Iowa railroad retaliated against worker, OSHA says

Iowa Interstate Railroad has been ordered to pay $1,000 in damages for retaliating against an employee for reporting a work injury.

The unnamed employee received a letter of censure from the company after reporting a work injury. The employee then filed a whistleblower complaint with the Occupational Safety and Health Administration alleging the railroad had retaliated against him for reporting his work injury.

OSHA's Whistleblower Protection Program investigated the complaint under the Federal Rail Safety Act. A statement announcing the agency's action was released on Thursday, June 15.

Iowa Interstate Railroad plans to appeal the OSHA findings, according to railroad President Dennis Miller. He said the worker wasn't censured for reporting the injury.

Miller said the Iowa Interstate investigates all injuries, and in the process of investigating the worker's injury found out he had “violated a few rules.”

The investigation began in January 2009. OSHA found the complaint to have merit, and ordered the Cedar Rapids-based railroad to “cease and desist automatic issuance of a notice of investigation for employees who report work injuries without reasonable suspicion that a hearing will uncover evidence of a policy violation or misconduct.”

OSHA also explained that it has ordered the railroad to expunge all files and computer data referring to the letter of censure and the disciplinary hearing involving the employee. In addition to paying the affected employee $1,000 in punitive damages, it ordered the railroad to provide its employees with information on their whistleblower rights under the Federal Rail Safety Act.

The railroad hadn't heard anything from OSHA in about six months when it was notified of the action this week, Miller said. He expressed concern that enacting OSHA's order would violate terms of the company's union agreement.