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I’m sorry, but if I am working on a renewal and typically going through a loss run, if I see a particular claimant who has repetitive injuries, it’s my obligation to point such out to the buyer. If I see repeated issues on an MVR, I might do the same.
the article doesn’t allude to the basis for the termination. If NS is using statistical projections on historical data to their benefit in identifying problematic employees as a cost-reducing effort, are they empirically really at fault?
Good risk management is understandable; terminating an employee as a first step in handling risk is not. Of course, without more data, there is really no way to judge the merits of the case for either side.
This is part of a larger effort by OSHA to penalize employers for implementing safety incentive plans that might discourage the reporting injuries and who discipline employees for late reporting of accidents and injuries. I Agree with both commenters about the lack of information in the story to evaluate what really happened. OSHA’s recently published policy of punishing employers for enforcing prompt injury reporting flies in the face of all good risk management practices.
There is clear federal and state law on this issue.
Also, given the OSHA track record on these cases, I suspect it was fairly blatant and obvious from the record. The DOL Inspector General has seriously chided OSHA on both retaliation and whistle blower cases for not investigating and following the law.