OSHA orders Union Pacific to pay back whistleblower

An OSHA whistleblower investigation found Union Pacific violated the Federal Railroad Safety Act when it removed from service and later terminated a North Little Rock, Arkansas 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 lightning 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 later charged him with insubordination. Union Pacific terminated his employment on May 30, 2024.

UP objects OSHA’s order to pay back over $300K

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.

Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.