Kelly Heim v. BNSF Railway Company

MELLOY, Circuit Judge.

Kelly Heim, a track worker for BNSF Railway Company (“BNSF”), was seriously injured when a rail rolled onto his foot. BNSF disciplined Heim for alleged violations of BNSF rules that led to this injury. Heim sued, claiming BNSF’s discipline violated the employee-protections provision of the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20109(a)(4). The district court 1 granted summary judgment for BNSF, and we now affirm.

I

On the day of his injury, Heim was working as part of a section gang near Douglas, Wyoming. The section gang was responsible for replacing worn…