OSHA Orders Union Pacific to Pay $305K After Firing Weather Safety Whistleblower
A North Little Rock yardman was terminated after refusing to work during a lightning storm. Federal regulators say the firing was illegal.
Federal workplace safety regulators have ordered Union Pacific Railroad to reinstate a former North Little Rock yardman and pay him more than $304,000 after concluding the company illegally fired him for refusing to work during a lightning storm, the U.S. Department of Labor announced.
The Occupational Safety and Health Administration's whistleblower investigation found that the employee had alerted management to nearby lightning, cited OSHA and National Oceanic and Atmospheric Administration safety guidelines, and initiated a safety stand-down until the storm cleared. Union Pacific responded by pulling him from service within minutes, subsequently charging him with insubordination and terminating his employment on May 30, 2024.
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On June 10, 2026, OSHA issued a formal order directing Union Pacific to expunge all references to the incident from the employee's personnel records and to pay back wages, lost benefits, compensatory and punitive damages, and attorney's fees totaling at least $304,869. Regulators determined the termination violated the Federal Railroad Safety Act, which bars carriers from retaliating against workers who raise safety concerns.
Union Pacific has filed objections to the order and requested a hearing before a U.S. Department of Labor Administrative Law Judge, meaning the case will proceed to a formal adjudication. The outcome could have broader implications for how railroads manage employee safety refusals during severe weather events.
OSHA's Whistleblower Protection Program, which enforces 25 federal statutes covering industries from railroads to financial services, has broad authority to pursue such cases. The Labor Department does not publicly identify employees involved in whistleblower proceedings. Continue reading at DOL News Releases and Briefs.
