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Straight
Track #30
| Working For The Railroad Off The Property George
Brugess
Hoey & Farina Attorney
1-888-425-1212 The company is required
to provide safe working conditions even when you work off railroad
property. Early on it was
recognized that railroading is a dangerous occupation.
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It is also undisputed that railroad companies generate enormous
profit. Therefore, Congress
and the Courts have put the cost of the eyes, arms, backs and lives of
railroad employees on the railroad.
In
this light, early in the 1900’s, Congress enacted several statutes to
protect railroad employees from the dangers of the workplace, including
the Federal Employers’ Liability Act (FELA), Safety Appliance Act (SAA)
and Boiler Inspection Act (BIA). However, Congress is not the only source of laws designed for
the protection of railroad employees.
The Federal Railroad Administration (FRA) issues regulations
binding on the railroads, as does Occupational Safety and Health
Association (OSHA). FRA
regulations include Track Safety Standards, Railroad Workplace Safety
Rules, Railroad Locomotive Safety Standards, Railroad Freight Car Safety
Standards, Railroad Safety Appliance Standards and Railroad Operating
Practices Rules. Clearly, these all apply to railroad work.
OSHA regulations are not
as clearly applicable to railroad work.
The FRA has exclusive authority over railroad operating practices
and environment. If a condition does not involve operation or equipment and
there is an OSHA regulation on point, it probably applies.
When in doubt over
whether an FRA or OSHA regulation applies, list all of them in your
complaint anyway just to be on the safe side.
Another very important
consideration for those workers injured while on non- railroad property
is the statute of limitations. This
rule provides the time an injured employee has to file a claim after the
date of his injury.
The FELA has national
application and generally provides that an employee must file a suit in a
competent court within three years of being injured.
A railroad employee
injured on property not owned by his employer may have a claim against
the owner of the property in addition to his FELA claim.
However, the law of the state where the injury occurred, generally
governs such a claim. Illinois
has a general two-year limitation period for personal injury claims.
The laws of the states vary and may vary whether the claim is for
injury or death. Some state
wrongful death statutes have a one-year limitations period.
The point is that an
injured employee should seek legal counsel sooner rather than later.
One of the most fertile,
but least publicized, sources for laws designed to protect railroad
employees is law made by judges deciding cases - caselaw.
Judges interpret the FELA and other safety laws in applying the
law to the facts of the cases they hear.
In the many rulings that Judges have made deciding cases brought
under the FELA, a number of specific requirements have been placed on the
company for the benefit of the working railroad employee.
One of the most important
is the requirement that the company provide a reasonably safe place for
its employees to perform their duties, even when an employee is required
to work on property not owned, managed nor maintained by the railroad.
The company’s duty is to inspect any area where it assigns its
employees to work, to provide for the correction of any unsafe conditions
and not to permit employees access to unsafe offsite work areas.
Often section crews will
be asked to perform work on a spur track belonging to an industry or to
work on track owned by another railroad.
Train crews operate over other railroad’s lines and perform
switching at industries. Carmen
are sent to customer shipping facilities to make car inspections or to do
repairs. These are some
examples of railroaders doing their jobs while on non-railroad property.
Under all of these scenarios, courts have imposed a duty on the
railroad to make the offsite workplace reasonably safe for railroad
employees.
Notwithstanding the
company’s duty to provide a safe offsite workplace, some courts have
ruled that the railroad must have knowledge of the unsafe condition
before it can be held liable. In
many cases, this same rule applies to on site dangerous conditions of the
workplace. Therefore, it is
very important to report any unsafe conditions you observe whether on or
off railroad property. Make
your complaint in writing, keep a copy for yourself and send a copy to
your local union officer. You
can print a copy of the Unsafe
Condition/Defective Equipment Report or call our office at
(888) 425-1212 and requesting a report be mailed to you. We all know that
the company will disavow knowledge of unsafe working conditions when it
is to its financial advantage. However, when faced with prior written complaints of an
unsafe condition, the railroad becomes much more amicable in dealing with
its injured employees.
Protect yourself and your
fellow workers by immediately reporting any unsafe condition verbally and
in writing, whether on or off railroad property.
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