FELA Lawsuit

The Brotherhood of Locomotive Engineers and Trainmen responded on September 28 to the Federal Railroad Administration’s request for comments on its proposal for new locomotive structural strength standards. The proposal would add the deformation and energy absorption requirements of the revised American Public Transportation Association standards for the front end of cab cars and multiple unit locomotives. The new rule would, among other things, require forward corner posts to withstand 300,000 pounds of force before failing. If enacted, the rule would have important safety implications and could prevent or reduce injuries to railroad employees. This in turn could reduce claims brought under the Federal Employers’ Liability Act (FELA).

The new standards would apply to cab cars and multiple unit locomotives ordered beginning October 2009.   However, the preamble to the Notice of Proposed Rulemaking included comments from the agency regarding the preemptive effect of the rule. According to union Vice President John Tolman, the FRA’s comments on the preemptive effect of the rule were highly inappropriate, contrary to the agency’s duty as a safety regulator, misstate current law, and would immunize the railroad industry from liability for actions and inactions. The union claims the Railroad Safety Advisory Committee never addressed the preemptive effect of the proposed rule and urged adoption of amended comments.For more information, please contact a FELA Attorney at Williams Kherkher by calling 1.800.220.9341.