Burlington Northern Santa Fe (BNSF) Railway has been told by the Occupational Safety and Health Administration (OSHA) to reinstate two Montana and Wyoming workers with back pay. BNSF runs more than 1,000 trains daily across one of the largest freight rail networks in North America, which spans 32,000 miles through 22 western states and two Canadian provinces. The workers in question were represented by a FELA personal injury attorney in an emergency investigation. OSHA said that the employees were fired illegally after claiming to have hurt their backs on the job. This was in violation of the Federal Railroad Safety Act. OSHA decided on May 19 that BNSF violated the whistleblower portions of the Federal Railroad Safety Act after it fired one employee in Havre, Montana, during 2011 and another worker in Greybull, Wyoming, in 2010. The dismissals occurred within weeks of the employee's reporting of their work-related injuries. A railroad injury attorney was able to get the men some $6,000 in damages plus back pay and interest, which OSHA estimated would mount up to a total of $526,000. OSHA stated that the employee from Wyoming was dismissed within a month of reporting his back injury. BNFS, which is based in Fort Worth, Texas, is planning to appeal the decision to an administrative judge. In a statement released on May 19, BNSF claimed that the allegations were false and that evidence will show that BNSF acted properly and was in full compliance with the law. They further stated that the Wyoming employee did not report the injury in a timely manner and provided false information on the injury reporting form. OSHA, however, said the man estimated the date of the injury because he did not have his medical records with him when he filled out the reporting form on February 22, 2010. BNSF said the employee, who was not identified by name, had called in sick on the day he claimed to have been injured. He was subsequently fired on March 23, 2010. OSHA decided that there was insufficient evidence to prove that the employee deliberately falsified his reporting form. Additionally, his job would not have been in jeopardy had he chosen to not report the injury. The Havre, Montana, employee reported his work-related injury on October 13, 2011, within 30 hours after it occurred. He admitted to complaining two days before sustaining the injury when a technical director told him to pick up a hose in a storage compartment. On October 18, 2011, the worker was given a notice of the investigative hearing for his run-in with the director during the previous week. On November 16, 2011, he received a 30-day record suspension, which did not result in lost pay or work time. He later agreed to a 30-day record suspension on December 2011 for being late in filing the FELA railroad accident injury report. When he received his second 30-day suspension in December 2011, he was dismissed. OSHA decided that was because it was his second suspension in a two-year period. OSHA further commented that the employee would not have been on probation had he not reported his injury a mere 30 hours after it happened. Without the October 11 suspension, he would not have been eligible for firing. OSHA said that BNSF had not given clear and convincing evidence that the complainant would have been fired simply for the October 11, 2011, incident. Then, OSHA told BNSF that it had to give all its employees at the Greybull, Wyoming, and Havre, Montana, facilities a copy of the Federal Railroad Safety Act Fact Sheet, which would inform them of their rights. BNSF was also told to post FRSA notices at both sites.