(The following appeared on the Traffic World website on April 25.)
Federal rail regulators, in a stinging report on safety practices at CSX Transportation, say the officials at the railroad created a “chilling” atmosphere discouraging workers from reporting injuries and that actions by CSX officials likely have violated the law.
The Federal Railroad Administration said the alleged violations “cannot be treated as proven.” But the report said the agency’s Office of Safety is recommending 30 civil penalty violation assessments against the railroad and a single assessment of individual liability against a CSX officer.
The FRA said it is issuing warning letters to CSX officials, including warning letters from the FRA’s Office of Chief Counsel.
CSX, in a letter by Executive Vice President and Chief Operating Officer Tony Ingram sent to the FRA last October and included in the report, said it has undertaken “remedial actions” in response to the incidents that were investigated and “to prevent such conduct from occurring.”
Sent to Congress this week, the report came after an investigation into allegations from rail unions that CSX has harassed and intimidated workers, discouraging workers from reporting on-duty injuries and from receiving proper medical treatment.
“The consensus of the investigative team was that certain CSX officers had created an atmosphere or culture that tends to have a chilling effect on employee injury/illness reporting and that ultimately sends a message to employees that if they report an on-duty injury, they will be subject to adverse consequences,” the report said.
The FRA report said investigators found CSX field officers often discuss federal reporting standards with workers who have been injured and “will sometimes ‘remind’ an injured employee” that a reportable injury would be included in personnel records and “may have an adverse effect on his or her career.”
“This behavior violates the law,” the report said.
A spokesman for the railroad said Friday the railroad “does not tolerate harassment and intimidation of employees” and “we have taken appropriate action where we have identified isolated instances of that behavior.”
Spokesman Gary Sease noted CSX has reduced employee injuries by 46 percent since 2004, saying “we have a culture of safety in this company.”