The U.S. Department of Labor has mandated that a tourist railroad operator in Ronks, Pennsylvania, along with a former company official, reinstate an employee who was dismissed after raising safety concerns. The department has also ordered the payment of back wages and damages to the employee.
An investigation by the Occupational Safety and Health Administration (OSHA) followed a whistleblower complaint from the terminated worker at Strasburg Rail Road Co. The complaint stated that the employee was fired for refusing to issue locomotive and conductor licenses to an untrained management official. OSHA confirmed that this management official did not have the necessary licensing credentials, determining that the company retaliated against the worker, which constitutes a violation of the Federal Railroad Safety Act.
"The OSHA investigation found Strasburg Rail Road Co. wrongfully terminated the employee for exercising their protected right to raise safety concerns," said OSHA Regional Administrator Michael Rivera in Philadelphia. "This case underscores the critical importance of protecting workers who prioritize safety and comply with federal regulations. Retaliation against employees who stand up for safety will not be tolerated."
OSHA's decision requires Strasburg Rail Road Co. and a former company official to compensate the employee with $161,114 in back wages and interest, $10,000 in compensatory damages, and $50,000 in punitive damages. Additionally, they must remove any references from the employee’s records related to exercising rights under the FRSA.
Strasburg Rail Road Co., chartered in 1832, is known as one of America's oldest continuously operating railroads. It operates five steam locomotives and 20 passenger cars offering scenic tours through Lancaster County's Amish Country.
OSHA’s Whistleblower Protection Program oversees more than 20 statutes designed to protect employees from retaliation when reporting various workplace violations across multiple sectors including safety, health, environmental issues, and more.
The U.S. Department of Labor does not disclose names involved in whistleblower complaints.
