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FRSA Medical Treatment Provision Cases Part II
January 2nd, 2018
In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee. Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Administ…
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Update: FRSA Medical Treatment Provision Cases
March 17th, 2017
In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course of…
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Can the Railroad Discriminate Based on Obesity?
March 16th, 2017
This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight. The issue was recently presented to me when a railroad signal employee was removed from his assignment…
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Investigative Reporter Details Dangers of Shipping Crude Oil by Rail
July 14th, 2015
A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures. Most of the re…
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When is the Release of an FELA claim Enforceable?
May 14th, 2015
When a railroad employee settles an injury claim brought pursuant to the Federal Employers’ Liability Act (FELA) with a railroad, the railroad will always require the employee to sign a Release before the settlement is paid. A Release is a writ…
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Major Dispute - Wheeling & Lake Erie Railway Violates Crew Consist Agreement
April 23rd, 2015
The Sixth Circuit Court of Appeals this week overturned a district court’s granting of a preliminary injunction barring the Brotherhood of Locomotive Engineers and Trainmen (BLET) from engaging in a strike against the Wheeling & Lake Erie R…
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Third Party Negligence Under the FELA
March 23rd, 2015
Consider a case in which a railroad employee, as a part of his job, is required to enter the property of a customer of the railroad. While performing his job duties, the employee is injured because a walkway on the customer’s property is not ma…
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Federal Court of Appeals limits FRSA Medical Treatment Provision
March 14th, 2015
The Third Circuit Court of Appeals held recently that the provision of the Federal Rail Safety Act (FRSA) prohibiting railroads from disciplining employees “for following orders or a treatment plan of a treating physician” applies only to…
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Rail Workers at Long Island Railroad Set to Strike
February 6th, 2014
In a contract dispute that has been ongoing since 2010, rail workers have threatened to go on strike as early as next month after a refusal by the Long Island Railroad (LIRR) to implement wage increases recommended by a Presidential Emergency Board (…
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FRSA Complaints Can Be Filed Online With OSHA
January 30th, 2014
Last month, the Department of Labor announced that retaliation complaints, including those brought pursuant to the Federal Rail Safety Act (FRSA), can be filed online at the DOL website. This seemingly minor announcement is actually very important. S…
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Categories: Rail Law Blog