The agency investigated a complaint filed by a Kansas City-based employee of Canadian Pacific Kansas City Ltd., who reported to the Federal Railroad Administration a minor train collision that occurred at the railroad company’s Knoche Yard on Aug. 11, 2024.

While the employee was not present at the time of the crash, which caused minimal damage and did not result in any injuries, the employee learned of it from a co-worker on the day it occurred and reported the collision and related safety concerns, as required by law, two days later.

OSHA’s investigation found that CPKC’s management was aware of the incident through radio traffic and internal rumors but took no investigative action until the employee’s report triggered an inspection by the Federal Railroad Administration.

In September 2024, the employee represented other workers involved in the collision during a disciplinary hearing as their union chairman and disclosed they reported the incident. As a result, CPKC investigated the employee and charged them with violating internal company policy for failure to notify management of the collision, despite not being present for it. The employee was subsequently suspended for 20 days without pay.

OSHA ordered CPKC to rescind the employee’s 20-day suspension and pay all back wages plus interest. The employer was also ordered to expunge the major rules violation and all references to the disciplinary action from the employee’s personnel record. CPKC must also pay compensatory and punitive damages.