Spring 2000
Volume 107 - No. 1

 

FELA Series

Protecting yourself from harassment

Railroads have long engaged in misconduct in order to discourage employees from reporting injuries and receiving proper medical care and thereby making it difficult for injured workers to receive fair compensation.

In 1997, the FRA finally enacted regulations to protect injured workers from this kind of harassment. The key regulation involves the Internal Control Plan (ICP). Each railroad must publish and distribute an ICP, stating that "harassment or intimidation of any person calculated to prevent that person from receiving proper medical attention or reporting accidents or injuries will not be tolerated and will result in discipline of the harasser."

A copy of the ICP is to be provided to every employee, supervisor and manager. In addition, the railroad must have a procedure in place to investigate complaints and discipline those who violate the policy. Railroads may be fined up to $5,000 for harassment or for failing to accurately report accidents. The railroad must also provide protection to any employee who reports harassment or other violations of the ICP.

If you feel that you have been harassed, report it to your local chairman. Do not let this harassment dissuade you from filing a personal injury report as soon as possible. This report is key to any future settlement.

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© 2000 Brotherhood of Locomotive Engineers