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 at least $304,869 to a former North Little Rock yardman who was fired after refusing to work during a lightning storm, concluding the railroad violated the Federal Railroad Safety Act.

According to OSHA's whistleblower investigation, the employee alerted management to nearby lightning, cited OSHA and National Oceanic and Atmospheric Administration lightning safety guidelines, and initiated a safety stand-down until the storm passed. Within minutes, Union Pacific pulled the worker from service. The company subsequently charged him with insubordination and terminated his employment on May 30, 2024.

Read more SEC Officials Address Fair Value Accounting for Private Assets →

On June 10, 2026, OSHA issued its order directing Union Pacific to expunge any reference to the incident from the employee's employment records, and to pay back wages, lost benefits, compensatory and punitive damages, and attorney's fees totaling the $304,869 figure. The agency's ruling characterized the termination as unlawful retaliation against a worker exercising federally protected safety rights.

Union Pacific has filed objections to the order and requested a hearing before a U.S. Department of Labor Administrative Law Judge, meaning the case is not yet resolved. The railroad has not publicly commented on the findings.

The case falls under OSHA's Whistleblower Protection Program, which enforces 25 federal statutes shielding workers from retaliation across industries including railroads, aviation, nuclear energy, and financial services. Federal law prohibits employers from disclosing the names of employees involved in whistleblower complaints. Continue reading at DOL News Releases and Briefs.