The Occupational Safety and Health Administration (OSHA) on March 1 issued another significant finding against the Norfolk Southern Railway Company for violating the Federal Railroad Safety Act (FRSA). This was the third of three separate findings against NS issued on February 27, and the latest in a series of cases in which OSHA, after a full investigation, concluded that NS fired Brotherhood of Maintenance of Way employees Division (BMWED) members merely for seeking medical attention for on-the-job injuries. This was the third of three separate findings against NS issued on February 27, and the latest in a series of cases in which OSHA, after a full investigation, concluded that NS fired Brotherhood of Maintenance of Way employees Division (BMWED) members merely for seeking medical attention for on-the-job injuries.

Section 20109 of the FRSA provides railroad workers with rights and remedies against unlawful railroad company retaliation for reporting injuries, seeking medical attention, and raising safety and security concerns. In this case, the Company said a BMWED member with a fine work record was fired by NS after getting a small piece of metal in his eye on the job and seeking medical attention to have it removed. The employee was charged by NS for making false and conflicting statements because he was unable to identify exactly when and how the metal entered his eye.

Following his dismissal the employee, with the assistance of BMWED, filed a complaint with OSHA alleging retaliation for reporting the injury and seeking medical attention. In issuing its findings OSHA ordered the NS to reinstate the employee with all rights, seniority, and benefits; pay the claimant lost wages and benefits in the amount of $156,518.94 plus interest; compensatory damages in the amount of $6,072.76 plus interest; $100,000.00 for humiliation and mental and emotional pain; punitive damages of $150,000.00; and reasonable attorney fees. OSHA also ordered NS to expunge the employee's record and restore Railroad Retirement Board credits lost since being unlawfully fired.