Whistleblower Protection for Railroad Workers

Individuals working for railroad carriers and their contractors and subcontractors are 

protected from retaliation for reporting potential safety or security violations to their 

employers or to the government.

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) 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 (such as 

a manufacturer or repairer of operational 

equipment for a railroad carrier) 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 employer 

about an alleged violation of federal laws 

and regulations related to railroad safety 

and security, or about gross fraud, waste, or 

abuse of federal grants or other public funds 

intended for railroad safety or security. 

• Refused to violate or assist in a violation of 

any federal law, rule, or regulation relating to 

railroad safety or security.

• Filed a complaint, caused a proceeding to 

be brought, cooperated with an investigation 

or testified in a proceeding under federal 

laws or regulations relating to railroad safety 

and security. 

• Reported a hazardous safety or security 

condition. 

• Reported a work-related injury or illness.

• Accurately reported hours of duty. 

• Refused to work when confronted with an 

imminent hazardous safety or security condition.

• Refused to authorize the use of any safety- or 

security-related equipment, track, or structures 

if those structures present an imminent 

hazardous safety or security condition.

• Requested medical or first-aid treatment 

or followed orders or a treatment plan of a 

treating physician. 

You may also be protected if you were 

perceived as having engaged in the activities 

described above. 

What Is Retaliation?

Retaliation is an adverse action against an 

employee because of activity protected by the 

FRSA. Retaliation can include several types of 

actions, such as:

• Firing or laying off

• Blacklisting

• Demoting

• Denying overtime or promotion

• Disciplining

• Denying benefits

• Failing to hire or rehire

• Intimidation

• Reassignment affecting promotion prospects

• Reducing pay or hours

• Making threats

• Denying, delaying, or interfering with the 

medical or first aid treatment of an employee 

who is injured during the course of employment

FactSheet
Deadline for Filing Complaints 

Complaints must be filed within 180 days after 

the alleged retaliatory action (that is, when the 

employee is notified of the retaliatory action).

How to File a FRSA Complaint 

An employee, or his or her representative, can 

file a FRSA complaint with OSHA by visiting or 

calling his or her local OSHA office, sending a 

written complaint to the closest OSHA office, or 

filing a complaint online. No particular form is 

required and complaints may be submitted in 

any language. 

Written complaints may be filed by fax, 

electronic communication, hand delivery 

during business hours, U.S. mail (confirmation 

services recommended), or other third-party 

commercial carrier. 

The date of the postmark, fax, electronic 

communication, telephone call, hand delivery, 

delivery to a third-party commercial carrier, or 

in-person filing at an OSHA office is considered 

the date filed. 

To file a complaint electronically, please visit: 

www.osha.gov/whistleblower/WBComplaint.html. 

To contact an OSHA area office, please call 

1-800-321-OSHA (6742) to be connected to

the closest area office. Or visit our website at

www.osha.gov/html/RAmap.html and click on

your state to find your local OSHA office address

and contact information.

When OSHA receives a complaint, the agency 

will first review it to determine whether certain 

basic requirements are met, such as whether the 

complaint was filed on time. If so, the complaint 

will then be investigated according to the 

procedures required by 29 CFR Part 1982. 

Results of the Investigation

If the evidence supports an employee’s complaint 

of retaliation, OSHA will issue an order requiring 

the employer to, as appropriate, put the employee 

back to work, pay lost wages, restore benefits, 

and other possible relief. The exact requirements 

will depend on the facts of the case. If the 

evidence does not support the employee’s 

complaint, OSHA will dismiss the complaint. 

After OSHA issues a decision, the employer 

and/or the employee may request a full 

hearing before an administrative law judge of 

the Department of Labor. The administrative 

law judge’s decision may be appealed to the 

Department’s Administrative Review Board. The 

employee may also file a complaint in federal 

court if the Department does not issue a final 

decision within 210 days. See 49 U.S.C. § 20109.

To Get Further Information

For a copy of FRSA, 49 U.S.C. § 20109, the 

regulations (29 CFR 1982), and other information, 

go to www.whistleblowers.gov.

OSHA’s Whistleblower Protection Programs 

enforces the whistleblower provisions of more 

than twenty federal whistleblower laws. To learn 

more about the whistleblower statutes which 

OSHA enforces, view our “Whistleblower 

Statutes Desk Aid” at www.whistleblowers.gov/

whistleblower_acts-desk_reference.pdf. 

For information on the Office of Administrative 

Law Judges procedures and case law research 

materials, go to www.oalj.dol.gov and click on 

the link for “Whistleblower.” 

For information on railroad safety laws 

and regulations, visit the Federal Railroad 

Administration’s website at www.fra.dot.gov. 

Under the Occupational Safety and Health 

Act of 1970, employers are responsible for 

providing safe and healthful workplaces for 

their employees. OSHA’s role is to ensure these 

conditions for America’s working men and 

women by setting and enforcing standards, and 

providing training, education, and assistance. 

For more information, visit www.osha.gov. 

DWPP FS-3945 05/2018

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.