Antea Group Project Manager Annie Richardson presented on current and upcoming OSHA regulations pertinent to railroads at the recent ASLRRA Connections Convention in Washington DC. Her presentation includes an overview of how OSHA regulates the rail industry, a summary of current regulations and a look at pending regulatory activity, and tips for planning for success in complying with OSHA regulations.

1. American Short Line and Regional Railroad Association (ASLRRA)
April 2016
OSHA Can Regulate
the Railroads

2.  How OSHA Regulates the Railroads
 Summary of Regulations and
Pending Regulatory activity
 Planning for Success in Complying
with OSHA Regulations
Topics to be Covered
OSHA CAN REGULATE THE RAILROADS
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3. How OSHA Regulates the
Railroads

4. Occupational Safety and Health Administration, an
agency of the U.S. Department of Labor (DOL) responsible for
improving worker safety and health protection.
Brief History of OSHA
HOW OSHA REGULATES THE RAILROADS
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On December 29,
President Nixon
signed the OSH Act
1971
This Act created
OSHA, the agency,
which formally came
into being on April 28
1970

5. The mission of OSHA is to
assure safe and healthful
working conditions in
the workplace.
Some of the things OSHA does to carry out its mission are:
• Developing job safety and health standards; and
• Enforcing them through worksite inspections
OSHA’s Mission
HOW OSHA REGULATES THE RAILROADS
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6. FRA regulates matters
that relate to operational
safety (i.e. safe
movement of equipment
over rails).
All other aspects will be enforced by the Department of
Labor – OSHA, where the conditions are similar to those
in any industry.
OSHA and FRA Relationship
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7. 07/16/2012
The Federal Railroad Administration, U.S. Department of
Transportation
MEMORANDUM OF AGREEMENT
between
THE FEDERAL RAILROAD ADMINISTRATION
U.S. DEPARTMENT OF TRANSPORTATION
and
THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
U.S. DEPARTMENT OF LABOR
Memorandum of Agreement
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8. Employers
Responsibility
Employees Rights
Citations and
Penalties
The Whistleblower
Protection
Programs
Why is this important to railroads?
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9. Citations and Penalties
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Violation Type
Potential Penalty
( 80% increase by August 2016)
Other Than Serious Up to $7,000 per Day
Serious Up to $7,000 per Violation
Willful $ 5,000 - $70, 000 per violation
Repeat Up to $70,000 per Violation
Egregious Up to $70,000 per Violation
Failure to Abate Up to $7,000 per Day
Falsifying Records, Reports or Applications Up to $10,000 and 6 Months in Jail
Violating Posting Requirements Up to $7,000
Assaulting, Resisting, Intimidating, Interfering
with Compliance Officer
Up to $5,000 and 3 Years in Jail

10. 4,679 workers
were killed on the
job in 2014
On average, almost
90 a week or more
than 13 deaths
every day.
Fatal work injuries
involving contractors
accounted for 17 percent
of all fatal work injuries in
2014.
OSHA Statistics
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11. OSHA Whistle Blower Act Cases 2005-2015
Recent Railroad Industry Activity
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Year No of Cases
FY 2005
FY 2006
FY 2007
FY 2008
FY 2009
FY 2010
FY 2011
FY 2012
FY 2013
FY2014
FY2015
0
0
1
45
145
201
340
385
353
353
276

12. Summary of Regulations and
Pending Regulatory Activity

13. Summary of DOL – OSHA Laws and
Regulations Affecting the Railroads
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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OSHA standards are:
• Rules that describe the methods
employers must use to protect
employees from hazards
• Designed to protect workers from
a wide range of hazards
Where there are no specific
standards, employers must comply
with the General Duty Clause of the
OSH Act.
Four Groups of OSHA Standards:
1. General Industry*
2. Construction
3. Maritime
4. Agriculture
*General Industry is the set that applies to the largest
number of workers and worksites

14. Federal OSHA vs State OSHA
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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15. OSHA Standards-Railroad Industry and
Pending Regulations
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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29 CFR 1910 – General Industry
29 CFR 1926 – Construction

16. OSHA Standards and Pending Regulatory Actions
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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Standard or Issues Potential Exposure Concern
Silica Dust Handling sand, ballast
dumping and locomotive
sand filling
Regulations Changes
March 24, 2016.
Asbestos signal boxes, remodeling
old buildings, piping,
bridge work
Causes cancer, of the
lungs and
mesothelioma
Metal Fumes welding frogs, hardened
steel in shops
Pending regulations
Beryllium

17. OSHA Standards and Pending Regulatory Actions
SUMMARY OF REGULATIONS AND PENDING REGULATORY ACTIVITY
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Standard or Issues Potential Exposure Concern
Lead In car/locomotives paint ,
in sanding, painting,
Lead poisoning
Noise and Hearing
Conservation
Non-transportation
(Shop, MOW) employees
who are exposed to
potential excessive noise.
Compliant programs -
annual testing,
monitoring protection,
Training
Access to Medical
Records
Any noise, chemical,
metals exposure
sampling
Employee right to
know hazard of
exposures

18. OSHA Standards and Pending Regulatory Actions
OSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
1. Hazard
Communication
Right of employees to
know chemicals in the
work place
Standard revised, all
elements must be
completed by June 2016
2. Respiratory
Protection
Protection from breathing
harmful materials during
various activities, welding,
painting, handling
chemicals, etc.
Potential harmful
materials – exposure to
silica, metal fumes, paint
fumes
3. Bloodborne
Pathogens
Protection of responders
to first aid and medical
emergencies
Pending revisions

19. OSHA Standards and Pending Regulatory Actions
OSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
4. Control Of
Hazardous Energy
(LOTO)
Shops, construction site Serious injury
5. Confined and
Permitted
Confined Spaces
Tanks, vessels, silos,
storage bins, hoppers,
vaults, pits, manholes,
tunnels, equipment
housings, ductwork,
pipelines,
Recent Changes for
Construction Industry
6. Compressed
Gases
Cylinders used by welders,
in construction
Potential missiles, if
handled and stored
properly

20. OSHA Standards and Pending Regulatory Actions
OSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Standard or Issues Potential Exposure Concern
7. Fall Protection shop environments, but
may affect other areas if
there is a potential for a
injury
,OSHA can apply General
Duty Clause in other
areas
8. Cranes Fixed and Mobile cranes in
shop and construction sites
Construction standard
recently revised; FRA
Pending; Deadlines
9. Walking and
Working Surfaces
Common cause of injury –
uneven surfaces, ladders
Most cited Standard

21. 2015 Top Ten Most Cited OSHA Standards
OSHA STANDARDS AND PENDING REGULATORY ACTIONS
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Fall Protection
6,721
C
Hazard
Communication
5,192
Scaffolding
4,295
C
Respiratory Protection
3,305
Electrical, Wiring
Methods
2,404
Powered Industrial
Trucks 2760
Ladders 2,483
C
Lockout/Tag-out
2,0002
Electrical, General
Requirements 1,973
Machine Guarding
2,295

22. Planning for Success in
Complying With OSHA
Regulation

23. Planning for Success
PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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01
02
03
Commit to Worker Protection as a business
strategy.
Planning for success in complying with OSHA
Standards requires a systematic approach to
Health and Safety in the workplace.
Develop a Positive Safety Culture.

24. Complying with OSHA is Good Business:
Planning for Success
PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Safe and Healthy
Workplace
Avoid Loss for
Citations and Penalties
Avoid Business
Interruptions

25. Planning for Success
PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Leadership
Commitment
Hazard
Identifications
Training of
Employees
Systematic Approach
to Health and Safety
Employee
Participation
Continuous
Improvement

26. ASLRRA Safety Institute:
The Safety Institute aims to enhance the safety culture of
short line and regional railroads. The project includes
several assessment activities, including a safety culture
survey, safety-related document reviews, field
observations, and safety culture interviews.
Develop a Positive Safety Culture
PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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27. Develop a Positive Safety Culture
PLANNING FOR SUCCESS IN COMPLYING WITH OSHA REGULATION
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Leadership is Clearly
Committed to Safety
Railroad Practices
Continuous Learning
Decisions Demonstrate
that Safety Is Prioritized
Over Competing Demands
Reporting Systems and
Accountability Are Clearly
Defined
Employees Feel Personally
Responsible for Safety
The Railroad Is Fair and
Consistent in Responding
to Safety Concerns
There Is Open and Effective
Communication Across the
Railroad
Mutual Trust Is Fostered
between Employees and
the Railroad
ASLRRA
Safety
Institute
Program
Elements
Training and Resources Are
Available to Support Safety
There is a Safety Conscious
Work Environment

28. Topics covered
today…
Summary
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29. Questions:
OSHA CAN REGULATE THE RAILROADS
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30. Annie Richardson| Project Manager | USA
Antea®Group
Direct: + 1 704 324 7043
USA Toll free: 1 800 477 7411
3530 Toringdon Way –
Suite 106 Charlotte, NC 28277
annie.richardson@anteagroup.com
www.anteagroup.com