U.S. Supreme Court FELA Oral Argument

Posted on March 28, 2011 by Charlie Goetsch

The Federal Employers Liability Act is the law that protects rail workers who are injured or killed on the job. The most important FELA case to reach the United States Supreme Court in the last 50 years was argued this morning. At stake is whether the FELA's long recognized standard of relaxed causation---namely, that a railroad is liable for an employee's injury or death if it "results in whole or part, even to the slightest degree," from the negligence of the railroad---was going to be overturned and replaced with a higher hurdle more difficult for employees to clear.

Arguing on behalf of all railroad employees was David C. Frederick, a veteran Supreme Court advocate who did an excellent job explaining why the relaxed standard must remain in place. If you have never been to a Supreme Court oral argument, the transcript of this morning's argument is well worth reading to get a flavor of how our nation's highest court deals with issues that affect the entire country. For the transcript of CSX Transp., Inc. v. McBride, click here. A decision will be handed down by June, so stay tuned.

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FRSA Applies To Intrastate Commuter Railroads

Posted on March 1, 2011 by Charlie Goetsch

After a supervisor for the Utah Transit Authority was fired for raising safety concerns, OSHA's Whistleblower Office ordered him reinstated with over $150,000 in make whole economic damages.  In refusing to dismiss that case, an ALJ has ruled that the FRSA  protects any employee who raises safety concerns, even supervisors on an intrastate commuter railroad not yet open to the public:

Congress recognized that in order to improve safety and security on the railroads, railroad employees play a key role and are to be encouraged to raise safety or security issues with supervisors and/or government officials, so the issues can be addressed, without fear of reprisal for doing so. . . .

The potential safety or security issues railroad employees are exposed to are the same, whether the commuter railroad operates wholly intrastate or crosses state borders. . . . Congress did not intend to protect some commuter railroad employees who raise safety or security concerns but not others.

Amen. For OSHA's Merit Finding, click here.  For the ALJ's full opinion, click here. For the full FRSA Library, click here.

 

 

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