7061 East Pleasant Valley Road, Independence, Ohio 44131 • (216) 241-2630 / Fax: (216) 241-6516

Membership
Benefits
News and Issues
Departments
Information
Merchandise
Communications
FELA
Events
Links
User Info

OSHA orders Metro-North to pay $18,830 for interfering with worker's medical treatment

(Source: Occupational Health & Safety press release, March 16, 2012)

WASHINGTON, D.C. — An investigation by OSHA has determined that Metro-North Commuter Railroad Co. violated the employee protection provisions of the Federal Railroad Safety Act when it took retaliatory action against an employee at its Harmon Diesel Shop in Croton-on-Hudson, N.Y., who reported a workplace injury. OSHA found that the railroad, which provides commuter rail service in Connecticut, New York, and New Jersey, interfered with the worker's medical treatment and forced him to work in violation of his physician's orders.

The employee, a laborer, injured his finger on June 26, 2009, and reported it to management, who first attempted to dissuade him from seeking medical treatment. The worker received sutures at a nearby hospital, where he was instructed to not use his hand until the sutures healed, and to keep the hand clean and dry. The railroad's occupational health service determined that the injury disqualified the worker from duty, but the facilities director of the diesel shop persuaded the health service to change the worker's status to restricted duty. The worker's personal physician excused him from work until the sutures were removed and supplied written notice that he should not lift heavy objects or immerse his hands in chemicals, actions he performed in the normal course of his duties. In spite of these instructions and the employee's restricted work status, management ordered him back to work and required him to perform these duties.

"Metro-North's actions in this case are unacceptable and send a message of intimidation to its workforce," said Robert Kulick, OSHA's regional administrator in New York. "Railroad employees must be free to report injuries without fear that their employers will harass them, ignore medical instructions, or force them to work under conditions that could impair the healing process or cause more harm."

OSHA has ordered Metro-North to pay $10,000 in punitive damages to the worker and $8,830 in attorney's fees, and to expunge any adverse references relating to the employee's exercise of his FRSA rights from his personnel, safety, and department files. Metro-North also must post an OSHA notice for employees in the Harmon Diesel Shop and on its internal website, and provide all diesel shop employees with information on employee protections for reporting work-related injuries.

Friday, March 16, 2012

Like us on Facebook at
Facebook.com/BLETNational

Sign up for BLET News Flash Alerts

© 1997-2016 Brotherhood of Locomotive Engineers and Trainmen

 


Decertification Helpline
(216) 694-0240

National Negotiations

Sign up for BLET
News Flash Alerts

DAILY HEADLINES

AAR: Rail traffic up 2 percent from 2015 for week ending December 3
NCCC invokes mediation with BMWED-SMART Mechanical bargaining group
FRA probes why Capitol Corridor train shook violently, injured passengers
What’s next for Wick Moorman and Amtrak?
CSX lays out N.C. terminal plans
Editorial: Train safety should not fall into ‘stagnant’ category
Should NJ Transit be merged with other state transit agencies?
Pittsburghers, Amtrak, NS and PennDOT
The problem of part-time work in America
Trailers to be deployed along N.Y. oil train routes
Judge rules ‘Midnight Rider’ producer can’t collect on insurance due to criminal acts
RRB: Medicare Part B premiums for 2017
Get the latest labor news from the Teamsters

More Headlines