Fired KCS Conductor Reinstated
On or about December 9, 2012, a conductor was working for KCS in Port Arthur, Texas, when he suffered an injury to his right foot. The conductor believed that he had simply sprained his ankle and completed his shift. Thereafter, conductor continued to have pain in his right foot and made an appointment with a doctor for December 13, 2012. The doctor diagnosed the conductor as having suffered a broken bone in his right foot. Shortly after getting the doctors diagnosis, the conductor notified KCS of his injury and completed the required paperwork. In his accident report, the conductor notified KCS that his injury occurred due to bad footing in KCS’ Port Arthur Yard.
On December 19, 2012, KCS notified the conductor that it would be holding a formal investigation into alleged late reporting of his injury. KCS held its investigation on January 15, 2013 and fired the conductor on January 22, 2013 for late reporting his injury.
As the case was proceeding before the administrative law judge, KCS agreed to reinstate the employee, reduce the discipline from permanent termination to 5 days actual and 25 day record suspension and to pay attorney's fees. Jerry Easley of Rome, Arata and Baxley LLC handled the case for the injured conductor.
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- Shortline Violates FRSA and Pays!
- Unfair Discipline by Union Pacific Expunged!
Railroad Whistleblower Resources
- Discipline for Reporting Must Stop!- Joint FRA-OSHA Letter to Railroads
- OSHA Fact Sheet - Whistleblower Protection for Railroaders
- FRA-OSHA Memorandum of Understanding
- AAR Amicus Curiae Brief
- OSHA Memo 3/12/12
- OSHA Whistleblower Investigation Manual
- 49 U.S.C. 20109
- How to Fill Out an Accident Report
- How to Give a Statement to the Railroad Claim Agent
- 7 Vital Tips for an Injured Railroad Worker
- Injured Railroad Worker Protections: How the FRSA Protects You When You Report an Injury or Safety Hazard