Article 3688 of 26902 articles posted under "Safety First?"


Name: LAW
Employed as: Other, non-employee, for N/A
Posted: 06 December 2017


You are wrong. OSHA does have authority to inquire and follow through
on complaints that are violated within the state. The railroad is not a
federal owned/operated agency. It is regulated by the Federal
government. They are held accountable under the same laws and standards
as any other civilian business. If they are violating  state or federal
laws regulated by OSHA you can file a report with the agency.

In reference to the violations of FRA law 240.231 that have been posted
on here several times, if you feel that your respective FRA
representatives are not following through on your complaints, you can
request a review with the USDOT. FRA agents are not exempt from
following their laws and regulations as well. Intimidation by your
supervisors to violate federal law is not a laughing matter. If you are
still having these problems then you need to make sure you get solid
proof that you are being ordered to violate these laws. A recorded
conversation on your phones or orders over railroad radio
communications as well as having several witnesses to the conversation
is a good start. DOCUMENT,DOCUMENT,DOCUMENT! Exact times, places, names
and the exact conversation as you can best remember is imperative. Do
not worry about radio conversations being removed/erased. You can not
expect change if you do not take the proper action. Posting on this
site may bring the violations out in the open but there will be nothing
done if you do not follow through with the proper charges.

240.11-A person who violated any requirement of this part( ex:crew
member) or causes the violation (ex:railroad supervision) of any such
requirement is subject to a civil penalty of at least $839 and not more
than $27,455 PER VIOLATION, except that: Penalties may be assessed
against individuals only for willful violations(supervisions constant
intimidation of crew members) and, where a grossly negligent violation
has created an imminent hazard of death or injury to person, or has
caused death or injury, a penalty not to exceed $109,819 per violation
may be assessed. Each day a violation continues shall continues a
separate offense.
A person who knowingly and willfully falsifies a record or report
required by this part may be subject to criminal penalties under 49
U.S.C 21311.

After having seen several complaints posted on this site about csx
supervisors ordering crews to violate FRA law 240.231 or suffer
discipline charges it is not hard to figure out that this is an on
going issue and is being done in a willful manner. If was once posted
that the violation had been forwarded to an FRA representative. How
long ago were these complaint filed? Has anyone received any response
from the department? If not has anyone contacted the USDOT? Has anyone
filed a charge with their respective Union representation? It is your
responsibility to make sure these complaints are followed through with.
If several charges are filed you have a better chance of having your
complaints brought to the table. An order of protection against
retaliation can be issued for a group of employees who come forward to
report federal law violations. If necessary you can come together as a
group and ask for whistle blower protection.

don't click here