Empowering Railroad Workers: The Importance of Documented Safety Reporting

In previous editions of this newsletter, we discussed the Federal Employers’ Liability Act (FELA), the law governing railroad injury claims. Under this law, injured workers must prove that the railroad was negligent in failing to provide safe working conditions, equipment or methods.

To prove negligence, the worker must show that the railroad knew or should have known about a hazardous work condition yet failed to take address these hazards. Attorneys sometimes refer to this concept as “notice.” or “foreseeability.” If the railroad created a hazard, such as failing to remove old tie butts after completing track work, then it certainly had notice of that hazard. If the railroad did not create the hazard, it can be deemed to have notice if any employee reports it to management. If another worker subsequently trips on this debris and is injured, the railroad will be deemed to have notice. Thus, employee reports to management become crucial evidence in proving railroad at fault.

However, not all safety reporting is created equal. To be most effective, it is important to make a formal written report. If a safety issue is only reported verbally, the railroad may deny it ever received notice of a hazardous conditions. Documented reports are much harder to deny. An experienced and reputable railroad injury law firm, like Schlichter Bogard, will know how to obtain these documented reports from the railroad, even if it means getting a court order to force their production.

It is important to know how to document safety reports at work because procedures can vary by railroad. Some have safety hotlines or safety meetings. If uncertain, ask your union representative for help. But simply talking to a manager about a safety issue—even a manager that you like—does not guarantee that the issue will be documented much less addressed.

In a recent case, a railroad worker was assigned to stay at a hotel after working away from home. The worker slipped and fell in the hotel’s slippery shower that was not coated with an anti-slip surface and suffered career-ending injuries. We were able to identify several coworkers who had also experienced slips/falls at this hotel—and had verbally reported it to their managers—even though the railroad denied awareness of any problems.

Fortunately, during litigation, we were able to find a two-year-old email in which a railroad manager had notified the hotel management of multiple safety complaints regarding the slippery shower hazards. This documented email was undeniable evidence of “notice” and bolstered the argument that the railroad was negligent in failing to reduce the risk of injury to its workers, such as providing nonslip surfaces. This was proof of negligence against the railroad—that it knew about the hazard but did not fix it and kept putting workers in harm’s way.

Ultimately, we were able to obtain a substantial settlement for this injured worker.

While most railroads claim safety is a top priority, documented safety reporting actually forces the railroads to make safety a top priority. Taking the time and effort to report safety hazards can help you and others hold railroads accountable and improve workplace safety for all.