Lawyers and unions representing rail workers say there is a clear pattern across the industry of railroads retaliating against workers who report safety violations or injuries on the job
to install 1,000 more trackside detectors to spot mechanical problems and reevaluate their responses to alerts from those devices.
Statistics from the Occupational Health and Safety Administration show the number of single-year whistleblower complaints filed against big railroads declined from the 218 reported in 2018 to 96 last year. Long before Mike Ratigan was fired from CSX in New York last year after refusing to help circumvent federal safety standards or ignore railcar flaws, he said he saw other workers sanctioned. Those disciplinary cases became a “deer head” for managers: a trophy that sent a clear message.OSHA says 793 whistleblower complaints were filed between 2018 and the end of July, with Norfolk Southern leading all railroads with 257.
One of his managers confronted Elliott in the parking lot and jumped on the hood of his car, claiming Elliott punched him and tried to run him down. Elliott said he was acquitted of those allegations in a criminal case, but ultimately was fired. Dale Gourneau had a reputation as a “tenacious safety advocate” who may have written more “bad order” tags listing defects on railcars than anyone else in the Mandan, North Dakota, railyard where he worked for 18 years.
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