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OSHA Orders Union Pacific to Pay $305K After Firing Worker Who Halted Operations During Lightning Storm

Summarized from DOL News Releases and Briefs

A federal investigation found Union Pacific violated railroad safety law by terminating a yardman who refused to work during a lightning storm.

OSHA Orders Union Pacific to Pay $305K After Firing Worker Who Halted Operations During Lightning Storm

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered Union Pacific Railroad to pay more than $304,000 to a North Little Rock, Arkansas, yardman the company fired after he halted work during a lightning storm, federal officials announced.

The OSHA investigation determined that the employee alerted management to nearby lightning strikes, cited OSHA and NOAA safety guidelines, and initiated a safety stand-down until the storm passed. Within minutes of that work stoppage, Union Pacific pulled him from service and subsequently charged him with insubordination. The railroad formally terminated his employment on May 30, 2024.

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On June 10, 2026, OSHA issued an order directing Union Pacific to expunge all references to the incident from the worker's employment file and to pay back wages, lost benefits, compensatory and punitive damages, and attorney's fees amounting to at least $304,869. The agency concluded the company's actions violated the Federal Railroad Safety Act, which prohibits carriers from retaliating against employees who raise safety concerns.

Union Pacific has disputed the findings. The railroad filed formal objections to OSHA's order and requested a hearing before a U.S. Department of Labor Administrative Law Judge, meaning the case will proceed to an additional adjudication phase before any final resolution is reached.

The case falls under OSHA's Whistleblower Protection Program, which enforces 25 separate federal statutes shielding workers from retaliation across industries ranging from railroads and pipelines to financial services and food safety. Federal policy bars the Labor Department from disclosing the identities of employees who file whistleblower complaints. Continue reading at DOL News Releases and Briefs.

Frequently Asked Questions

Q.Why did OSHA rule against Union Pacific Railroad?

OSHA determined that Union Pacific violated the Federal Railroad Safety Act by removing from service and later terminating an employee who reported nearby lightning, cited OSHA and NOAA safety guidelines, and initiated a safety stand-down until the storm passed.

Q.How much does Union Pacific have to pay the fired railroad worker?

OSHA ordered Union Pacific to pay at least $304,869, covering back wages, lost benefits, compensatory and punitive damages, and attorney's fees, along with expunging the incident from the employee's records.

Q.What happens next after Union Pacific contested the OSHA order?

Union Pacific filed objections and requested a hearing before a U.S. Department of Labor Administrative Law Judge, which means the dispute will go through an additional adjudication process before a final decision is made.

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