After crash at Kansas City railroad yard, feds order company to repay whistleblower
A railroad wrongfully suspended an employee after they reported a train collision and safety concerns at the company’s Kansas City rail yard, according to the U.S. Department of Labor.
A federal investigation by OSHA determined Canadian Pacific Kansas City Ltd. violated whistleblower protections by suspending the employee, the department announced Monday.
The employee, who served as the railroad workers union chairman, reported a minor train collision that happened Aug. 11, 2024 at the company’s Knoche Yard, 4747 E Front Street, which is also the railroad’s U.S. headquarters. The crash caused minimal damage and did not result in any injuries, the department said.
The union chairman heard about the crash the day it happened and reported it to the feds two days later, according to a news release.
The OSHA investigators say railroad company management were aware of the crash through radio traffic and employee chatter, but did not take action until the employee’s report triggered a federal inspection.
At a disciplinary hearing in September 2024, the union chairman told railroad management that they reported the crash to the feds, as required by law, according to the news release.
The railroad company then allegedly charged the union chairman with violating a policy that requires employees to notify management of a crash, even though he was not involved in the crash or working when it happened. He was suspended for 20 days without pay, OSHA says.
OSHA determined the suspension violated the Federal Railroad Safety Act, which includes protections for whistleblowers against retaliation for reporting safety concerns.
The department ordered the railroad company to rescind the employee’s 20-day suspension and pay all back wages plus interest. The company was also ordered to remove the disciplinary action from the employee’s record and pay compensatory and punitive damages.
The monetary amount of those damages were not specified in a news release Monday.
