Straight Track #28 Railroad's Safety Equipment, Tools and Protective Clothing

Why Stiletto Heels
Should Not be Worn�
While Walking on Ballast

John Grob
Hoey & Farina Investigator
1-888-425-1212

Now that I have your attention, let's talk about the use of safety equipment, tools and protective clothing furnished by the railroad.

The railroads spend a lot of money and time every year on safety programs that are meant to supply you, the railroad worker, with the proper equipment, tools and training to do your job safely. It is extremely important that you understand that by not using the equipment provided to you, or by not using that equipment properly, if injured on the job, you have just created a potentially damaging problem by placing liability on yourself and away from the railroad. Under the FELA, unless the railroad is found liable for your injuries, you have no right to recovery monetarily from them.

Every railroad, including the short line railroads, have safety departments that purchase a vast list of equipment and tools to be used by their employees.

The safety equipment and tools provided for the safety of the railroad employees includes items such as safety goggles, ear plugs, hardhats, protective vests, boot wear, gloves, welding leathers, safety harnesses for those working above ground, to name just a few. These items are not part of some shopping list written by the CEO's wife, but is part of a well thought out, long term safety program put together by the railroads, usually with the assistance of safety and rail experts, to help their employees protect themselves while on the job. In most instances, however, it then becomes the employee's responsibility to not only use the equipment or tools provided, but to use them as they were designed. When the safety items are not used, or not used properly, and a railroad worker is injured, the railroad can then argue that the employee was contributorily negligent.

I have been guilty of doing just this very thing while I was a railroader. When I was working as an air-brakeman for one of the shop crafts, all the employees were issued safety glasses. We could choose between the dark-coated lenses that were like sunglasses, and the clear-coated lenses. It was everyone's preference to wear the dark- coated because we thought it looked cool and concealed our eyes. Every time I was working on a car and had to go underneath to work in an area that was confining and poorly lit I took off the dark-coated safety glasses. Luckily, I was never injured. However, had I injured my eyes, I would have contributed to my injury and leaving the railroad without liability.

As another example, how many times have you heard comments such as, "I'm not walking back to the truck again just to get that tool." The day when that comment is made and the employee later injures himself, because he didn�t use the right tool, is the day the employee places liability on himself and off of the railroad. Employees need to use the safety equipment and tools provided and to use them properly as they were designed, even when that means taking a little extra time to get the item(s).

The issue of liability doesn't stop with just the use of safety equipment and tools. Liability also extends to the general maintenance of the equipment by the employee solely in charge of it. It should also be noted that if the company fails to furnish the proper means or equipment to safely perform your job duties, it is still your responsibility to report the failings of the company to ensure safety for you and your co-employees. Remember that the company holds you accountable for actions that you take or don't take. You in turn should hold them responsible to up hold their own rules and policies. I am not suggesting you be insubordinate, but to use discretion and take into consideration that in the majority of cases you should put the problem in writing to best protect yourself. Also, consult with your union officer and / or have witnesses to verify your concerns.