Railroad Responsibility Under FELA and Boiler Inspection Act

According to Federal Employer’s Liability Act, it is the responsibility of railroad to provide care to its employees under the circumstances. It is also their responsibility to provide railroad workers with a reasonable safe place to work. Court decisions held that it is the duty of railroads to provide safe and suitable machinery, tools and appliances, to institute safe methods for the performance of work and to warn the employees of dangerous and hazardous conditions.

The Boiler Inspection Act was enacted in the year 1991. It is also known as Locomotive Inspection Act. The act “imposes upon the carrier an absolute and continuing duty to maintain the locomotive and all parts and appurtenances thereof, in proper condition, and safe to operate … without unnecessary peril to life or limb”. It can be argued that the railroad violated one or both of these acts by failing to seal the doors and windows properly in order to prevent the seepage of diesel exhaust fumes into the cab, or failed to provide employees with ventilators, respirators and masks properly on the working units so as to protect them against continuous diesel exhaust exposure. Further, it can be argued that the railroad failed to train employees properly what to do when exposed to diesel exhaust or it failed to have safety plan for such circumstances.

The statue of limitation on the FELA cases is from the first date that the injured employee should have known of the injury. In many cases, employees knew that they had a problem that was caused due to work conditions. Yet they did not discuss it with anyone. If a employee waited for a long period before discussing the injury with anyone, it will be advantage for railroad. The railroad would easily contend that the workers should have known of the injury and therefore is precluded from filing a lawsuit and obtaining recovery.