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Straight
Track #226
| Victory For Railroaders'
Medical Confidentiality
James L. Farina, Attorney
Hoey & Farina, P.C.
farina@hoeyfarina.com
888-425-1212 |
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The following article should be of interest to all our readers,
regardless of union affiliation or state of residency. This legislation,
newly passed in Illinois and awaiting the governor's signature, is a
model for all states in protecting railroad employees from the bold and
intrusive interference by railroads in confidential medical treatment.
Our hats off to Joe Szabo and his crew, John Burner and Joe Guy, at the
Illinois Legislative Board.
05/25/2005
Total victory achieved as Illinois House votes to concur with bill
penalizing RR interference with injured workers' medical treatment —
Legislation heads to governor for signature
SPRINGFIELD (May 28) — In the last frenzied moments before final
adjournment the Illinois House voted today to concur with a Senate
version of H.B. 2449, making the UTU's long-awaited employee
medical-treatment protection bill eligible for the governor's signature
and enactment into law.
"This is a total victory for the UTU membership and a victory BY the
UTU membership," said UTU Illinois Legislative Director Joseph C. Szabo.
"They chose to use their power and really showed their power. Individual
contacts from constituents were the main reason legislators agreed to
pass this precedent-setting legislation. It really shows what organized
employees can bring to bear on government when they coordinate their
efforts and act as a unified team."
Introduced Feb.18 by the only UTU member in the General Assembly,
State Rep. Eddie Washington (D-North Chicago), H.B. 2449 set out to end
a string of managerial abuses that all of the railroad crafts had been
reporting to their union leaders for years.
"Eddie brought a lot of passion and a lot of personal experience to
this fight because of his own railroad background," Szabo said. "And
when we organized our telephone campaign, our members brought their own
experiences to the attention of the legislators. They didn't just phone
in their opinions. They phoned in their case histories. Even if they
hadn't been denied medical treatment, they usually knew a co-worker who
had. Their calls had the ring of authenticity."
Szabo said H.B. 2449 was "precedent-setting" for the nation because
once the bill is signed, Illinois will become the first state to bring
severe financial penalties to bear on any railroad whose managers
attempt to deny or delay medical treatment from an employee injured in
the workplace, or who attempt to interfere with a course of medical
treatment after it is under way.
The bill will fine a railroad up to $10,000 for each violation," he
said, noting that each separate attempt to interfere with an employee's
treatment can be counted as a violation.
"Suppose an employee stumbles in a railroad yard and hurts his knee
and tells his supervisor he needs to see a physician," Szabo said.
"Instead of taking him to the emergency room, the trainmaster tells him
to wait and fill out an accident report or make a formal statement
before he can go to the doctor.
"That counts as one violation," Szabo said. "It's a delay to prompt
medical treatment. If proved, it could result in the Illinois Commerce
Commission fining the railroad up to $10,000.
"Now let's say an hour or two passes and the employee's supervisor
finally takes him to the doctor's office," Szabo said. But if the
supervisor goes into the consulting room with the employee, that
breaches the confidentiality of the doctor-patient relationship. That
would be construed as an attempt to interfere with the employee's
treatment—a second violation--and could result in another fine of up to
$10,000.
"Finally, suppose the same employee receives a prescription for
pain-relieving drugs—and the supervisor asks the doctor whether an
over-the-counter medication can be substituted. This, too, is an attempt
to interfere with the employee's medical treatment and could bring an
additional fine".
Because H.B. 2449 labels each act of attempted delay, denial or
interference as a separate count, the same injury could result in an
employer being fined multiple times in connection with the same injury,
Szabo said.
"Depending upon the acts committed by an employer, the cost to the
carrier could run as high as $30,0000 - $50,000 or more," he said.
In addition to active membership involvement, Szabo credited
Assistant State Director John Burner for his never wavering efforts.
"John took this bill so personally and literally worked himself to the
ground to ensure passage," Szabo said. "Nothing feels better than
knowing you have made a difference for others."
Szabo was also quick to credit Alternate State Director Bob Guy.
"John Burner is so well established and has developed such a personal
report with the Representatives and Senators," Szabo said. "But on this
bill, Bob Guy so solidly established himself as a real player in the
State House"
"Teamwork brings victories," Szabo said. "And the teamwork of members
across the state – along with their UTU team in Springfield – achieved
this total victory."
-- FULL TEXT --
HB2449 Enrolled LRB094 06680 DRH 36774 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Railroad Employees Medical Treatment Act.
6 Section 5. Definitions. As used in this Act:
7 "Commission" means the Illinois Commerce Commission.
8 "Discipline" means to bring charges against in a
9 disciplinary proceeding, suspend, terminate, or make a note of
10 reprimand on an employee's record.
11 Section 10. Railroad employee access to first aid or
12 medical treatment.
13 (a) A railroad shall make a good faith effort to provide
14 prompt medical attention for a railroad employee who is injured
15 in the course of his or her employment.
16 (b) It is unlawful for a railroad or person employed by a
17 railroad to:
18 (1) deny, delay, or interfere with medical treatment or
19 first aid treatment to an employee of that railroad who has
20 been injured during employment; or
21 (2) discipline or threaten discipline to an employee of
22 a railroad who has been injured during employment for (i)
23 requesting medical or first aid treatment or (ii) following
24 the orders or treatment plan of his or her treating
25 physician.
26 (c) Nothing in this Section shall be construed to require a
27 railroad or railroad employee to perform first aid or medical
28 care.
29 (d) This Section does not prevent an employer from:
30 (1) noting in an employee's record that an injury
31 occurred; or
HB2449 Enrolled - 2 - LRB094 06680 DRH 36774 b
1 (2) offering light duty or an alternate work assignment
2 to an injured employee if the light duty or alternate work
3 assignment does not conflict with the orders or treatment
4 plan of the employee's treating physician.
5 (e) The Commission has exclusive jurisdiction to determine
6 violations of this Section. If, after a proper complaint and
7 hearing, the Commission determines that a violation has
8 occurred, the Commission shall impose, for each violation, a
9 penalty in an amount not exceeding $10,000. This penalty is the
10 exclusive remedy for any violation of this Section. The
11 Commission shall give priority to any complaint alleging a
12 violation of this Section and shall issue its decision as
13 promptly as possible.
If you ever have any questions regarding an injury, please contact
Hoey & Farina via phone at (888) 425-1212 or email at
info@hoeyfarina.com.
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