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 Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady, and Craig B. Simonsen

iStock_000021314720_MediumThe U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals occupying “safety sensitive positions”
Continue Reading DOT Proposes Rulemaking on “Safety Sensitive Positions” in Highway and Rail Transportation

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

By Meagan Newman

On July 16, 2012 the Federal Railroad Administration (FRA) and OSHA issued a Memorandum of Agreement to facilitate coordination between agencies regarding the enforcement of the Federal Railroad Safety Act’s whistleblower provision.  The memorandum establishes procedures for the agencies to follow for handling whistleblower complaints and states that the agencies will jointly develop training to assist FRA
Continue Reading Recent Railroad Administration/OSHA Agreement and Whistleblower Orders Signal Heightened Scrutiny of Railroad Employers