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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Tuesday, October 11, 2011

FRA Safety Advisory Issued following Switching Fatalities

The Federal Railroad Administration (FRA) has issued Safety Advisory 2011-02 "to remind railroads and their employees of the importance of following procedures when going between rolling equipment." The Advisory from the Federal Register publication is attached here.Despite the overall improvement of railroad safety in recent years, the FRA pointed to 5 fatal incidents from May 2009 to September 2011 as the reason for issuing the Advisory to remind railroads and employees of "the critical importance of maintaining and abiding by railroad rules and procedures designed to ensure safety when going between rolling equipment."

Among the recommondations to railroads the FRA makes are:

1) review current rules and operating practices that require employees to go between rolling equipment to determine if adequate protection is provided to employees;

2) develop, implement, and monitor communication protocols that require employees of multi-person crews to inform other crew members when the need to enter between rolling equipment arises;

3) convey to employees that their personal safety is their responsibility and that railroad management supports and encourages those employees that make safety their number one priority.

The Safety Advisory is not directed to any particular railroad, but to the industry in general.

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