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The Straight Track Index 2002:
A chronological index of the Hoey & Farina
Newsletter for Railroaders To find
articles:
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STRAIGHT TRACK#138
New Study Reveals Risks from Harmful Vibrations For Engineers
An important new first of its kind study has concluded that current locomotive cab seats appear inadequate to reduce the potentially harmful vibrations and shocks conveyed to the seated operator. The study potentially could represent a major step forward toward recognizing a link between whole-body vibration and cumulative trauma disorders suffered by railroaders.
STRAIGHT TRACK#137
BNSF Opens Chicago ‘Logistics Park’ To Consolidate Intermodal Operations
BNSF opened a 681-acre multi-modal freight facility outside of Chicago, which the railroad predicts will become an industry
model.
STRAIGHT TRACK#136
Terrorism Indicators For Railroaders
A checklist of “Indicators of Terrorism” from the Assoc. of American Railroads specifically drawn up for railroaders working a
job.
STRAIGHT TRACK#135
Intermodal Set To Be Railroads’ Biggest Revenue Growth
Intermodal freight is on course to overtake coal as the railroad industry’s biggest revenue source sometime next year, according to a new
report.
STRAIGHT TRACK#134
FRA To Railroads: Stop Harassing Railroaders
The FRA has issued a warning to railroads to stop harassment of injured railroad workers. A bonus article details how the federal government is overlooking security concerns facing the railroad industry.
STRAIGHT TRACK#133
Norfolk Southern Railway “Impeached” By Felony Conviction
When Railroaders sue their employers for injuries, defense attorneys often check for criminal convictions that can be used to attack (or, as lawyers say, “impeach”) the credibility of the Plaintiff. But does this work the other way around? In other words, can you impeach a Railroad with evidence that it was convicted of a
felony?
STRAIGHT TRACK#132
The ADA & Seniority Rights
This article provides some insight into the Americans With Disability Act (ADA) and its applicability to a railroader in the workplace.
STRAIGHT TRACK#131
Traumatic Brain Injury: Not A Simple Diagnosis
A traumatic brain injury (“TBI”) can have serious long-term effects that interfere with a railroader’s job and daily life. A railroader does not need to hit his head on an object to injure his brain. Sudden and violent head movement may also produce brain
injury.
Straight Track Extra: Checklist for Traumatic Brain Injury
STRAIGHT TRACK#130
Creating The Paper Trail
"Memorializing the conversation" is a lawyer's way of saying "covering your backside". Regardless of what it is called, it is crucial to document your conversations with the railroad -- from supervisors to company doctors to claim agents.
STRAIGHT TRACK#129
Trouble in Paradise
Hawaiian airline accused of violating the Railway Labor Act by hacking into union activist’s password-protected
website.
STRAIGHT TRACK#128
Your Right & Responsibility To Help!
A landmark 1964 decision by the U.S. Supreme Court gave every union member the right and duty to recommend Designated Legal Counsel to fellow members. This right helps to provide the best of legal services to your fellow railroaders.
STRAIGHT TRACK#127
Heat Order After Amtrak Derailment
Slows Rail Service On CSX Tracks
U.S. Rail News, in Vol. 25 No. 17, published August 14, 2002, reported on a new heat order for passenger and freight trains issued by CSX Transportation, as well as the review being conducted by CSX of its track inspection policy.
STRAIGHT TRACK#126
Best Practices For Reducing Injuries
A portion of the July 2001 Federal Railroad Administration's publication, "An Examination of Railroad Yard Worker Safety", which focuses on best practices for reducing injuries and improving safety on the rails.
STRAIGHT TRACK#124 & #125
Smile! You're On Candid Camera Part I |
Part II
Railroads often decide to hire private investigators to conduct daily surveillance at regular intervals over a period of a few weeks or even a few years. But when is this video evidence admissible? And what can you do to protect yourself?
STRAIGHT TRACK#123
New NTSB Tank Car Loading Regulations
U.S. Rail News, in Vol. 25 No. 14 published July 17, 2002, wrote an article about new regulations from the NTSB released in the wake of the 2001 toxic chemical spill at a Michigan rail yard that killed three workers.
STRAIGHT TRACK#122
What Every Union Officer Should Know
The the first line of help in the event of an injury is the information and protection provided by your union officer. This article addresses what an officer should be prepared to do or say if one of his members has been hurt on the job.
STRAIGHT TRACK#121
Illinois Adopts Strategy for Enforcing Crew-Van Safety Law
Railroad crew members in Illinois who suspect mechanical or driver problems with the vans that shuttle them between layover points and their trains now have a standard procedure for obtaining a remedy.
STRAIGHT TRACK#120
Don't Get Railroaded: Informational Video For Railroaders
We are very happy to announce the release of our new free informational video for railroaders and their families. The video is intended as a way to better address the questions and concerns about what railroaders should do if they sustain an on-the-job injury.
STRAIGHT TRACK#119
The 4th of July
We're taking a little time away from writing about the FELA and other railroad related issues to reflect on the founding of our country and another year of freedom.
STRAIGHT TRACK#118
Railroad Safety Reform Act of 2002
An important bill -- H.R.4761 -- sponsored by Minnesota Rep. James L. Oberstar, was introduced on May 16, 2002. The bill has been referred to the House subcommittee on Transportation and Infrastructure, which referred it to the Subcommittee on Railroads. The bill proposes to reform the safety practices of the railroad industry to prevent railroad fatalities, injuries, and hazardous materials releases. The text of the bill is reprinted here.
STRAIGHT TRACK#117
Victory At Last
The is the third a series of articles documenting a three-and-a-half year battle waged by Hoey, Farina & Downes on behalf of Frederick Tyrrell against NS Railway. The history of the case demonstrates the rollercoaster ride which railroads can put the injured employees through. More importantly, this case shows the final, joyful result which determined legal representation can bring.
STRAIGHT TRACK#115 & #116
The Fear Factor
A railroader called our office the other day to ask what he should do to protect himself after being injured. That’s when he dropped the bomb -- “I didn’t fill one out,” he told
H&F Chief Investigator Gary Babiarz. “I was scared to report it. I didn’t want to get harassed.” Big
Mistake.
The Fear Factor II: Think Twice About Toughening It Out
H&F Investigator John Grob says working through an injury won't prove anything to anybody -- in fact it could cause more injury and allow the railroad to fire you for simply doing your job.
STRAIGHT TRACK#114
NTSB Blames Coal Train Derailment On Dynamic
Brakes
U.S. Rail News, in Vol. 25 No. 11 published May 22, 2002, recounted a recent NTSB report on the government agency’s recommendations for calculating speed limits on steep
grades.
STRAIGHT TRACK#113
Post Accident Alcohol & Drug Testing
Federal Railroad Administration (FRA) policy regarding post-accident railroader alcohol and drug testing, including overview and Q&A section.
Straight Track Feedback: After reading Straight Track 113th Edition,
Ray Lineweber of the UTU Nebraska State Legislative Board responds to the
FRA.
STRAIGHT TRACK#112
Traumatic Experiences Can Have
Long Lasting Effects On Mental Health
A life threatening accident can have a seriously debilitating effect on the way a railroader functions in nearly every aspect of life.
STRAIGHT TRACK#111
BLE Files Suit Against Federal Agencies
That Would Slow Use Of Remote Control
A new lawsuit against railroads for the use of remote control systems. As a result of every railroader's interest in this issue, we are sharing with you both articles in their entirety.
STRAIGHT TRACK#110
Seniority Upheld Against Disability Rights
The Supreme Court ruled in an important disability rights case that an employer is not ordinarily required to distort a valid seniority system in order to accommodate the need of a disabled worker for a transfer to another job.
STRAIGHT TRACK#109
Illinois Concerned About Track Welds
Along First High-Speed Rail Corridor
Regulators in Illinois are raising alarms about the state's plans to build a high-speed rail corridor.
STRAIGHT TRACK#108
Honoring The Father, The Man & The Job
Chicago Sun Times columnists Mike Brown wrote a column this past week where he reminisce about his dad's life on the rails.
STRAIGHT TRACK#107
The Online Forms Shanty
The Forms Shanty is a collection of documents, including 21 job descriptions and other forms, that may help railroads with the difficult process of managing an on-the-job injury. All forms and documents are free to access and download.
STRAIGHT TRACK#106
Are Federal Appellate Judges Biased Against Plaintiffs?
Statistics show that Federal Appellate Court judges affirm in 80% of the cases, which would be okay if these numbers applied equally to plaintiffs and defendants. A disturbing new study of statistics by two law school professors reveals evidence that Federal Appellate Court cases more often are resolved against plaintiffs.
STRAIGHT TRACK#105
Railroads or Employees May Pay Cost For New Transportation Security Card
Railroads or their employees probably will be forced to pay for new security identification cards planned by the Transportation Department later this year for all transportation workers, according to a witness at a recent congressional hearing.
STRAIGHT TRACK#104
What Happens If The Railroad's
Outside Contractor Creams Me?
More and more, railroads are outsourcing work that railroad employees previously performed. More and more, railroaders are being injured as a result of the negligence of these outside contractors. Special rules apply when an outside contractor injures a railroad employee.
STRAIGHT TRACK#103
Big Win For Plaintiffs On Where Lawsuits Will Be Tried
Injured Plaintiffs just got a big win from the Illinois Supreme Court on where their cases will be tried.
STRAIGHT TRACK#102
How The New Law Affects RRB and Financing
A leaflet from the Railroad Retirement Board addressing the changes in benefits in "The Railroad Retirement And Survivors' Improvement Act of 2001".
STRAIGHT TRACK#101
Making A Difference Together: $50,000 Target Reached
We are happy to report that our matching fund drive was a rousing success thanks to all our participating clients and friends. The goal for this drive was to match dollar-for-dollar the charitable donations of our clients, friends as well as from our
H&F office family.
STRAIGHT TRACK#100
Amtrak On The Edge
The possible breakup of Amtrak prompted a labor union lawsuit last week and reports that major freight railroads are thinking about getting into the passenger rail business, U.S. Rail News reported in its Jan. 30 edition.
STRAIGHT TRACK#99
Remote Control
As a result of every railroader's interest in the subject, we thought to share two articles from the Jan. 30, 2002, U.S. Rail News on the subject of remote control in the
railyard.
STRAIGHT TRACK#98
Cleaning Up The Confusion Over Cholesterol
Several articles in the December publication of the Pritikin Longevity Center we thought would interest our readership. With a nod to the graying of the work force in the railroad industry, this article concerns the health risks surrounding cholesterol levels, which are a major concern to many railroaders and their families.
STRAIGHT TRACK#97
Medical Examinations & Occupational Disability
You have worked for the railroad for many years. Unfortunately, you are injured at work to the extent that your doctors tell you that you will be unable to return to work. After you have collected U.S. Railroad Retirement Board (“RRB”) sickness benefits for five months, what are your next options since you are not returning to
work?
STRAIGHT TRACK#96
Supreme Court Raises Bar For Disabled
Ella Williams, like many workers who perform stressful repetitive tasks, developed bilateral carpal tunnel syndrome and tendonitis in the course of her employment. Unlike the vast majority of injured workers, however, her name will be preserved in legal history stemming from January 8, 2002, decision of the Supreme Court, which is perhaps the most significant decision interpreting our rights under the Americans with Disabilities Act.
If you have any questions regarding a FELA personal injury matter, please
email us or phone our office toll free at (888) 425-1212. Your questions will be promptly answered with no obligation on your part.
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