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OSHA, FRA Sign Agreement to Cooperate in Enforcing Whistleblower Law
Practical Law Legal Update 5-520-4363 (Approx. 3 pages)
OSHA, FRA Sign Agreement to Cooperate in Enforcing Whistleblower Law
by PLC Labor & Employment
| Published on 17 Jul 2012 • USA (National/Federal) |
On July 17, 2012, the Department of Labor (DOL) announced that the Federal Railroad Administration (FRA) and the Occupational Safety and Health Administration (OSHA) signed an agreement to work together to enforce the whistleblower provision of the Federal Railroad Safety Act (FRSA).
On July 17, 2012, the DOL announced that the Federal Railroad Administration (FRA) and OSHA signed a memorandum of agreement to cooperate in the enforcement of the railroad employee whistleblower provision of the Federal Railroad Safety Act (FRSA).
Under the terms of the agreement:
- The FRA will inform individuals complaining of retaliation by a railroad carrier that a remedy is available through OSHA, rather than the FRA.
- OSHA will send the FRA copies of the complaints received under the FRSA's whistleblower provision, in addition to OSHA-issued findings and preliminary orders.
- The FRA and OSHA will develop training to assist FRA and OSHA enforcement staff.
OSHA currently enforces the whistleblower provisions of the FRSA. The FRA develops and enforces rail safety regulations, but is not empowered to address incidents of retaliation.