Department of Labor orders railroad to reinstate employee, pay $200K in back wages, damages after retaliation for safety complaints

ENDERLIN, ND – A federal whistleblower investigation has found a North Dakota railroad company illegally retaliated against and terminated a claims representative who reported an injury, discussed safety concerns with their supervisor and filed a complaint with the U.S. Department of Labor. 

The department’s Occupational Safety and Health Administration investigated a complaint filed by an Enderlin-based employee of Soo Line Railroad Co. who reported an injury they believed was related to dust and chemical exposures during indoor workplace construction. In the months after, the claims representative discussed their safety complaints with their supervisor and co-workers. 

While the Federal Railway Safety Act protects a worker’s right to report injuries, to discuss them and file complaints with regulatory agencies, Soo Line Railroad later suspended and fired the employee subsequently.

OSHA investigators found Soo Line Railroad violated the claims representative’s federal protections and ordered the company to reinstate the employee, pay them more than $45,000 in back wages and $155,000 in other damages. The railroad operator must also remove negative reports from the worker’s personnel record.

“Employees must be able to exercise their legal rights regarding workplace safety freely without fear of  employer retaliation,” explained OSHA Regional Administrator Jennifer S. Rous in Denver. “Our investigation and actions on this employee’s behalf reflect the U.S. Department of Labor’s determination to ensure workers’ rights are protected.”

 Based in Minneapolis, the Soo Line Railroad is a key U.S. subsidiary of Calgary-based Canadian Pacific Kansas City Limited, one of the six major Class I railroads in the U.S.

The company and the former employee may file objections or request a hearing with the department’s Office of Administrative Law Judges within 30 days of receiving the agency’s order.

OSHA enforces the whistleblower provisions of the FRSA and more than 20 other statutes protecting employees who report violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.