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Metro-North violated safety act in forcing injured employee back to work: OSHA

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Metro-North violated safety act in forcing injured employee back to work: OSHA

NEW YORK—Supervisors at the Metro-North Commuter Railroad Co. violated provisions of the Federal Railroad Safety Act when they forced an injured employee to return to work, an investigation by the federal Occupational Safety and Health Administration has found.

In June 2009, a laborer at the New York-based railroad company's Harmon Diesel Shop in Croton-on-Hudson, N.Y., injured his finger and reported it to management. His supervisors, according to an OSHA statement released on Wednesday, tried at first to persuade the worker not to seek medical treatment, then ignored his doctor's recommendations that he be excused from work while his wounds healed.

“Metro-North's actions in this case are unacceptable and send a message of intimidation to its workforce,” said Robert Kulick, OSHA's regional administrator in New York, in a statement. “Railroad employees must be free to report injuries without fear that their employers will harass them, ignore medical instructions or force them to work under conditions that could impair the healing process or cause more harm.”

According to OSHA, the worker was instructed not to use his hand until the sutures he had received at a nearby hospital completely healed. He also was warned not to lift heavy objects or expose his hands to prolonged contact with chemicals.

OSHA said Metro-North's internal occupational health service determined the employee's injuries qualified him for time off, but the diesel shop's facilities director convinced health service managers to instead place the worker on restricted duty.

Despite the doctor's warnings and the restricted duty designation, the employee was ordered to return to his regular work, OSHA said. The agency said Metro-North's actions constituted both retaliation for the worker's initial injury claim and interference with his medical treatment.

A spokeswoman for the Metropolitan Transportation Authority, which oversees Metro-North, declined to comment on OSHA's findings.

OSHA ordered Metro-North to pay $10,000 in punitive damages to the employee and $8,830 in attorney's fees. The railroad company also was ordered to remove any negative mention of the employee's injury from his record.