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OSHA orders Union Pacific to pay at least $304,869 after yardman refused to work in lightning
Published 2026-10-01
The U.S. Department of Labor said on October 1, 2026 that OSHA found Union Pacific illegally terminated a North Little Rock yardman who initiated a safety stand-down over nearby lightning. Union Pacific has objected and requested a hearing.
A U.S. Department of Labor Occupational Safety and Health Administration whistleblower investigation concluded that Union Pacific Railroad Co. violated the Federal Railroad Safety Act when it removed from service and later terminated a North Little Rock, Arkansas yardman, according to an OSHA news release dated October 1, 2026.
OSHA determined the employee raised concerns about nearby lightning, cited OSHA and NOAA lightning safety guidelines, initiated a safety stand-down and refused to work until the storm passed. Within minutes, Union Pacific removed him from service and later charged him with insubordination. The railroad terminated his employment on May 30, 2024.
On June 10, 2026, OSHA ordered Union Pacific to remove any reference to the incident from his employment records and to pay back wages, lost benefits, compensatory and punitive damages totaling at least $304,869, plus attorney's fees. Union Pacific filed objections and requested a hearing before a Department of Labor Administrative Law Judge, so the order is not final. OSHA notes that information in its releases may not reflect the final status of a case.
The release describes OSHA's Whistleblower Protection Program as enforcing 25 whistleblower statutes. It does not name the employee. This is one railroad case and says nothing about rules for other trades, though it shows how a refusal to work in unsafe conditions can be handled under the Federal Railroad Safety Act.