§60129 Protection of Employees Providing Pipeline Safety Information

Summary

Protects employees who report pipeline safety problems or help with safety investigations. Employers may not fire or punish workers for giving information about violations, refusing to take part in illegal safety practices after telling their employer, testifying to lawmakers or in proceedings, starting or helping safety cases, or assisting others in those actions. “Employer” means someone who owns or runs a pipeline facility or their contractor or subcontractor. The rule does not protect an employee who, on their own and without the employer’s direction, deliberately breaks safety rules. If a worker thinks they were punished for these actions, they must file a complaint with the Secretary of Labor within 180 days. The Secretary will tell the employer and the Transportation Secretary and then investigate. The worker must first show the protected action was a contributing factor in the punishment. The employer can avoid action if it proves by clear and convincing evidence it would have acted the same without the protected action. The Secretary must make a finding about cause within 60 days of getting the complaint and give parties 60 days to object and ask for a hearing. After a hearing, a final order must come within 90 days. If a violation is found, the Secretary can order the employer to fix the problem, reinstate the worker with back pay and restore job conditions, and pay damages and reasonable costs (including attorney and expert fees). If a complaint is frivolous, the Secretary may award the employer up to $1,000 in fees. If the Secretary has not issued a final decision within 210 days (unless the delay is the worker’s fault), the worker can go to federal court for a new trial. Appeals of final orders go to the U.S. Court of Appeals within 60 days. Predispute waivers or arbitration clauses cannot take away these rights. Mandamus relief can be used to enforce nondiscretionary duties.