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Whistlerblower Claim against BNSF

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  • Whistlerblower Claim against BNSF

    I recieved an injury awhile back and because it was a reportable injury BNSF put 40 "risk identifier points" on my record. I hired an attorney to help remove these points and filed a whistle-blower claim. OSHA is involved and working with my attorney. All I want are the point taken off my record. Should I be worried about losing my job over these actions I'm taking against BNSF?

  • #2
    Originally posted by mattdwagner View Post
    I recieved an injury awhile back and because it was a reportable injury BNSF put 40 "risk identifier points" on my record. I hired an attorney to help remove these points and filed a whistle-blower claim. OSHA is involved and working with my attorney. All I want are the point taken off my record. Should I be worried about losing my job over these actions I'm taking against BNSF?
    While I'm not an attorney I'll still offer an opinion here. In short, you're protected.

    HB


    http://www.osha.gov/Publications/OSH...r-railroad.pdf


    Protected Activity
    If your employer is covered under FRSA, it may not
    discharge you or in any other manner retaliate
    against you because you provided information to,
    caused information to be provided to, or assisted
    in an investigation by a federal regulatory or law
    enforcement agency, a member or committee of
    Congress, or your company about an alleged violation
    of federal laws and regulations related to railroad
    safety and security, or about gross fraud,
    waste or abuse of funds intended for railroad safety
    or security. Your employer may not discharge or
    in any other manner retaliate against you because
    you filed, caused to be filed, participated in, or
    assisted in a proceeding under one of these laws
    or regulations. In addition, you are protected from
    retaliation for reporting hazardous safety or security
    conditions, reporting a work-related injury or illness,
    refusing to work under certain conditions, or
    refusing to authorize the use of any safety- or security-
    related equipment, track or structures. You may
    also be covered if you were perceived as having
    engaged in the activities described above.
    "Never argue with an idiot; people watching might not be able to tell the difference".

    Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

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