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Under the Federal Employers Liability Act (FELA), a railroad has a duty to exercise ordinary care under the circumstances to provide its employees with a reasonably safe place within which to work.
Court decisions interpreting FELA have held that the railroads owe a duty to provide reasonably safe and suitable tools, machinery, and appliances with which to work; to regulate and monitor the performance of work to ensure safety precautions are practiced; and provide notice of potentially hazardous or dangerous situations and conditions.
In 1991, the Boiler Inspection Act (BIA) (also known as the Locomotive Inspection Act) was enacted. The railroad cannot escape the statute that applies to employees of the railroad who work in the operating department or are locomotive engineers. The statute required a railroad carrier to abide by requirements or face an imposed absolute duty that can not be escaped.
The Act "imposes upon the carrier an absolute and continuing duty to maintain the locomotive and all parts and appurtenances thereof, in proper condition, and safe to operate... without unnecessary dangers to a persons body, limb or life.
Under the BIA, unlike the FELA, the possible contributory negligence of the worker himself is neither a defense nor an issue if the defendant is found to have violated the statute. It can be argued that cases of diesel exhaust exposure to railroad workers that the defendant railroad violated one or both of these Acts by failing to have the engine compartment windows and doors properly sealed so as to properly prevent the seepage of diesel exhaust fumes into the cab, or failing to install respirators, ventilators or properly working safety masks on units so as to protect the employees against continuous diesel exhaust exposure.
Further, one could argue that the violating railroad failed to properly train its workers as to what to do if exposed to significant amounts of diesel exhaust, or that it negligently failed to have an appropriate safety plan in existence for such circumstances.
Statute of Limitations on FELA Actions for Diesel Exhaust Exposure
The statute of limitations on FELA cases is three years from the first date that the injured employee either actually knew of an injury or a potential injury, or should have known of the injury.
There have been cases where the employee knew or had some reason to know that they had a problem or which they or their doctor believed was caused by their work conditions. However, they reluctantly explained it to others and did not notify the railroad.
However, if the injured employee did not immediately give notice of the injury to the railroad, the railroad may be protected from litigation and additional legal action. Individuals who have previously suffered from diesel exhaust exposure, it is advisable to contact an attorney for development of a diesel exhaust exposure lawsuit.
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