OSHA Fines NJ Transit $500K for Whistleblower Violation
By Jon Whiten • Apr 8th, 2010 • Category: Blog, News
NJ Transit violated federal law by retaliating against an employee who reported a work-related illness, according to an investigation by by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
The transit agency in 2008 cut the employee’s pay and eventually suspended him after he’d missed work due to a work-related illness from witnessing a fatal accident involving another worker, according to OSHA. The employee filed a whistleblower complaint with OSHA, alleging that NJ Transit had retaliated against him illegally.
After its investigation, OSHA sided with the employee, and has ordered NJ Transit to pay nearly $500,000 to the worker to compensate him for back pay, lost benefit payments, attorneys’ fees and interest. OSHA also ordered the transit agency to pay the worker $75,000 in punitive damages and remove any reference to the disciplinary actions from the record of the employee, who still works for NJ Transit.
“Railroad employees have the legal right to report work-related injuries and illnesses without fear of retaliation,” says Dr. David Michaels, OSHA’s assistant secretary of labor. “This case sends a clear message: railroads that retaliate against employees for exercising their rights will be held accountable.”
NJ Transit and the employee have 30 days to file an appeal.
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Jon Whiten is the founding editor of the Jersey City Independent; he now works for a public-policy nonprofit in Trenton.
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