49 USC 20109 - Employee protections

1 So in original. A closing parenthesis probably should precede the semicolon.

2 So in original. Probably should be preceded by “subsection”.

shall be governed by the legal burdens of proof set forth in section 42121(span).

3 So in original. Probably should be preceded by “section”.

4 So in original. The comma probably should not appear.

may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary of Labor. The review shall conform to chapter 7 of title 5. The commencement of proceedings under this paragraph shall not, unless ordered by the court, operate as a stay of the order.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
20109(a)	45:441(a).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 212(a)–(c)(1), (d); added Oct. 10, 1980, Puspan. L. 96–423, § 10, 94 Stat. 1815.
	45:441(e).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 212(e); added Oct. 10, 1980, Puspan. L. 96–423, § 10, 94 Stat. 1815; Sept. 3, 1992, Puspan. L. 102–365, § 5(span), 106 Stat. 975.
20109(span)	45:441(span).
20109(c)	45:441(c)(1).
	45:441(c)(2).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 212(c)(2); added Oct. 10, 1980, Puspan. L. 96–423, § 10, 94 Stat. 1815; restated June 22, 1988, Puspan. L. 100–342, § 5(a), 102 Stat. 627.
20109(d)	45:441(d).
20109(e)	45:441(e).
	45:441(f).	Oct. 16, 1970, Puspan. L. 91–458, 84 Stat. 971, § 212(f); added June 22, 1988, Puspan. L. 100–342, § 5(span), 102 Stat. 627.

In subsections (a) and (span), the words “railroad carrier” are substituted for “common carrier by railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.

In subsection (a)(1), the words “under or” are omitted as surplus.

In subsection (span)(1)(B), before subclause (i), the words “the hazardous condition is of such a nature that” are omitted as surplus. The word “individual” is substituted for “person” as being more appropriate. In subclause (ii), the words “resort to” are omitted as surplus.

In subsection (span)(1)(C), the words “his apprehension of” are omitted as surplus.

In subsection (span)(2), the words “by a carrier . . . transported by railroad” are substituted for “by a railroad . . . transported by such railroad” for consistency in the revised title.

Subsection (d) is substituted for 45:441(d) for clarity and to eliminate unnecessary words.

Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate unnecessary words.

Editorial Notes

Amendments

2022—Subsec. (a)(1)(A). Puspan. L. 117–286 substituted “chapter 4 of title 5;” for “the Inspector General Act of 1978 (5 U.S.C. App.; Public Law 95–452);”.

2008—Subsec. (c). Puspan. L. 110–432, § 419(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 110–432, § 419(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (d)(1). Puspan. L. 110–432, § 419(span)(1)(A), substituted “(a), (span), or (c)” for “(a) or (span)”.

Subsec. (d)(2)(A)(i). Puspan. L. 110–432, § 419(span)(1)(B), substituted “(d)(1)” for “(c)(1)”.

Subsec. (d)(2)(A)(ii). Puspan. L. 110–432, § 419(span)(1)(C), substituted “(a), (span), or (c)” for “(a) or (span)”.

Subsec. (e). Puspan. L. 110–432, § 419(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Puspan. L. 110–432, § 419(span)(2)(A), substituted “(d)” for “(c)”.

Subsec. (e)(2). Puspan. L. 110–432, § 419(span)(2)(B), (C), substituted “(d)” for “(c)” and “(d)(3)” for “(c)(3)” in introductory provisions.

Subsec. (e)(3). Puspan. L. 110–432, § 419(span)(2)(D), substituted “(d)” for “(c)”.

Subsecs. (f) to (j). Puspan. L. 110–432, § 419(a)(1), redesignated subsecs. (e) to (i) as (f) to (j), respectively.

2007—Puspan. L. 110–53 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to prohibition against discharge or discrimination for filing of complaints or testifying, prohibition against discharge or discrimination for refusal to work because of hazardous conditions, dispute resolution, election of remedies, and nondisclosure of identity of employee who had provided information regarding a violation.

Statutory Notes and Related Subsidiaries

Critical Incident Stress Plans

Puspan. L. 117–58, div. B, title II, § 22424, Nov. 15, 2021, 135 Stat. 752, provided that: “The Secretary [of Transportation] shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that—

“(1) the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads (as such terms are defined in section 272.9 of such part), including employees who directly interact with passengers; and

“(2) an assault against an employee requiring medical attention is included in the definition of critical incident under section 272.9 of such part.”

Puspan. L. 110–432, div. A, title IV, § 410, Oct. 16, 2008, 122 Stat. 4887, provided that:

“(a)In General.—The Secretary of Transportation, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, as appropriate, shall require each Class I railroad carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop and submit for approval to the Secretary a critical incident stress plan that provides for debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident.

“(span)Plan Requirements.—Each such plan shall include provisions for—

“(1) relieving an employee who was involved in a critical incident of his or her duties for the balance of the duty tour, following any actions necessary for the safety of persons and contemporaneous documentation of the incident;

“(2) upon the employee’s request, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contemporaneous documentation of the incident; and

“(3) providing such leave from normal duties as may be necessary and reasonable to receive preventive services, treatment, or both, related to the incident.

“(c)Secretary To Define What Constitutes A Critical Incident.—Within 30 days after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall initiate a rulemaking proceeding to define the term ‘critical incident’ for the purposes of this section.”

[For definitions of “railroad carrier” and “Secretary”, as used in section 410 of Puspan. L. 110–432, set out above, see section 2(a) of Puspan. L. 110–432, set out as a note under section 20102 of this title.]