FELA and Workplace Safety Regulations
The United States government has put safety regulations in place for railroads through administrations and statutes passed by Congress. The Occupational Safety and Health Administration, also known as OSHA, has a number of safety regulations and minimum standard requirements for railroad services as well as the work done by railroad workers. In 1994, Congress voted for and passed the Federal Railroad Safety Authorization Act.
OSHA was created as part of the Occupational Safety and Health Act of 1970. This administration is part of the Department of Labor. Employers are required to:
- Provide a hazard free workplace
- Keep employees informed of all safety and health standards as set by OSHA
- Display the official OSHA poster where it can be easily found by employees
- Inform employees how to access their medical records
- Establish a system to keep a hazard free workplace and a way for employees to communicate any hazards they may discover as part of their jobs.
The Federal Railroad Safety Authorization Act of 1994 combined several laws into one new law with new safety standards. The laws that were combined are the Boiler Inspection Act (also known as the Railroad Inspection Act), the Hours of Service Act, the Safety Appliance Act, and the Railroad Safety Act of 1970.
All railroad cars and locomotives must be equipped with the following safety equipment:
- Efficient hand braking systems
- Automatic couplers
- Safe sill steps
- Drawbars installed at the specified standard height
- Proper holds at the top of ladders for workers to grasp onto (only if a ladder is required)
- Proper ladders and running boards (determined by the Secretary of Transportation)
- Sufficient number of power brakes
Under FELA, a railroad worker must prove that the railroad service is liable for his/her injuries. Any violation of the Occupational Safety and Health Act of 1970 or the Federal Railroad Safety Authorization Act of 1994 by the railroad service will contribute to negligence on the part of the railroad service.
This article has been provided by FELA attorneys:
Doran & Murphy, LLP
1234 Delaware Avenue
Buffalo, NY
800.374.2144
