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BNSF Employee Wins OSHA Case

An employee of one of the nation’s largest North American freight railroad networks will receive more than $290,000 in back pay, damages, and fees, and be reinstated to their job after the U.S. Department of Labor found the worker’s rights were violated under the Federal Railroad Safety Act.

BNSF Railway Company accused the employee of violating a doctor’s restrictions against physical activity following a work-related injury.

When the employee provided documents during a hearing to prove that his doctor allowed physical activity, the company ignored the documents and fired him.

The U.S. Department of Labor’s Occupational Safety and Health Administration found that BNSF violated federal law, and ordered the railway to reinstate the worker, and pay back wages, attorney’s fees, and compensatory damages.

OSHA also assessed $150,000 in punitive damages.

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