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Tarnish on railroad’s low injury rate award

June 26, 2012 by Fred Hosier
Posted in: Analysis/Commentary, In this week's e-newsletter, Injuries, Latest News & Views, OSHA news, Transportation safety


OSHA recently ordered Norfolk Southern Railway to pay more than $800,000 to three employees because they were fired for reporting injuries. This calls into question the railroad’s gold medals in previous years for low injury rates.

Roger Chesley, a columnist for The Virginian-Pilot wrote recently:

“For 23 straight years, [Norfolk Southern] has won the gold medal in the E.H. Harriman Awards, signifying that it has the lowest casualty rate for every 200,000 hours worked in the railroad industry. Recent criticism by a federal agency, however, clouds that stellar reputation.”

OSHA ordered Norfolk Southern to pay $802,168 in three cases.

In one case, a railroad conductor based in Harrisburg, PA, was fired after reporting a head injury he suffered when he blacked out and fell down steps while returning from the locomotive lavatory. Norfolk Southern said the employee faked his injury and made false and conflicting statements.

The day before the injury, the employee had been praised for excellent performance, highlighted by no lost work time due to injuries in his 35-year career.

“When workers are discouraged from reporting injuries, no investigation into the cause of the injury can occur,” said OSHA administrator David Michaels. “To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation.”

In his column, The Virginian-Pilot’s Roger Chesley noted that what’s unknown is how many other Norfolk Southern employees had been discouraged from reporting injuries because the railroad had fired others for doing the same.

The railroad says it will fight OSHA’s rulings in all three cases.

This isn’t the first time Norfolk Southern has landed in OSHA’s cross-hairs.

Last year, OSHA ordered the railroad to pay a former employee $122,199 in damages for firing the employee for reporting an on-the-job injury.

In its press release regarding that incident, OSHA noted Norfolk Southern had intimidated other employees from reporting injuries:

“This ‘chilling effect’ allowed Norfolk Southern to maintain the appearance of an exemplary safety record and continue its 22-consecutive-year record as recipient of the E.H. Harriman Gold Medal Rail Safety Award.”

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  • Guest

    Thanks for the clarification.

    I think the push from companies is going to move more and more to terminating employees over safety offenses prior to them having injuries.

    Employees may not like it this way. It used to be that if someone was unsafe, it was proven if they got hurt and disciplinary action would follow. Now that OSHA is pushing against discipline of injured employees, companies have no choice but to discipline safety infractions even if they did not result in injury or property damage.

    Employees often have a hard time of understanding why they face discipline when “nothing happened”. I have a feeling that the pendulum is going to swing so far that employees will soon be complaining that their company terminated them for safety infractions in which no one was hurt and no property was damaged, therefore was the act really unsafe?

    Just my additional 2 cents.

  • http://www.safetynewsalert.com Fred Hosier

    Editor’s note: Casualty includes injuries and fatalities. According to Merriam-Webster’s: casualty: 1. serious or fatal accident 2. a military person lost through death, injury, sickness or capture or through being missing in action

  • Guest

    “For 23 straight years, [Norfolk Southern] has won the gold medal in the E.H. Harriman Awards, signifying that it has the lowest casualty rate for every 200,000 hours worked in the railroad industry.”

    Although I’m not in agreement with firing people if they simply had an injury, I have to make a comment here.

    The award says it is for “lowest casualty rate”. To me that implies “death”. How is someone not reporting an injury going to increase a fatality rate? It isn’t. If that is the case, they still would have achieved this award. Just saying.

    This will be interesting to see once all of the evidence is out on the firings. I am sure there is more to the story and the company’s side of the story is yet to be told.


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