A U.S. Department of Labor Occupational Safety and Health Administration whistleblower investigation has concluded that Union Pacific Railroad Co. violated the Federal Railroad Safety Act when it removed from service and later terminated a North Little Rock yardman who notified management of nearby lightning and federal safety standards.
OSHA determined that the employee voiced concerns about nearby lightning, cited OSHA and NOAA lightening safety guidelines, initiated a safety stand-down, and refused to work until the storm passed. Within minutes of the stand-down, Union Pacific removed the employee from service and was later charged with insubordination. Union Pacific terminated his employment on May 30, 2024.
On June 10, 2026, OSHA ordered Union Pacific to remove from the employee’s employment records any reference of the incident, and pay back wages, lost benefits, compensatory and punitive damages totaling at least $304,869, and attorney’s fees. Union Pacific filed objections to OSHA’s order and has requested a hearing before a U.S. Department of Labor Administrative Law Judge.
OSHA’s Whistleblower Protection Program enforces 25 whistleblower statutes that protect employees from retaliation for reporting violations of workplace airline, anti-money laundering, commercial motor carrier, consumer product, criminal antitrust, environmental, financial reform, food safety, health insurance reform, maritime, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, safety and health, securities, and tax laws.