Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of OSHA’s statutory jurisdiction.

The Federal Railroad Administration (“FRA”) and federal Occupational Safety and Health Administration (“OSHA”) traditionally split jurisdiction over working

Continue Reading OSHA Cannot Issue Citations Relating to Employee Work on Rail Cars, Eighth Circuit Says

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

Welder on a construction site.Seyfarth Synopsis: The Federal Railroad Administration’s new Safety Advisory seeks to cover activities that fall outside the scope of FRA safety regulations, but within the purview of the OSHA regulations.

The Federal Railroad Administration (FRA) has just issued its Safety Advisory 2016–02 (November 28, 2016). The
Continue Reading FRA/OSHA Safety Advisory – Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies

By James L. Curtis and Craig B. Simonsen

The Federal Railroad Administration (FRA) is amending the Federal Track Safety Standards to promote the safety of railroad operations by enhancing rail flaw detection processes. 79 Fed. Reg. 4234 (January 24, 2014).

After review and consideration of public comments submitted on the FRA’s proposed rule on Track Safety Standards, Improving Rail Integrity
Continue Reading Federal Railroad Administration Issues Final Federal Track Safety Standards