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Schumer pushes for sleep apnea testing among train operators

In August 2017, the U.S. Department of Transportation withdrew a proposal that would have made it a rule for all train operators to undergo sleep apnea testing. Most people in Connecticut, as elsewhere in the U.S., are probably aware that railway accidents have been on the rise lately, so the DoT's decision seems to be an inexplicable one.

Senator Chuck Schumer recently expressed concern over the decision and has urged the federal government to reconsider its position. This comes after investigations of several train crashes revealed that the engineers were suffering from sleep apnea. Obstructive sleep apnea is a common condition and can prevent one from getting continuous sleep; this means more workers have to constantly fight off drowsiness.

Are you a CSX worker concerned about safety?

Are you a CSX railroad worker concerned about injuries and safety hazards? You are right to be alarmed. Here is an article confirming that CSX employee injuries have jumped nearly 40% over the past five years: http://trn.trains.com/news/news-wire/2018/02/12-csx-transportation-safety-record-comes-under-scrutiny-as-accident-injury-rates-rise

Do you work on a big transportation construction project?

Do you work on a big transportation construction project? Ever wonder what to do about the misuse of federal dollars? Be aware that in order to receive federal monies for transportation infrastructure projects, a construction company or a railroad must certify strict compliance with a list of conditions and requirements. Failure to comply with those requirements results in a false claim with exposure to treble damages.

What to know about FELA legislation

Railroad employers in New York and around the country have had to abide by the Federal Employers Liability Act (FELA) since its passage in 1908. Those who are hurt on the job have the option of suing their employer in either state or federal court. Workers are also generally protected whether they work directly on a train or not. It is also important to note that those who bring claims must show that a defendant was negligent in causing an injury.

The railroad on which a worker was hurt must also be engaged in interstate commerce. However, the standard of proving that negligence occurred is lower than in other cases and may be referred to as the "featherweight burden". It is generally only necessary to show that some form of negligence occurred that had some role in causing the injury.

OSHA & Railroad Worker Safety: Know Your Rights

If a railroad worker wants to hold their employer liable under FELA regulations for a workplace injury or violation, they must prove that the injury resulted from a federal workplace safety violation.

OSHA safety standards and regulations are in place to protect workers from retaliation from employers and ensure a safe workplace free of violations and dangers.

Forcing Amtrak to Adopt Airline Safety Culture

Richard Anderson, Amtrak's new CEO, is a former airline executive. After six months on the job and a spate of fatal derailments, he now realizes "we have got to bring the same safety culture you have at an airline to the railroad industry of America." Great idea.

Are you thinking about blowing the whistle on the misuse of government monies?

Are you thinking about blowing the whistle on the misuse of government monies? Be aware the U.S. Department of Justice is changing the way it handles False Claim Act qui tam cases. Here is an article quoting me on that change: https://www.law.com/ctlawtribune/sites/ctlawtribune/2018/01/25/this-is-a-good-thing-conn-attorneys-supportive-of-justice-departments-fca-memo/?slreturn=20180027160757

NYC robbed blind by subway project mismanagement

If you’ve traveled the New York City subway system lately, you may have noticed grime, crumbling, litter, rodents, flickering lights and even crime. “Why doesn’t this city fix this mess,” you may have wondered. The short answer is that the city can’t afford to maintain its subway lines.

The long answer, however, tells a much more winding story.

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