News Wire article "OSHA Fines BNSF"

[zardoz]

Wow! Gee! A great, big, whopping $5000 fine! Gosh, I bet BNSF is just falling over itself to correct the problem after such a huge fine. In the meantime, however, who will get hurt or killed next?

And to top it off, "We are still reviewing the citation and deciding whether to file a notice of contest to challenge it," BNSF spokesman Steve Forsberg said Tuesday.

A man with 20 years experience working for the railroad is killed by lack of safety equipment, and the railroad is worrying about a lousy fine? How cold is that?????

I'm sure the fine is of immense comfort to the victim's family.

[gabe]

QUOTE: Originally posted by zardoz

Wow! Gee! A great, big, whopping $5000 fine! Gosh, I bet BNSF is just falling over itself to correct the problem after such a huge fine. In the meantime, however, who will get hurt or killed next?

And to top it off, "We are still reviewing the citation and deciding whether to file a notice of contest to challenge it," BNSF spokesman Steve Forsberg said Tuesday.

A man with 20 years experience working for the railroad is killed by lack of safety equipment, and the railroad is worrying about a lousy fine? How cold is that?????

I'm sure the fine is of immense comfort to the victim's family.

Zardoz,

I understand your angst. However, don't sell this too short; like so many things, the devil is in the details.

I wonder how that OSHA finding is going to look in the wrongful death suit that his family may bring? That is why BNSF is reviewing the finding. The effect of the small penalty is to allow his family to collect the larger amount via civil suit rather than the government via civil penalty.

Assuming the machine really was a hazard, my hat is off to OSHA on this one.

Gabe

[Anonymous]

QUOTE: Originally posted by gabe

QUOTE: Originally posted by zardoz

Wow! Gee! A great, big, whopping $5000 fine! Gosh, I bet BNSF is just falling over itself to correct the problem after such a huge fine. In the meantime, however, who will get hurt or killed next?

And to top it off, "We are still reviewing the citation and deciding whether to file a notice of contest to challenge it," BNSF spokesman Steve Forsberg said Tuesday.

A man with 20 years experience working for the railroad is killed by lack of safety equipment, and the railroad is worrying about a lousy fine? How cold is that?????

I'm sure the fine is of immense comfort to the victim's family.

Zardoz,

I understand your angst. However, don't sell this too short; like so many things, the devil is in the details.

I wonder how that OSHA finding is going to look in the wrongful death suit that his family may bring? That is why BNSF is reviewing the finding. The effect of the small penalty is to allow his family to collect the larger amount via civil suit rather than the government via civil penalty.

Assuming the machine really was a hazard, my hat is off to OSHA on this one.

Gabe

Does the OSHA action have any precedential value such as perhaps rendering the lack of guards "Negligence Per Se"? Also, if I was the family I'd be looking to the manufacturer and seller/distributor of the machine in question. Sounds like this guy was killed by metal flying out of an unguarded 100 ton press if I read the article correctly.

LC

[gabe]

LC

Your explanation is certainly my understanding of his injury.

No. An OSHA finding, to my knowledge, would not amount to negligence per se. Although certain states could very well, or may have, passed a statute amounting to such an eventuality. I imagine that BNSF would have a right to fully litigate that issue and have its day in court.

Nonetheless, as I am sure you are aware, an OSHA administrator testifying as to the contents of such a report and the expertise that goes into it would have to be about the next best thing to negligence per se.

I don't doubt that the machine builder will either be named in the suit by the Plaintiff, or brought in by BNSF as a third party plaintiff to spread out the award. It sounds like the builder will have just as much, if not more, problems than BNSF.

Gabe

[RudyRockvilleMD]

What gets to me is how the BNSF's shop safety engineers failed to notice the machinery's safety equipment was not in place. Further, for how long did this situation go on? I agree, a $5000 citation is a tap on the wrist

[gabe]

QUOTE: Originally posted by RudyRockvilleMD

What gets to me is how the BNSF's shop safety engineers failed to notice the machinery's safety equipment was not in place. Further, for how long did this situation go on? I agree, a $5000 citation is a tap on the wrist

Right, but the wrongful death suit--that will be able to introduce this $5000 fine into evidence--will not be.

[oltmannd]

Uh, oh! OSHA sucessfully levying a fine against a RR. Bad news. RRs have always drawn a line that the FRA governs RR safety and that OSHA has no juristiction, even in RR shops because of this. RR shops are not generally OSHA compliant. Conrail wouldn't even let OSHA inspectors on the property.

[gabe]

Really? OSHA has no jurisdiction over railroads? Wow, that is probably the most informative thing I have learned all day. So, does the FRA have its own safety division set up like OSHA?

My thought was always that the FRA had jurisdiction when the trains where on the road, so to speak, but OSHA had jurisdiction for normal shop-like practices--such as the one that was involved in this incident and is common to many companies that OSHA is responsible for.

I believe you; I am just surprised.

Gabe

[gabe]

The more I think about it, that makes since. FELA makes OSHA a bit redundant.

Gabe

[oltmannd]

RRs can't really do all the OSHA rules. For example, you can't really put a cage on the ladders on freight cars. Shops have always been a gray area. OSHA has fought to get in and the RRs have fought to keep them out. OSHA rules are more numerous and onerous than FRA.