2 Fired Whistleblowers Get Their Jobs Back — Plus $453K

A national employer is the latest to find itself on the wrong end of an OSHA whistleblower investigation. 

Here’s what happened at a Georgia worksite that turned out to be a six-figure mistake.

Terminations Prompt Whistleblower Investigation

CSX Transportation is a freight railroad company that operates in the Eastern U.S.

In November 2018, two employees reported a “blue flag” on the tracks at a Waycross, Georgia, railyard to signal that their train could not be moved safely.

The company responded by removing the workers from the assignment. It later fired them.

An OSHA investigation found the company’s response violated federal protections for employees who raise workplace safety issues. 

“The Federal Railroad Safety Act protects workers’ rights to report safety concerns without fear of retaliation. When employers like CSX Transportation retaliate against workers for raising safety concerns, they create an environment of fear that can lead to dangerous and sometimes deadly situations,” Kurt Petermeyer, OSHA’s Regional Administrator in Atlanta, said in a statement. “The workers did what they were supposed to – they saw that the tracks were deemed unsafe, they communicated the issue, and waited for further instructions. Despite following protocol, they were fired for the delay. This retaliatory behavior is unacceptable.”

“Employers who punish workers for speaking out against unsafe or unfair working conditions are breaking the law, and OSHA will hold them accountable,” Petermeyer added.

What a Six-Figure Whistleblower Mistake Looks Like

An administrative law judge (ALJ) ordered CSX to pay a total of $453,510 to two employees, which includes: 

• $248,856 in back wages
• $100,000 for emotional distress, and 
• $100,000 for punitive damages.

The company was also ordered to pay $4,654 to one of the workers for the health insurance premiums paid after his employment ended.

In addition to the financial payout, CSX must also: 

• Reinstate the employees to their previous positions and seniority had they not suffered the wrongful termination, and 
• Pay their reasonable attorneys’ fees.

Feds Crack Down on Whistleblower Violations

This is the latest of several instances where employers were found to have violated federal whistleblower regulations by retaliating against workers who reported safety concerns. For example, in recent months: 

• An OSHA investigation determined a truck driver was illegally fired for reporting legitimate safety issues. The employer was ordered to pay the driver more than $56,000.
• A federal court in New York decided that an ophthalmologist illegally fired an employee for reporting safety concerns related to COVID-19. Specifically, she complained about a lack of workplace protocols relating to the virus. 
• The DOL found a daycare facility illegally fired a childcare worker who reported safety concerns. Specifically, the whistleblower reported that the facility’s kitchen was not properly cleaned each night. The employer was ordered to reinstate the worker and pay her more than $43,000 in back wages and damages.
• An ALJ upheld an OSHA finding that a truck driver was illegally fired after he declined an assignment that would have put him over the Department of Transportation (DOT) hours-of-service regulation for commercial motor vehicle drivers. The employer was ordered to pay the driver nearly $15,000 in back wages and damages.