OSHA orders UTA to rehire whistle-blower

SALT LAKE CITY — The U.S. Occupational Safety and Health Administration has ordered the Utah Transit Authority to reinstate a whistle-blower employee and pay more than $130,000 in back wages, interest, damages and attorney's fees.

UTA discharged the employee, according to a OSHA statement on Thursday, in retaliation for raising security concerns about how UTA had given keys to access railroad controls and switches for signals and tracks. OSHA has determined it was a wrongful discharge.

The employee's name was not released, as per OSHA policy, the statement said.

OSHA also ordered UTA to post information around work areas regarding whistle-blower rights under the Federal Railroad Safety Act.

The FRSA protects employees of railroad carriers, contractors and subcontractors against retaliation for reporting certain safety and security violations. Employees who cooperate with federal investigations are also protected. Find more information on whistle-blower rights at www.whistleblowers.org.

UTA has the right to appeal the case in 30 days to the U.S. Labor Department's Office of Administrative Law Judges.

UTA is evaluating its options, said UTA spokesman Gerry Carpenter, who declined to talk more about the case.

"In general, however, I would like to state that UTA's rail system is very safe and secure," he said. "UTA is subject to regular audits, which include reviews of rail safety and security. In addition, both the Federal Railroad Administration and OSHA perform frequent on-site inspections. There are currently no unaddressed safety or security concerns that the FRSA or other regulating agencies have brought to UTA's attention."

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