“The railroad industry is on the precipice of a self-made disaster. This will be the outcome of the increasingly dangerous trends of locomotive and equipment failures caused by the freight
railroads’ cost-cutting business model (known as “precision scheduled railroading” or “PSR”)…”
Those words formed the alarming opening lines of a recent report written by various rail labor unions about the current state of safety in the nation’s railroads. The language speaks for itself. The railroads’ insistence on cost cutting even at the expense of safety has led to record breaking profits and some very happy Wall Street investors. Other blogs have already addressed Precision Scheduled Railroading (PSR) and “profits over people” and how they have affected rail safety.
The five (5) actions being recommended by railroad shop labor unions to improve safety and improve rail service include:
1. Establishing uniform training, qualification, and certification for shop workers;
2. Establishing an “Adequacy of Workforce Standard” to ensure that the workforce has the skills needed to safely complete their jobs;
3. Carrying out more stringent enforcement actions, including additional random and scheduled inspections and safety audits of railroads;
4. Carrying out disqualification determinations under federal regulations against railroad supervisors who unsafely cut corners; and
5. Removing loopholes in existing federal safety regulations which allow railroads to put profits over people.
The unfortunate truth is that the Federal Railroad Administration (FRA) does not have the required staffing or resources to force the railroads to do better with regard to safety. Without change, there will continue to be unnecessary injuries to employees. Given the massive savings which the railroads are enjoying because of PSR (basically fewer workers doing the same amount of work at the expense of safety), it is literally cheaper for the railroads to pay injured workers under the Federal Employers’ Liability Act, or FELA than to spend more money on creating a safe workplace. This reasoning is reminiscent of a line from a famous 1949 Supreme Court case, Wilkerson v. McCarthy, which noted, “the Federal Employers’ Liability Act was designed to put on the railroad industry some of the cost for the legs, eyes, arms, and lives which it consumed in its operations.” Employees are not the only ones at risk as everyone was reminded of in a big way at the time of the horrific derailment in East Palestine, Ohio on February 3, 2023. How many more railroad workers have to injured or how many more catastrophic derailments do we have to endure until we see change?
The Doran & Murphy Law Firm is committed to helping railroad workers who have been injured due to those railroads which choose to put profits over safety. With over 25 years of experience, we have a proven track record of success. Call us today at 1-800-374-2144 with any question or to learn more about your rights under the FELA!
