OSHA Finds Metro-North Commuter Railroad In Violation
In two separate cases over the past few months, the Occupational Safety & Health Administration (OSHA) has found the Metro-North Commuter Railroad violated parts of the Federal Railroad Safety Act in making injured workers perform job duties contrary to doctors’ orders after being involved in accidents at work.
In one case, a machinist working in a construction area of the company was required to serve as a fire watch inside of a locomotive after the hospital told him to not work for two days. According to the press release from OSHA:
In this case, a machinist injured his finger on July 6, 2009, and reported it to management. The hospital that treated the injury instructed the machinist not to work that day or the next. However, the railroad’s occupational health service determined that the employee was qualified for restricted duty despite the hospital’s orders. The employee was then instructed to serve as fire watch while a fuel tank was being welded inside a locomotive, a duty normally carried out by a qualified member of the fire brigade. The worker was threatened with suspension for raising concerns that he was not qualified or medically fit to perform this duty. Subsequently, the employee was excused from work for more than a week by his personal physician. After returning to full duty status, no work was assigned to the employee, and he was issued a written reprimand saying that he caused his injury.
In both cases, the company, which operates lines in New Jersey, was fined and required by OSHA to pay damages to the injured workers.
When you are hurt in a New York or New Jersey construction accident, you don’t expect to be pressured into working when it’s contrary to what the physician told you. But many times, that’s exactly what happens. Construction foremen are often so focused on their schedule and job completion that they are willing to risk the safety of their workers.
Sometimes, when hurt in such an accident, it can feel like no one cares about the amount of pain you are in, even suggesting you wait until after you get off of work to get medical attention. But you have rights.
About Ginarte Construction Accident Attorneys
Our attorneys have over 150 years of combined experience. We know what it’s like to be hurt on the job and treated unfairly, and we also know that you are protected by the law against such treatment.
If you’ve been injured in an accident at work and find yourself being treated unfairly, forced to work against doctor’s recommendations or being told the accident was your own fault—we may be able to help.
Contact our New York / New Jersey construction accident law firm at (888) GINARTE today to discuss your case and how we may be able to help.
