Railroad Punished Worker for Reporting Injury, OSHA Rules

A Northeastern commuter railroad has been ordered to pay nearly $142,000 in damages and promote a mechanic who, federal regulators concluded, was denied a higher-level position because he suffered a knee injury on his lunch break.

As The Hartford Courant reports, the ruling by the Occupational Safety and Health Administration also found that Metro-North railroad wrongly classified the injury suffered by the employee, Bill Ordner, as not related to his work.

OSHA’s New England regional administrator in Boston, Marthe Kent, said in a news release that Metro-North’s policies and actions “may deter employees from reporting on-the-job injuries for fear of financial or career consequences.”

As FairWarning has reported, a major focus of OSHA under the Obama administration has been cracking down on employers that discourage employees from reporting workplace injuries. That crackdown, however, has focused on private sector companies, often manufacturers. Metro-North, which serves Connecticut, New York and New Jersey, is run by a New York State agency, the Metropolitan Transportation Authority.

Kent noted that the decision provides $125,000 in punitive damages — on top of the $11,651 in legal and medical expenses and $5,000 for suffering, along with back pay covering what Ordner would have received, since 2008, if he had been promoted. “The railroad’s blatant disregard for its employees’ rights and its refusal to cooperate with our investigation warrant these significant punitive damages.”

OSHA said it was the largest punitive damages award ever ordered by OSHA under the Federal Railway Safety Act.

A spokeswoman for Metro-North, as the The Associated Press reports, said the railroad disputes the OSHA findings and will appeal.

The spokeswoman, Marjorie Anders, said Ordner hurt his knee while at lunch at the railroad and sued to avoid medical co-payments of more than $2,000. She said the decision to not promote him to locomotive engineer had nothing to do with his injury, adding that Ordner’s original complaint did not allege that he was denied a promotion.

Ordner, in a statement released by his lawyer, said: “In my situation, management was not willing to listen to my safety concerns and became relentless and purposeful in their efforts to retard my career advancement.”

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