requesting medical or first-aid treatment, or for

following orders or a treatment plan of a treating

physician.

Adverse Actions

Your employer may be found to have violated

FRSA if your protected activity was a contributing

factor in its decision to take adverse action against

you. Such actions may include:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Making threats

• Reassignment affecting promotion prospects

• Reducing pay or hours

• Disciplining an employee for requesting medical

or first-aid treatment

• Disciplining an employee for following orders or

a treatment plan of a treating physician

• Forcing an employee to work against medical

advice

Deadline for Filing a Complaint

Complaints must be filed within 180 days after the

alleged adverse action occurred.

How to File a Complaint

A worker, or his or her representative, who believes

that he or she has been retaliated against in violation

of this statute may file a complaint with OSHA. The

complaint should be filed with the OSHA office

responsible for enforcement activities in the geographic area where the worker lives or was employed,

but may be filed with any OSHA officer or employee.

For more information, call your nearest OSHA

Regional Office:

On August 3, 2007, the Federal Railroad Safety Act

(FRSA), 49 U.S.C. §20109, was amended by The

Implementing Recommendations of the 9/11

Commission Act (Public Law 110-53) to transfer

authority for railroad carrier worker whistleblower

protections to OSHA and to include new rights,

remedies and procedures. On October 16, 2008, the

Rail Safety Improvement Act (Public Law 110-432)

again amended FRSA, to specifically prohibit discipline of employees for requesting medical treatment or for following medical treatment orders.

Covered Employees

Under FRSA, an employee of a railroad carrier or a

contractor or subcontractor is protected from retaliation for reporting certain safety and security violations.

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.

In addition, you are also protected from retaliation

(including being brought up on charges in a disciplinary proceeding) or threatened retaliation for

FactSheet

Whistleblower Protection for

Railroad Workers

Individuals working for railroad carriers are protected from retaliation for reporting potential

safety or security violations to their employers or to the government.
• Boston (617) 565-9860

• NewYork (212) 337-2378

• Philadelphia (215) 861-4900

• Atlanta (404) 562-2300

• Chicago (312) 353-2220

• Dallas (972) 850-4145

• Kansas City (816) 283-8745

• Denver (720) 264-6550

• San Francisco (415) 625-2547

• Seattle (206) 553-5930

Addresses, fax numbers and other contact information for these offices can be found on the

Whistleblower Protection Program’s website,

www.whistleblowers.gov, and in local directories.

Complaints may be filed orally or in writing, by

mail (we recommend certified mail), e-mail, fax, or

hand-delivery during business hours. The date of

postmark, delivery to a third party carrier, fax, email, phone call, or hand-delivery is considered the

date filed. If the worker or his or her representative

is unable to file the complaint in English, OSHA

will accept the complaint in any language.

Results of the Investigation

If the evidence supports your claim of retaliation

and a settlement cannot be reached, OSHA will

issue a preliminary order requiring the appropriate

relief to make you whole. Ordered relief may

include:

• Reinstatement with the same seniority and

benefits.

• Payment of backpay with interest.

• Compensatory damages, including compensation for special damages, expert witness fees

and reasonable attorney’s fees.

• Punitive damages of up to $250,000.

OSHA’s findings and preliminary order become a

final order of the Secretary of Labor, unless a party

objects within 30 days.

Hearings and Review

After OSHA issues its findings and preliminary

order, either party may request a hearing before an

administrative law judge of the U.S. Department of

Labor. A party may seek review of the administrative law judge’s decision and order before the

Department’s Administrative Review Board. Under

FRSA, if there is no final order issued by the

Secretary of Labor within 210 days after the filing

of the complaint, then you may be able to file a

civil action in the appropriate U.S. district court.

To Get Further Information

For a copy of the statutes, the regulations and

other whistleblower information, go to www.

whistleblowers.gov. For information on the Office of

Administrative Law Judges procedures, decisions

and research materials, go to www.oalj.dol.gov and

click on the link for “Whistleblower.”

This is one in a series of informational fact sheets highlighting OSHA programs, policies or 

standards. It does not impose any new compliance requirements. For a comprehensive list of 

compliance requirements of OSHA standards or regulations, refer to Title 29 of the Code of Federal

Regulations. This information will be made available to sensory impaired individuals upon request.

The voice phone is (202) 693-1999; teletypewriter (TTY) number: (877) 889-5627.

U.S. Department of Labor

www.osha.gov

(800) 321-OSHA

For more complete information:

DEP 8/2010