Attention Railroad Workers

The FRA has issued an interpretation of its regulations on employee harassment and intimidation of injured employees. This interpretation focuses on situations where a supervisor or other official accompanies an injured employee into an examination room. This is considered harassment and intimidation in violation of §2225.33(a)(1).

There are two exceptions: (1) The injured employee issues an invitation freely, without coercion, duress or intimidation. (2) The injured employee is unconscious or otherwise unable to effectively communicate material information to the physician and the supervisor's input is needed to provide such information.

The full archive of the rule 49 CFR Part 225 can be found at this link.

http://edocket.access.gpo.gov/2009/pdf/E9-6953.pdf