OSHA and Railroad Workplace Safety

Railroad work can be challenging and hazardous. Laws and regulations exist to help protect railroad workers from workplace injuries. They help ensure they receive proper compensation if they get injured. Understanding workers' compensation and railroad-specific safety laws is crucial for any railroad worker. This guide provides an easy-to-understand overview of these protections. It specifically focuses on the unique needs and rights of railroad workers.

You may want to prove that a railroad company or employer is responsible for your injury. One way to do this is to prove they violated a federal workplace safety regulation, and, as a result, it led to your injury. The Occupational Safety and Health Administration (OSHA) sets standards and regulations. They apply to work done by railroad employees. So, it's helpful to know your rights as a railroad employee under OSHA. You should also know about other federal laws, which are discussed in this section.

Read on to learn more about workers' compensation concerning railroad workers.

• How does workers' compensation help railroad workers?
• How does OSHA protect railroad workers?
• What are employees' rights under OSHA?
• What are employers' obligations under OSHA?
• What happens during OSHA inspections?
• How does the Federal Employers' Liability Act help railroad workers?
• What is the Federal Railroad Safety Act?

How does workers' compensation help railroad workers?

Workers' compensation is insurance for those who are injured during the course of employment. This includes railroad workers. Imagine if a railroad worker gets into an accident at work while performing their duties. Workers' compensation can help pay for medical bills after such accidents.

Employees are entitled to these benefits regardless of who was at fault for the accident. The injured worker will receive financial help. They must follow the workers' compensation laws in their state. Each state has its own workers' compensation acts.

If you're a railroad worker who gets injured on the job, it's crucial to report your work injury promptly. The injury reports you file could greatly help with any future workers' compensation claims you need to make.

How does OSHA protect railroad workers?

The Occupational Safety and Health Act is a critical piece of legislation. It helps protect workers, including those working on railroads. The Act created the Occupational Safety and Health Administration (OSHA), which is overseen by the U.S. Department of Labor. OSHA creates safety rules to ensure that working conditions aren't dangerous. If a railroad worker identifies any unsafe work conditions, they can report these concerns to an OSHA office.

OSHA has a special program for the protection of workers who flag safety issues. It's called the Whistleblower Protection Program. It enforces federal laws that keep employers from retaliating against employees who make reports regarding safety or hazardous conditions. For railroad workers, this means that you're legally protected if you report unsafe conditions.

In other words, your employer can't take adverse actions against you. They can't enforce disciplinary actions against you for reporting these safety concerns. For more information on OSHA, see FindLaw's OSHA Questions and Answers page.

What are employees' rights under OSHA?

Every railroad worker has the right to a safe and healthy workplace. This right is guaranteed under OSHA. Employees have the right to training about railroad hazards. They're also entitled to know the methods to prevent harm. You should know about the OSHA standards that apply to your workplace.

OSHA gives employees many rights and responsibilities, including the right to:

• Review copies of appropriate standards, rules, regulations, and requirements of the employer
• Have access to their own exposure and medical records
• Request the OSHA area director to inspect if they believe hazardous conditions or violations of standards exist in the workplace
• Have an authorized employee representative accompany the OSHA compliance officer during the inspection tour
• Have their names withheld from their employer upon request to OSHA if they sign and file a written complaint
• Be free of any discriminatory or retaliatory action taken by their employer as a result of any OSHA complaint

Railroad workers are also responsible for following safety rules at their workplace. They should use the safety equipment provided and take an active role in creating a safe working environment.

What are employers' obligations under OSHA?

Among the obligations imposed under OSHA, employers have a duty to:

• Provide work and a workplace free from recognized hazards
• Inform employees of OSHA safety and health standards that apply to their workplace
• Display in a prominent place the official OSHA poster that describes rights and responsibilities under the OSH Act
• Establish a written, comprehensive hazard communication program that includes provisions for such things as container labeling, material safety data sheets, and an employee training program
• Inform employees of the existence, location, and availability of their medical and exposure records when employees first begin employment and at least annually thereafter, and provide these records upon request

If there are unsafe conditions or a violation of OSHA standards, workers have the right to speak up. Railroad workers can request an OSHA inspection.

What happens during OSHA inspections?

If a hazard is not corrected, an employee should contact an OSHA area or state office via a written complaint. If the OSHA or state office determines that there are reasonable grounds for believing a violation or danger exists, the office will conduct an inspection. A workers' representative has a right to accompany an OSHA compliance officer during the inspection.

The representative must be chosen by the union (if there is one) or by the employees. Under no circumstances may the employer choose the workers' representative. The inspector may conduct a comprehensive inspection of the entire workplace. Or they may conduct a partial inspection limited to certain areas or aspects of the operation.

At the end of the inspection, the OSHA inspector will meet with the employer and the employee representatives to discuss the abatement of any hazards that may have been found.

How does the Federal Employers' Liability Act help railroad workers?

The Federal Employers' Liability Act (FELA) is another important law for railroad workers. FELA differs from standard workers' compensation laws. It was specifically designed for people working on railroads. If a railroad worker gets hurt on the job, FELA can step in to help. This law helps cover the costs of medical treatment, lost wages, out-of-pocket expenses, pain and suffering, etc., for injured railroad workers. But unlike workers' compensation, FELA requires the worker to prove the railroad was at least partially at fault for the injury.

Railroad workers must report any workplace injuries as soon as they happen. An injury report is often needed when making FELA claims. If the workers can show that the railroad didn't follow safety rules or allowed unsafe working conditions, they might be able to get help under FELA.

Sometimes, FELA claims can be complicated. This is where law offices can be helpful. A lawyer who knows about FELA can help an injured railroad worker understand their rights. They can help them get the help they need.

What is the Federal Railroad Safety Act?

Railroad workers can face different dangers compared to other workers. That's why there are special laws to protect them. The Federal Railroad Safety Act, or FRSA, is one of those laws. FRSA and FELA are both important laws, but they serve different purposes.

FELA helps injured railroad workers who get hurt on the job by allowing them to seek compensation. It's focused on injuries and accidents and requires proving the railroad's negligence. FRSA, on the other hand, is more about protecting railroad workers who report safety violations, hazards, and their own injuries. It's essentially a whistleblower protection law.

Railroad workers who report safety problems are doing a protected activity. This means employers can't take adverse actions against them. For example, they can't be fired or disciplined for reporting injuries or unsafe conditions. This makes it safer for workers to report problems and help keep everyone safe.

Get Your Case Evaluated by an Attorney

If you've been injured in a workplace accident, your first move should be to get medical attention. After that, you may want to consult an experienced attorney. They can help ensure your rights are protected.

You must meet with an attorney before any type of hearing regarding safety and liability issues arising from the incident, as these proceedings can seriously affect your case.