For those of you interested in the Federal Rail Administration’s Final Rule on the use of cell phones and other electronic devices, here it is. The Rule is that railroad operating employees can "not use an electronic device if that use would interfere with the employee’s or another railroad operating employee’s performance of safety-related
September 2010
The Scope of FRSA Medical Treatment Prohibitions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Federal Rail Safety Act Section 20109(c)(1) prohibits railroads from "deny[ing], delay[ing] or interfer[ing] with the medical or first aid treatment of an employee who is injured during the course of employment." In the first case to interpret the meaning of (c)(1), OSHA took the position the scope of that prohibition goes beyond initial medical treatment.
Federal Rail Safety Act Is Not Precluded By Railway Labor Act
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Another Judge has ruled that the Railway Labor Act does not preclude Federal Rail Safety Act actions. To quote from the second post-trial ALJ FRSA decision to be handed down:
The reach of the RLA is limited to disputes involving the interpretation or application of existing labor agreements. It does not address allegations or
…
FRSA Alert! DOL Issues Major New FRSA Regulations
By Charlie Goetsch on
Posted in Federal Rail Safety Act
As of August 31, 2010, the Federal Rail Safety Act has its own set of regulations setting forth the requirements and procedures for every aspect of FRSA litigation, including the filing of complaints, OSHA investigations, appeals to ALJ de novo hearings, review by the ARB, and optional federal court jury trials. You can access the…