A federal judge has ordered CSX Transportation Inc. to pay a fine of $453,510 to two railroad workers who were illegally terminated from their posts.
The decision came in from the U.S. Department of Labor’s Office of Administrative Law Judges and was informed by a Whistleblower investigation into CSX Transportation by the Department of Labor.
CSX Transportation Inc. is a subsidiary of the Jacksonville-based CSX Corp., and according to the court report, is “one of the nation’s largest transportation service providers. Its direct and indirect wholly-owned subsidiaries include CSX Intermodal Terminals Inc., CSX Real Property Inc., CSX Technology Inc., Total Distribution Services Inc., and TRANSFLO Corp.”
“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,” said OSHA Regional Administrator Kurt Petermeyer in Atlanta.
CSX Transportation faces $453K fine
The Occupational Safety and Health Administration (OSHA) investigated with the help of the two employees who were wrongfully let go from their posts.
The investigation found that the two employees at the heart of the matter raised a blue flag at a Georgia railyard, saying they could not safely progress the train they were driving. CSX Transportation reportedly took action to remove both employees from the assignment and terminate their employment at a later date.
OSHA determined that CSX Transportation’s actions were a flagrant misuse of power and violated federal employment rights, most notably the Federal Railroad Safety Act.
Petermeyer concluded that the two workers “did what they were supposed to – they saw that the tracks were deemed unsafe, they communicated the issue, and waited for further instructions. Despite following protocol, they were fired for the delay. This retaliatory behavior is unacceptable.”
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