Western Railroad Discussion > BNSF Attendance Policy Taking A Hit?

From time to time on these discussion boards you hear about attendance policies initiated by the different Class One railroads. Towards the end of my career with CSX a doctors note would excuse you from work but would not excuse you from disciplinary actions related to absenteeism. I often wondered how a company policy could legally override a doctors order to stay home. Do you think the story in the following link is the beginning of the end for retaliation for following doctors orders and how will that affect the carries attendance polices, if at all.


http://www.ble-t.org/pr/news/headline.asp?id=40425

Yep, I believe it SHOULD be the beginning of the end, simply due to a decision in a matter of contention set by a legal tribunal. Time for the RR to amend their policy to conform with OSHA edicts.

Kind of makes you wonder. If your wife was a nurse and treated an Ebola patient and they quarantined you home, would any company, rail or otherwise, want you at work? Would they be checking on you daily? Would it be treated as a situation like a broken bone or a small surgery?

Pretty rare situation but the two nurses that did come down with it interacted with others before they were hospitalized. Just a thought and something to stir up the controversy.

John

I'm amazed that few pregnant engineers or conductors etc have invoked the many protections the law offers people in that condition. Under federal law and under the laws of many states, the doctor's word is FINAL about when you go on disability. Or, when it is safe for you to climb (up steps into a locomotive, for example). Or trudge along ballast at night, with a twenty pound knuckle. Or assure your unquestioned right to use the bathroom. Even if it means stopping the train on a single track line, in an extreme situation.

Some of the same protections apply to people under a doctor's care for prostate, blood pressure, kidney, etc issues.

at csx it's in the engineers contract if an absence involves and ER visit then they can't hold it against you, other than that it's up to csx. other than that you need to have FLMA that's your only alternative if your sick.

Them knuckles weigh more than 20 lbs....something like 60-70 lbs. I've handled my share!

on another related subject for absenteism ... i know first hand from my injury that when it comes to disability the RRB determined if an employee was entitled to permanent or temporary disability not the railroad

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Lackawanna484 Wrote:
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> the doctor's word is FINAL about when you go on
> disability. Or, when it is safe for you to climb
> (up steps into a locomotive, for example).

Except of course the doctor is in with the union to falsely claim you are disabled. Several Long Island RR employee fell into this one.

1 Wrote:
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> at csx it's in the engineers contract if an
> absence involves and ER visit then they can't hold
> it against you, other than that it's up to csx.
> other than that you need to have FLMA that's your
> only alternative if your sick.

Worked for a chief who decreed that nobody was off sick unless he determined personally that they were sick and authorized them to be off.

I ended that quickly:

Hey Chief, do you know the penalty for practicing medicine without a license?

Why?

Well...it's a gross misdemeanor if you do it once. More than that is a felony. gn (Morse for good night).

and I left for home (after my 3d trick).

That night I came to work and the instruction about him authorizing off sick was no longer in effect.

TAW

Does the fact that a Doctor orders the employee off work for illness, or injury raise the issue that the employee would not be "fit for duty" under FRA Regs?? Food for thought. Someimes some managers don't think before they act. If an employee was ordered to operate while under a doctors care and subsequently had an accident or incident it would create legal problems that in all probably cost the Railroad many times what the lost time cost them. If a pattern could be established they could get crucified in a Lawsuit'

It's nice to see that absenteeism is the "cause du jour" for BNSF this month.

Back in 2001 they were demanding that their schedule employees submit seven vials of blood so, unbeknownst to the employee, genetic testing could be performed. If it was discovered that certain diseases were a part of an employee's family history, adjustments were made to that employee's health insurance coverage.

Seriously.

http://www.bmwe.org/journal/2001/04apr/A1.htm

BNSF6400 Wrote:
-------------------------------------------------------
> Lackawanna484 Wrote:
> --------------------------------------------------
> -----
> > the doctor's word is FINAL about when you go on
> > disability. Or, when it is safe for you to
> climb
> > (up steps into a locomotive, for example).
>
> Except of course the doctor is in with the union
> to falsely claim you are disabled. Several Long
> Island RR employee fell into this one.

Or more likely, jumped in with both feet, given the increase in take home pay and NY benefits.

something like 97% of retiring engineers and conductors received at least partial disability pensions. just three doctors did all the certifications

blackhillshogger Wrote:
-------------------------------------------------------
> Them knuckles weigh more than 20 lbs....something
> like 60-70 lbs. I've handled my share!


Makes a difference if one has ever handled them or not, if not then they weight 20lb.LOL Knew the answer and have never lifted one myself, oops have too, used it for a weight on the 7.5" gauge RR where I play.
Kind of like the things I worked with, truck brake drums, you bet wouldn't want to walk far with those either.

BNSF6400 Wrote:
-------------------------------------------------------
> Lackawanna484 Wrote:
> --------------------------------------------------
> -----
> > the doctor's word is FINAL about when you go on
> > disability. Or, when it is safe for you to
> climb
> > (up steps into a locomotive, for example).
>
> Except of course the doctor is in with the union
> to falsely claim you are disabled. Several Long
> Island RR employee fell into this one.

So, which doctor was "in" with which union? I recall reading an FBI report on this case and in the entire report the only time a "union" was mentioned was that one of the facilitators was a retired conductor and "former union president", the other being a retired district office manager for the RRB in NY whose husband was a retired LIRR employee.
Do you have factual evidence or did you just succumb to the media frenzy and jump to a conclusion?



Edited 1 time(s). Last edit at 10/30/14 10:05 by Chico43.