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
Federal Rail Safety Act
A Look Back and Forward
By Charlie Goetsch on
Posted in Federal Rail Safety Act
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…
Groundbreaking Decision On FRSA Medical Interference
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
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?
By Charlie Goetsch on
Posted in Federal Rail Safety Act
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!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
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…
Why Railroad Managers Retaliate
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here’s an open secret: retaliation is the hallmark of an insecure manager who has no clue how to lead workers and who knows in his heart he is not qualified to be in a position of power.
Insecure rail managers perceive reports of safety concerns or injuries as a personal affront to their authority and…
Judge Rules FRSA Complaints Not Precluded By RLA Proceedings
By Charlie Goetsch on
Posted in Federal Rail Safety Act
The railroads obviously have gotten together and agreed to push the bogus argument that any involvement by an employee in the Railway Labor Act CBA grievance-discipline process automatically constitutes an "election of remedies" under Federal Rail Safety Act subsection (f) that precludes any FRSA complaint. It is a bogus argument because it completely ignores the effect…
Subcontracting Is No Escape From FELA and FRSA Liability
By Charlie Goetsch on
Posted in Federal Rail Safety Act, FELA Injuries
Rail union rep Joe Coleman from Seattle has a question about the FELA liability of railroads who contract out work. His General Foreman recently hired subcontractors to band freight car loads that had shifted due to broken banding, and when challenged tried to justify it by arguing that since the subcontractors are self-insured, the railroad…
OSHA HAMMERS METRO NORTH WITH $300,000 IN FRSA PUNITIVE DAMAGES!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Talk about sending a message! OSHA has blown the whistle on Metro North Railroad’s culture of retaliation. Big time. No longer do railroad workers have to fear reporting an injury or a safety violation. The days when railroad managers could retaliate with impunity are officially over. Every railroad in the country is now on notice…
FRA Bars Supervisors From Medical Exam Rooms
By Charlie Goetsch on
Posted in Federal Rail Safety Act, Railroad Injuries
The opportunities for railroad supervisors to harass injured workers just keeps getting smaller and smaller. The Federal Railroad Administration has now put a stop to the practice of railroad supervisors accompanying injured employees into medical exam rooms. The FRA issued a Notice of Interpretation declaring it to be a violation of federal regulations for a …