Union Pacific Deemed “Serial Violator” of FRSA, OSHA Slaps Railroad with Hefty Penalty

SMART-TD’s Designated Legal Counsel (DLC) have been tried and tested on enforcing the laws that impact railroad workers on the job. If you have been retaliated against for reporting a safety violation, an injury, or other acts covered by the Federal Rail Safety Act (FRSA), DLC are the experts to turn to.

As a fellow railroader saw firsthand, this specialized experience and knowledge can be the difference between winning or losing when your job and future are on the line.

Case in Point: Specialized Legal Representation Matters for Rail Workers in Whistleblower Cases 

In March of 2024, Union Pacific fired locomotive engineer Juan Garza, claiming that Brother Garza was “dishonest” about sustaining a very minor injury in an on-duty Uber car crash the month before.

In June of 2024, DLC Coordinator Sara Youngdahl and co-counsel Doyle Dennis Avery filed Garza’s OSHA complaint under the Federal Railroad Safety Act (FRSA) with the Secretary of Labor. 

Brother Garza was reinstated in June 2025 through the arbitration process, and the Occupational Safety and Health Administration (OSHA) agreed. 

In addition to reinstatement, OSHA awarded Brother Garza back pay, interest on his back wages, pain and suffering/mental distress, attorney and expert fees, and punitive damages against Union Pacific for the “reckless and callous disregard” for Brother Garza’s rights. 

In its decision, OSHA referred to Union Pacific as a “serial violator” of the Federal Railroad Safety Act (FRSA), which protects whistleblowers who report safety or security violations, refuse to work in dangerous conditions, or seek prompt medical attention for on the job injuries.

OSHA also ordered Union Pacific to expunge Brother Garza’s employment records for any reference to his OSHA complaint, restore Brother Garza’s benefits, including leave time, missing contribution/match amounts to his stock purchase plan, vacation time lost, and any other benefits affected by Union Pacific’s retaliatory conduct. 

Union Pacific was also required to issue the OSHA Fact Sheet “Whistleblower Protection for Railroad Workers” to all employees and supervisors. 

DLC Helps Promote Safety for All Railroaders

Tasked with taking on OSHA whistleblower and Federal Employers’ Liability Act (FELA) cases, Youngdahl explained that this situation underscores the importance of having an attorney who knows the intricacies of the railroad industry.

“If a rail worker hires a lawyer who knows nothing about the railroad industry and the laws that protect rail workers, they’re putting not only their own future in jeopardy but also their family’s future. We as DLC have devoted our entire legal careers to protecting members against the railroad in times of need,” she noted. 

“In addition to helping our individual clients get the justice they deserve, our goal as DLC is to help promote rail safety. We have seen that effectively representing rail workers in whistleblower cases can make a big impact on safety,” said Youngdahl.

Whistleblower laws have protected railroaders since 2007 and were made necessary because of the railroads’ widespread retaliation against our members across the country. 

Regional Training Seminars Offer Deep Dive on Laws Protecting Railroad Workers 

SMART-TD’s Regional Training Seminars (RTS) provide attendees the opportunity to learn more about legal issues facing railroad workers from Youngdahl and other DLC attorneys. 

Information about the Federal Employers’ Liability Act (FELA) protects railroaders’ on the job injuries has been expanded to include whistleblower laws.

“The impact of the whistleblower law has grown,” explained Youngdahl. “We felt the need to educate members and union leaders on the whistleblower statute, and how we can use it to protect railroaders from harassment and intimidation.”

Youngdahl also previewed the upcoming curriculum at the Anaheim, California RTS, which takes place from September 8-11.

Attendees will learn how whistleblower cases are built, what information is required, and much more. 

One Case Makes a Major Impact

Even though Brother Garza’s case centered on a single individual, Youngdahl points out that the outcome can have wide-ranging implications for rail workers across the industry.

“Our collective goal is to improve rail safety across the industry. We’re all in this together.”