Labor Department: Union Pacific Railroad wrongly terminated employee
Summary
The U.S. Department of Labor's OSHA found Union Pacific Railroad violated the Federal Railroad Safety Act by terminating an employee after they reported a work-related injury. OSHA ordered the company to reinstate the employee and pay over $315,000 in damages.
What changed
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has concluded a whistleblower investigation finding Union Pacific Railroad Co. violated the Federal Railroad Safety Act. The violation occurred when the company terminated a switchman/conductor after the employee reported a work-related injury and sought medical care. This action constitutes retaliation under federal law.
OSHA has ordered Union Pacific to reinstate the affected employee and pay a total of over $315,000, which includes back wages, interest, compensatory damages, punitive damages, and attorney's fees. This enforcement action underscores the importance of protecting employees who report workplace injuries and highlights potential financial and operational consequences for non-compliance with whistleblower protections.
What to do next
- Review internal policies regarding employee injury reporting and subsequent disciplinary actions.
- Ensure compliance with Federal Railroad Safety Act whistleblower protections.
- Consult legal counsel regarding potential exposure to similar claims.
Penalties
Over $315,000 in back wages, interest, compensatory damages, punitive damages, and attorney's fees.
Source document (simplified)
OSHA Regional News Brief - Dallas Region
U.S. Department of Labor
SAN ANTONIO, TX – A federal whistleblower investigation has revealed that Union Pacific Railroad Co. again violated the Federal Railroad Safety Act by terminating a switchman/conductor after they reported and sought medical care for a work-related injury.
March 6, 2026
US Labor Department finds Union Pacific Railroad wrongly terminated employee for reporting, seeking medical care for work-related injury
SAN ANTONIO, TX – A federal whistleblower investigation has revealed that Union Pacific Railroad Co. again violated the Federal Railroad Safety Act by terminating a switchman/conductor after they reported and sought medical care for a work-related injury.
An investigation by the department's Occupational Safety and Health Administration found Union Pacific violated the law by firing the worker after they reported their work-related injury to management and sought medical treatment.
OSHA has ordered Union Pacific to reinstate the employee and pay back wages, interest, compensatory and punitive damages, and attorney's fees totaling over $315,000.
OSHA's Whistleblower Protection Program enforces 25 whistleblower statutes that protect employees from retaliation for reporting violations of workplace airline, anti-money laundering, commercial motor carrier, consumer product, criminal antitrust, environmental, financial reform, food safety, health insurance reform, maritime, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, safety and health, securities, and tax laws.
For information on whistleblower protections, visit OSHA's Whistleblower Protection Programs webpage.
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**Editor's note:* The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.*
Media Contact:
Joanna Hawkins
OPA-WEST-Media@dol.gov
Release Number: 26-323-DAL
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