Texas-Based BNSF Ordered to Pay $290K in Whistleblower Case

March 15, 2021

Federal labor officials have ordered Fort Worth, Texas-based BNSF Railway Co. to pay more than $290,000 in back pay, damages and fees, and reinstate an employee after an investigation found the worker’s rights were violated under the Federal Railroad Safety Act.

According to the U.S. Department of Labor, BNSF had accused the employee of violating a doctor’s restrictions against physical activity following a work-related injury. When the employee provided documents during a subsequent hearing to prove that his doctor allowed physical activity, the company ignored the documents and fired him.

The U.S. Department of Labor’s Occupational Safety and Health Administration found that BNSF violated federal law and ordered the railway to reinstate the worker, and pay back wages, attorney’s fees and compensatory damages. OSHA also assessed $150,000 in punitive damages.

The company and the employee may file objections or request a hearing, within 30 days of receipt of OSHA’s order, before the department’s Office of Administrative Law Judges.

BNSF operates on a 32,500-mile rail network across 28 states and three Canadian provinces. The 170-year-old company, which now consists of nearly 400 railroad lines, is a subsidiary of Berkshire Hathaway Inc.

Source: OSHA

Topics Texas

Was this article valuable?

Here are more articles you may enjoy.