The largest punitive damages ever awarded in a worker retaliation case under the Federal Railroad Safety Act were laid against the Metro-North for actions against an injured worker. An OSHA investigation revealed the worker, employed as a coach cleaner, was penalized for reporting a knee injury he suffered on the job. Because of this other injured employees did not report them for fear of the same reprisal. Proposed penalties include $250,000 in punitive damages and $10,000 in compensatory damages and attorney fees.
In addition the OSHA ordered Metro-North to clear the employee’s record of all disciplinary action and conduct training for all supervisors and managers on employee whistleblower rights.
For more information, read the news release.
