Every railroad will tell you its goal is "to provide safe trains that arrive on time." But when safety falls short of the slogan, often it is passengers who pay the price. The latest example comes from New Jersey Transit, where a passenger was dragged to death when train doors malfunctioned. But the law
Charlie Goetsch
FRA Requires Stronger Rail Cars
Starting in March, commuter rail cars must be built with stronger front-end frames to better protect passengers during collisions. click here This is good news, but underscores the importance of avoiding collisions in the first place. How? Rail workers are the eyes and ears of safety on the tracks. If they hestitate to raise…
A Look Back and Forward
Here’s a quick look back at some of this year’s notable developments in the rail safety world:
March: FRA bans railroad supervisors from medical examining rooms: click here
June: OSHA’s Whistleblower Office issues $300,000 in punitive damages against Metro North Railroad for violations of the Federal Rail Safety Act FRSA, setting important precedent: click here…
New Law Protects Subway Workers From Whistleblower Retaliation
In response to last summer’s fatal Metro subway crash in Washington DC, Congress now is proposing to extend federal rail safety standards to subway and light-rail lines currently “regulated” by understaffed local safety personnel wielding toothless rules. See NY Times Editorial. This would be a great step forward in ensuring the safety of the…
How To Deal With Railroad Claim Agents
Joe Coleman from Seattle asks whether union reps can be present when a worker gives a statement to a railroad claims agent. The real question is, why would a railroad worker NOT have his union rep present?
No way can there be ever be a level playing field between a claim agent and an injured…
Groundbreaking Decision On FRSA Medical Interference
Railroad Medical Departments, beware, you can no longer interfere with an injured employee’s medical treatment. Subsection (c) of the Federal Rail Safety Act prohibits a railroad from denying, delaying, or interfering with the medical treatment of an injured employee. The FRSA also prohibits a railroad from disciplining an employee for following the orders or…
When Is A Railroad Worker On Duty?
FRSA, FELA, “Federal Employers Liability Act”, “FELA attorney”, “FRSA attorney”…
Continue Reading When Is A Railroad Worker On Duty?
Judge Rules ALL Railroads Subject to FRSA Punitive Damages!
Metro North Railroad’s attempt to exempt itself from punitive damages under the Federal Rail Safety Act has failed. In a case of first impression, an ALJ has just ruled that ALL railroads–including publicly owned commuter railroads–are subject to the FRSA’s punitive damage remedy. Plus, the ALJ is requiring Metro North Railroad to go through the…
The Fatal Consequences of Railroad Retaliation
Here’s a true story that should give any railroad supervisor pause. The fact is, you never know where an act of retaliation will lead. After you commit an act of retaliation, you simply can not control how it reverberates in people’s lives. And while all retaliation hurts, it can kill as well. It’s like a…
Metro North Railroad and LIRR Beware!
The civil penalties for discrimination just got steeper and more painful for Metro North Railroad and Long Island Railroad. Metro North and LIRR now are subject to new penalties of up to $100,000 for violations of New York State’s Human Rights Law. N.Y. Exec. Law Section 290 et seq.
New York’s law prohibits discrimination…