The Occupational Safety and Health Act of 1970 stipulates that employers are required to provide a healthy and safe work environment for their employees. OSHA is responsible for creating and enforcing the standards of safety measures that must be met by employers.
As described in the article OSHA: Metro-North Violated Anti-discrimination Provisions of Federal Railroad Safety Act the Connecticut Department of Labor has found that between years 2011 and 2013, Metro-North Commuter Railroad Co. violated the anti-discrimination provisions as set forth by the Federal Railroad Safety Act.
The FRSA establishes that it is illegal for railroad carriers to discipline employees who follow a physician’s orders or treatment plan. Employees of Metro-North filed a complaint with OSHA claiming that they were issued written warnings under the railroad’s attendance policy after following their physician’s orders. As a result of such violations, OSHA ordered Metro-North to pay attorneys’ fees and $1,000 in compensatory damages for each employee.
“Metro-North’s policy of making employees ignore a treating physician’s medical instructions or face discipline is unacceptable,” states OSHA’s acting regional administrator for New England. “While Metro-North says it has since changed this policy, this type of procedure, which endangers employees and the public an is illegal under FRSA, should not exist.”
If you or someone you know thinks they have suffered as a result of unlawful actions by an employer , the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.