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Straight
Track #76
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On Hazards
J. Dillon Hoey
Hoey & Farina Partner
1-888-425-1212
An encouraging item appeared in August 2001 FELA Reporter. Those formal complaints that have been repeatedly filed with OSHA and the FRA concerning safety hazards are starting to have a cumulative affect:
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OSHA Alleges 48 Safety Infractions at Bangor and Aroostook Railroad -
Similar Hazards Found in 1998.
The Federal Occupations Safety and Health Administration (OSHA) has fined Bangor and Aroostook Railroad Co. $133,000 for 48 alleged safety violations. OSHA discovered the violations at the railroad's Derby, Maine maintenance facility. The agency initiated the July 11, 2000, investigation after receiving a formal complaint from employees at the facility, OSHA officials report.
Among the violations were 32 that OSHA described as "serious" - meaning they posed a threat of serious physical harm or fatal injury. OSHA also cited the railroad for three other repeat violations for infractions that are "substantially similar" to ones cited in previous inspections. The litany of alleged serious violation, which accounts for $95,000 in fines, include:
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Unguarded and inadequately guarded moving machine parts, such as shafts, pulleys, radical arm saw blades, and bandsaw drive wheels, spindles and nuts.
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LPG tanks unprotected from vehicular traffic and stored near flammable material such as dry leaves and trees.
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Combustible materials left unprotected during welding operations.
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Overhead cranes not equipped with a warning alarm or rail sweeps.
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Welded lifting rings left untested, a lifting ring stretched more than thirty percent wider than its original opening, and chain slings that lack lifting capacity markings.
Among the alleged repeat violations, which account for $44,500 in fines were: bench grinders without guards, forklifts modified without approval from the manufacturer, and wet floors. OSHA cited similar hazards during a November 1998 inspection of the Derby shop and a May 2000 inspection of Bangor and Aroostook's Northern Main Junction facility.
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It is worthwhile to remember that every written complaint to the railroad concerning a safety hazard whether or not it turns into a formal complaint to OSHA or the FRA is actual notice to the railroad of that unsafe condition.
What that means to a railroader who is injured as a result of that condition is that the requirement that the injured railroad prove that the railroad either knew or should have known about the condition is fulfilled. This is especially helpful in slip, trip and fall down cases where the existence of tripping hazards has been documented.
For you convenience, please find a
link to our Unsafe Condition / Defective Equipment Report which you can use to report to the railroad and/ or the FRA and
OSHA, an unsafe condition.
If you have any questions, please email us at
info@felahfd.com or call us at 1-888-425-1212.
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