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Judge orders reinstatement and compensation for wrongfully terminated CSX employees

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A federal administrative law judge has mandated that CSX Transportation Inc., a subsidiary of one of the nation's largest transportation companies, compensate two railroad workers with $453,510 and reinstate them after their wrongful termination. The workers were dismissed for reporting safety concerns at a Waycross, Georgia railyard in 2017.

The ruling follows an investigation by the Occupational Safety and Health Administration (OSHA) into CSX Transportation's actions. The employees had reported a blue flag on the tracks, indicating unsafe conditions for moving their train. Despite following safety protocols, they were removed from their assignment and subsequently fired. OSHA concluded that CSX's actions violated federal protections designed to safeguard workers who raise safety issues.

Kurt Petermeyer, OSHA Regional Administrator in Atlanta, stated, "The Federal Railroad Safety Act protects workers’ rights to report safety concerns without fear of retaliation. When employers like CSX Transportation retaliate against workers for raising safety concerns, they create an environment of fear that can lead to dangerous and sometimes deadly situations."

The financial compensation ordered includes $248,856 in back wages with interest, $100,000 for emotional distress, and $100,000 in punitive damages. Additionally, CSX must reimburse one worker $4,654 for health insurance premiums paid post-termination.

This decision is part of a series of cases where federal authorities have found CSX Transportation violating whistleblower regulations. Previous incidents include a 2021 order by OSHA requiring the company to pay over $221,976 to another worker in New Orleans and similar orders in 2020 involving employees in Rebecca, Georgia.

Petermeyer emphasized the importance of holding employers accountable: "Employers who punish workers for speaking out against unsafe or unfair working conditions are breaking the law."

CSX Transportation Inc., based in Jacksonville under its parent company CSX Corp., operates through various subsidiaries including CSX Intermodal Terminals Inc., CSX Real Property Inc., and others.

OSHA enforces whistleblower provisions under the Federal Railroad Safety Act among other statutes aimed at protecting employees who report workplace violations across multiple sectors.

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