February 2012 Archives

OSHA Not Happy With BNSF's "Points Policy"

Last summer OSHA told BNSF to stop using its "points policy" to try to intimidate employees out of reporting on-duty personal injuries. The Federal Railroad Safety Act of 2007 prohibits railroads from retaliating against employees who report on-duty injuries. "Retaliating" includes discharge and other types of adverse employment action. This statute also protects employees who try to accurately report their hours of service, or who report unsafe track or unsafe equipment, or who refuse in good faith to work on unsafe track or equipment. Congress gave OSHA, rather than the Federal Railroad Administration, jurisdiction over such claims because OSHA already had substantial experience investigating and deciding similar retaliation claims in other industries. If successful, the employee may be entitled to reinstatement with retroactive seniority, back pay with interest, punitive damages, and costs and attorney's fees.

Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Firm Location:

Paoli Law Firm, P.C.
257 W Front St
Suite A
Missoula, MT 59802-4351

Toll Free: 800-332-4308
Phone: 406-542-3330
Fax: 406-542-3332
Missoula Law Office Map

Firm Number