Complaints Made by Amtrak Employees
In accordance with section 7 of the Inspector General Act of 1978 (the IG Act), as amended, the Amtrak Office of Inspector General (OIG) shall not, after receipt of a complaint or information from an Amtrak employee, disclose the identity of the employee without the consent of the employee unless the Inspector General determines such disclosure is unavoidable during the course of an investigation, or by court order.
Furthermore, the IG Act provides that Amtrak may not take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Complaints regarding retaliation or reprisal may be filed with the Amtrak OIG, using the reporting methods set out in the Tip Hotline.
Complaints Made by Third Persons
Complainants who are not Amtrak employees do not have an automatic right to confidentiality under section 7 of the IG Act. However, third parties or non-Amtrak employees may specifically request confidentiality, and the OIG will protect the confidentiality of such complainants to the maximum extent permitted by law (for example, by using applicable exemptions and exclusions of the Freedom of Information Act). Other statutes or provisions may provide rights with respect to third parties, such as that provided under The American Recovery and Reinvestment Act.
Anonymity
If you do not wish to disclose your identity, you may remain anonymous when contacting the OIG regarding allegations of fraud, waste, abuse or mismanagement. Please keep in mind that anonymity may impede a quick or thorough investigation or the success of a later prosecution. In the event that you claim retaliation or reprisal, it may be necessary for you to disclose your identity to ensure a proper investigation.
Additional Whistleblower Protections for Railroad Employees
The Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program enforces the provisions of more than 20 federal laws protecting employees from whistleblower retaliation. Among the laws is the Federal Rail Safety Act (FRSA), which protects employees working for railroad carriers from retaliation for reporting certain safety or security violations to their employers or the government. In accordance with the FRSA and the corresponding regulations (29 CFR Part 1982), covered employees (i.e., employees, contractors, and subcontractors of a railroad carrier) are also protected from retaliation for disclosing certain safety and security violations. There are serious consequences for those that do engage in retaliation.
Any employee who engages in harassment, intimidation, retaliation, interference or other prohibited conduct described above may be subject to disciplinary action, up to and including termination. In addition, civil monetary penalties can be assessed by the FRA against any railroad employee, executive, manager, or supervisor who willfully causes a violation.
What types of disclosures are protected?
Under FRSA, a covered employee may not be discharged or in any other manner retaliated against because the covered employee provided information to, caused information to be provided to, or assisted in an investigation by, a federal regulatory or law enforcement agency (such as Amtrak Office of Inspector General), a Member or Committee of Congress, or an employer, about an alleged violation of federal laws, rules, or regulations related to railroad safety and security, or about fraud, waste or abuse of federal grants or other public funds intended for railroad safety or security. An employer may not discharge or in any manner retaliate against a covered employee because the employee filed a complaint, caused a proceeding to be brought or testified in a proceeding under one of these laws or regulations relating to railroad safety and security. In addition, employees of railroad carriers are protected from retaliation for reporting hazardous safety or security conditions, refusing to work under certain hazardous conditions, or refusing to authorize the use of any safety-related equipment, track or structures, if those structures present an imminent hazardous safety or security condition. For a complete list, see the OSHA Fact Sheet.
What is a retaliatory action?
A retaliatory action generally takes the form of an unfavorable personnel action. Per OSHA’s guidance, such actions include:
- Firing or laying off
- Blacklisting (intentionally interfering with an employee’s ability to obtain future employment)
- Demoting
- Denying overtime or promotion
- Disciplining
- Denying benefits
- Failing to hire or rehire
- Intimidation
- Making threats
- Reassignment affecting promotion prospects
- Reducing pay or hours
- Denying, delaying, or interfering with the medical/first-aid treatment of an employee who is injured in the course of employment
What do you do if you believe you have been retaliated against for making a protected disclosure?
A covered individual or a representative of that individual, who believes that he or she has been retaliated against in violation of this statute, may file a complaint with OSHA. It is important to note that the FRSA prohibits complainants from filing multiple discrimination complaints under other laws for the same allegedly unlawful act of the employer.
The complaint should be filed with the OSHA office responsible for enforcement activities in the geographical area where the employee resides or was employed, but may be filed with any OSHA officer or employee. Complaints may be filed orally or in writing, by mail, fax, or hand delivery during business hours. The date postmarked, faxed or hand delivered is considered the date filed.
How soon do you need to take action?
Complaints must be filed within 180 days after the alleged unfavorable employment action occurred (that is, when the complainant becomes aware of the retaliatory action).
Where do I get further information?
For a copy of the statutes, the regulations and other whistleblower information, go to www.whistleblowers.gov. For information on the Office of Administrative Law Judges procedures, decisions and research materials, go to www.oalj.dol.gov and click on the link for “Whistleblower.”