Mcivin v N & W Multi-Page James Gearhart 12/15/95 IN THE CIRCUIT COURT OF MERCER COUNTY, WEST VIRGINIA - - - - - - - - - - - - - - -x In the Matter of: WALTER B. MELVIN, JR., Plaintiff, CIVIL ACTION Vs NO. 95-CV-408-F NORFOLK AND WESTERN RAILWAY COMPANY, Defendant. - - - - - - - - - - - - - - -x Conference Room #401, N&W Office Building, 800 Princeton Avenue, Bluefield, West Virginia, Friday, December 15, 1995. The Deposition of JAMES D. GEARHART, taken by the Plaintiff before Richard B. Daisey, RPR, and Notary Public within and for the State of West Virginia at Large, pursuant to agreement of the parties hereto, to be used for all lawful purposes, pursuant to the West Virginia Rules of Civil Procedure, commencing at 11:10 a.m., EST. VOLUME: I PAGES: 1 - 23 L'U' Doisey g Services-1450 Main Strcet-princeton, V" 24740 Mdvin v N & W Multi-Pagc Jamcs Gearhart 12/15/95 Page 2 Page 4 I A P P E A R A N C E S I And iny family still lives there. I live temporarily 2 2 and totally in Atlanta now. My job and my famfly will 3 3 move next summer after my daughter graduates from high 4 RICHARD N. SHAPIRO. E.SQ., 4 school. So I kind of have two addresses now. 5 . & . & Shapiro, P.C., 5 Q. You've been commuting back and forth on some 6 1294 Diamond Springs Road, 6 weekends? 7 P.O. Box 5369, 7 A. Yes. 8 Virginia Beach, Virginia, 23455, 8 Q. What is your present title with 9 appearing on behalf 9 Norfolk/Southem? 10 of the Plaintiff. 10 A. Chief engineer, line maintenance, west. I I I I Q. What was your immediate past title? 12 12 A. Division engineer, Pocahontas Division. 13 13 Q. And does the Pocahontas Division encompass 14 14 the Bluefield area and other areas in West Virginia? 15 15 A. That's con-ect. 1 6@D ADKINS, ESQ.. 16 Q. What date did you change positions in title? 1 7 Huddleston, Bolen, Beatty, Porter & Copen, 17 A. First of July of 1995. 18 Sixth Avenue & Tenth Street, in Q. Can you please trace your background with 19 P.O. Box 2185 ig the railroad from the time you first -- give us the 20 Huntington, West Virginia, 25722, 2o date you first began with the railroad, and please 21 appearing on behalf of 21 trace your positions in brief detail, if you could. 22 the Defendant. 22 A. In May of 1971 1 became a road fireman on 23 Also Present: Jack Brewster 23 the Shenandoah Division. 24 24 July of 1972 I became a management trainee 25 25 in Roanoke, Virginia. Page 3 Page 5 1 PROCEEDINGS I I think it was July of 1973 1 becatne 2 MR. SHAPIRO: Would you please swear 2 assistant rail gang supervisor. 3 the witness'? 3 May of 1974 1 becaine assistant track 4 Whereupon. 4 supervisor in the Norfolk temiinal, Norfolk, Virginia. 5 JAMES D. GEARHART 5 In August of 1975 1 becaine assistant to the 6 was callcd as a witness and, after having been first 6 division engineer in Fort Wayne, Indiana. 7 duly @worn by @ Notary Public, was examined and 7 In Decembcr of 1976 I becwne division 8 testified as follows: 8 engineer on the Fort Wayne Division at Fort Wayne, 9 F)CAMNATION 9 Indiana. 10 BY MR. SHAPIRO: 10 March of 1979 1 became the division engineer I I Q. Would you state your full name, please? i iof the Scioto Division at Portsmouth, Ohio. 12 A. James Douglas Gearhart. 12 In June of 1983 I became manager, roadway 1 3 Q. What is your present address, sir? i 3maintenance in Roanoke, Virginia. 14 A. I'm at 3391 Seven Pines Court, Atlanta, 14 In January of 1984 1 becaine process engineer 1 5Georgia. 15 in Roanoke, Virginia. 1 6 Q. You traveled up here from Georgia to West 16 In June of 1986 I becaine process cngineer in 17 Virginia for this deposition. Correct? i7 Atlanta, Georgia. 18 A. I traveled to West Virginia as part of my 18 In March of 1990 1 becaine division engineer i9 work that I was doing, yes, to be here today. I ig of Pocahontas Division at Bluefield, West Virginia. 20 worked my way up. 20 And then I'm at my present job starting July 21 Q. What was your former address here in West 21 Of 1995. 22 Virginia, and can you tell us when you inoved to 22 Q. And that's chief engineer of line 23 Georgia. ple&se? 23 maintenancc? 24 A. My address here in Bluefield is 1425 24 A. West. 125 Whitediom Fpuw, Biuefield, West Virginia, 24701. 125 Q. mr. Gearhart, can you identify this docunient Daimy R@g Sorvices-1450 Main Street-Princeton, N" 24740 Page 2 - Page 5 Juws Gewhart Multi-Pagc Melvin v N & W 12/15/95 Page 6 Page 8 ihere, tided "Position Description"? Ithe cotnputer'? 2 A. This is a position drscription for the 2 A. I don't remember seeing this particular 3divisiot engineer position at Bluefield, West 3piece of papcr, no. 4Virginia. 4 Q. Well, the actual form, is this a company 5 Q. And you had that position ftoin what period 5fonn? 6to what per-iod? 6 A. That's right. Tbs is what they work off of 7 A. Ftom March of 1990 until July of 1995. 7when they get @ infonnation together. 8 MR. SHAPLRO: i'll asked that be marked 8 Q. And was this complete? Who was this 9as Exhibit No. 1. 9completed by, as far as what supervisory personnel? 10 (GeaThart's ExWbit No. I was 10 A. Down at the bottom there in block 80 is M. I I marked for identification.) i iJ. Church. 12 BY MR. SRAPIRO 12 Q. What was his position, or is his posifion? 13 Q. Can you briefly describe what you viewed 13 A. He was at that tiine and still is the track 14 your (kties and Tesponsibilities as the division 14 supervisor at Weller, Virginia. i5 engincor of the Pocahontas Division during that 15 Q. Who would have been over Mr. Melvin's 1 6period? 16 position? 17 A. Being responsible for the overall 17 A. Tbat's correct. i 8mainteiiance of the track and structures of the 18 MR. SHAPIRO: i would move to mark this 19 Pocahmtas Division between Bluefield. West Virginia ig as Exhibit No. 2. 2o and Portsmouth, Ohio. 20 (Gearhart's Exhibit No. 2 was 21 Q. And I believe it says here @'s about 21 marked for identification.) 22 1,400 miles of main line track, including bridges and 22 BY MR. SHAPIRO! 23 tunnels and culverts. 23 Q. Let me show you anothff document and ask you 24 A. That's correct. 24 if @s is soinething that you are familiar with, with 25 Q. I take it your duties also inclu 25 regard to N4r. Melvin's accident? Page 7 Page 9 ithe train movement in an effieient and steady flow I A. This would be the injury report that would 2over the tracks in your division. 2have been filed through my office, as a Tesult of the 3 A. That's right. The maintenance of the tracks 3injury. 4and structures would enable dc trains to move safely. 4 Q. So this would have taken the handwritten 5 Q. @n you worked as division engineer during 5infonnation and put it into, I guess, a computerized 6that period of time wem you bascd here at the 6fortnat foT Norfolk/Southem's computer setup for 7Princeton Avenue address? 7Incident Reports? 8 A. That's coffect. 8 A. Con-eCt. 9 Q. Mr. Gearhart, let me ask you some questions 9 Q. And it takes tlr information of what we've 10 about Mr. Melvin, the plaintiff in this case. Do you io marked as Exhibit 2 and puts it on, I guess, a i ihave any idea how long you've known Mr. Melvin? i idifferent forrnat. Right? 12 A. I've known of Mr. Melvin probably for about 12 A. Yes. 13 15 years. But to Teally work with Mr. Melvin, it 1 3 MR. SHAPLRO: Let ffic have this marked 14 would also be starting in March of 1990, when I became 14 as Exhibit No. 3. i 5fairly familiar with him. 15 (Gearhart's Exhibit No. 3 was 16 Q. Let me show you a docurrient here and ask you 16 marked for identification.) 17 if you can identify this document here, please? 17 BY MR. SHAPLRO: 18 A. This is ft draft or injury report that was 19 Q. As far as E@bit 3, the COMPUTCT format, ig filed on Walter Melvin, Jr. ig you had some involvetnent in reviewing that, didn't 20 Q. And this would have been done at the time 20 you'! 21 you werc the division engineer here at the Pocahontas 21 A. YCS. I did review it. 22 Division? 22 Q. ATe both of these essentially company 23 A. That's correct. 23 records? 24 Q. Do you recafl seeing this at some point when 24 A. The file that was, or the report that was ,25 the ascident @rt was eidw filled out or t)ut into a comr)anv record. This would basicauy Page 6 - Page 9 Daiwy RepoTting S@ces-1450 Main Sftd-Princdon, WV 24740 Mdvin v N & W muiti-page@ James 12/15/95 Page I 0 Page 12 1 be a work shdet. I hammer was less than what you would have wanted him 2 Q Referring to Exhibit No. 2? 2 using at the tiine of the accident? 3 A. Yes. It would not be inaintained. 3 A. It was an older hammer. 4 Q. What (lid you learn about how Mr. Melvin had 4 Q. Did you notice that it had a lot of spahing 5 been injured on Septernber 2nd, 1993, in your 5 on the head of tlx hanuner, on both sides of thr hcad 6 investigation? 6 of the hanimer, in other words, will holes, sort oP 7 A. Mr. Mclvin was basically standing, watching 7 A. Yes. TheTe were some matks on the hammer. 8 Mr. M. E. Kinzer makc some repairs to his dozrr, and 8 Q. And there were initials welded on the side 9 felt a sting -- what I understood, he felt a sting and 9 of the hammer of someone, weren't there? io thought he had gotten stung by a bee at the time, if I 10 A. Yeah. There were some initials welded on I iremember correctly. And then he noticed a small drop i ithe side of it. Yes. I don't remember what they 12 of blood on his pants leg, and determined that a piece 1 2were. 13 of metal had struck him. 13 Q. Did you and Mr. Hodges discuss anything 14 Q. And did that apparently, in the course of 14 about how old that hanuner was? 15 your investigation, reveal that that apparently was a 15 A. I don't know that I ever discLLsscd the age 1 6sliver from eithcr a part of the bulldozer or the 16 of the hanuner with Mr. Hodges. 17 sledge harruner that was being used by Nlr. Kinzer? 17 Q. Did you learn at any subsequent time or 18 A We're not sure exactly where it's from, 18 receive a report from the research and test dep@t ig becati-,e I don't believe the metal has been removed ig of the railroad regarding the hanuner and the testing 20 from Mr. Melvin's leg. 20 of the haiyuner? 21 Q. In the course of yolir investigation what 21 A. I don't remember. I'm not saying that there 22 does it appear the metal cwne from? 22 wasn't one. I just don't remember. I'm sure that 23 A I can't answer that. I don't know. Because 23 they did check it out. 24 at least at that point he didn't want to have it taken 24 Q. I want to go back to some questions about 25 out. 25 the hammer, but let me ask you about your personal Page I I Page 13 1 Q. How wcre you infonned about the accident? I involvement with Mr. Melvin. Did you have any 2 Do you recall? 2 particular involvement with him after the date of the 3 A. Mr. Church notified ine conceming the 3 accident? Can you tell me what that was? 4 incident. 4 A. Well, I'm not surc of the date, but it was 5 Q. What, did he call you up, or something? 5 Labor Day, which was imm@ately after -- I think 6 A. That's correct. 6 during the week after this date, Mr. Melvin called me, 7 Q. Did you ask hiin any questions about what 7 and I was the only one working that day, and asked me 8 type of hanuner was being used at the time? 8 if I would take him over to the hospital, that he 9 A. Well, I'd understood that it was Mr. 9 thought that piece of nietal might be getting infected jo Kinzer's hammer, that he was using it to tjy to put -- io on hiin, and wanted to have it checked out. I Ircpair a roller on the dozer. I I Well, he didn't think dcre was anything in 12 Q Did you and Mr. Church discuss the condition 12 there, but then hr was concemed, so I took him over 1 3of the hanuner'? 1 3to the hospital. I'm trying to think of the nwne of 14 A. In the subsequcnt investigation, we 14 the hospital. What's the hospital over in Bluefield, 15 inspected the hammer. It was done -- N/Ir. Kinzer is a 15 Virginia? I'm sorry. 16 iiiechanic, and he's not one of my direct reports. He 16 Can you be off the record here? 17 does work in another section of our department, so to 17 MR. SHAPIRO: off the record. i 8speak. 1 8 (Discussion off the record.) 19 Q. And his immediate supmisor was Nlr. Hodges? 19 THE WITNESS: i took him over to St. 20 A Donald Hodges. 2o Luke's and had him X-rayed, and the doctor said that 2 1 Q. And did you and MT. Hodges discuss the 21 there was a sinall sliver. He called it a soft tissue 22 condition of the hammer, or did you see it? 22 injury. 23 A. I did see the hammer, and this was a hanuner 23 And I asked him what that ineant, and he said 24 that Mr. Kinzer had had for some time. 24 it wasn't near anytwng vital. And hc made a short 25 Q. You would @ that the condition of thr 25 attempt to reinove the metal, but Mr. Melvin was Daisey R@g Services-1450 Main Street-Princeton, VW 24740 Page 10 - Page 13 j@es Goormft Multi-Page TM Melvin v N & W 12/15/95 Page 14 Page 16 1 uncomfortable and didn't want him to continue. So I to tell you that he was having any difficulty? 2 they decided that @ wouldn't take it out at that 2 A. No. I don't believe he caued me. 1 3 time. 3 believe he either talked -- I believe he talked to Mr. 4 BY MR. SUAPTRO: 4 Church, but I don't think he called me. 5 Q. Were you @tted to watch actually when 5 Q. So you had no more personal involvemrnt with 6 the doctor was trying to get the metal out? 6 him after that time when you took him to the hospital? 7 A. No. I was out in the waiting room. No, 1 7 A. I'm sure -- you know, this isn't a big town. 8 was not there. 8 I'm sure I saw him. He rnight have been by the office. 9 Q So he actually took an instnunent of some 9 But I'm drawing a blank, as far as -- it's not like I 10 kind and tried to get in there and get it, as far as io shut him out. or anything. i iyou understaiid'? I I Q. Did you have any phone discussions with him 1 2 A. Maybe a pair of tweezcrs, or something along 12 after that time, that you can recall? Or anything 13 ihose lines. I don't know exactly. I really can't 13 that you remember. Let me put it that way. 14 answer that question. 14 A. No, I don't. 15 But I do know that he did make an attempt to 1 5 Q. What about from other sources, hearsay, 1 6remove the metal. 16 which we can talk about in this @ of deposition? 1 7 Q. But it was not removed that day? 1 7Did you get any reports on his condition from anyone 1 8 A. No. 18 else at any time afl-r his initial time you took him 19 Q. What did you do next, or what did Mr. Melvin ig to the hospital, regarding Ws condition? 20 lell you wheii you left the hospital? You left with 20 A. Wei I, I don't know that I need to respond on 2i him? 21 nimors. You know, nothing that I could substantiate. 22 A. Well, I picked him up at his home and 1 22 You know, you get second and thirdhand inforination. I 23 drove him over and took hiin back homc, because it was 23 wouldn't put much stock in that, or I just -- you 24 a holiday. And at that point, you know, it was going 24 know, I don't -- if I can't substantiate something, I 25 to be business as usitai. 14e was going to conie back to 25 don't want to Tephrase it again. Page 15 Page 17 i work aind he was going to go on, because the doctor I Q. Let me ask you about some specific rules. I 2 indica*d to him that it shouldn't get infected or be 2 want to switch back to the hammer and what was being 3 a probicin. 3 done at the time. As far as you're aware, was anycrne 4 Q. Did Mr. Melvin indicate he was having any 4 charged with any rule violation arising out of the 5 discontfort in his thigh? 5 incident? 6 A. He said he felt a tick or something. He 6 A. Well, like I told you before, he reports to 7 said it felt like a click or soniething. 7 Donald Hodges, and so I wouldn't be involved in any of 8 But as far as -- he said it didn't bother 8 that type of activity. 9 him w&Mng, or he wasn't in any other kind of pain. 9 Q. So if there was a rule violation for anyone io But he said it felt like it was a little click. So 10 to be chargrd with, it would have been Mr. Hodgrs -- i ithat's when he thought fl= was something there. I Iwell, would have most likely been Mr. Hodges who would 12 At first he dickn't think therc was anything 12 have made the decision? 1 3in them, and then he said he felt like we ought to 13 A. Yes. 14 have it checked out, because it @ght be something 14 Q If MT. Kinzer violated any rule the way he 15 there. 15 was doing the work, Mr. Hodges would have been the one 1 6 Q. TWs was on -- I guess Labor Day was 16 to charge him, since he was a mechanic under his 17 probably a Monday -- well, it was a Monday. Right? 17 supervision' 18 A. Right. 18 A. That's right. He would be his direct 19 Q. So did he come to work the next day? He 19 report. 20 indicaled he was going to try to work. Right? 20 Q. if Mr. Melvin violated any rule, would that 2 1 A. Well, he did work. And I can't tell you 21 still also be for Mr. Hodges to decide, or would it 22 exactly how long he wotked, but he did work for some 22 come under your -- 23 iime afier that. 23 A. No. Mr. Melvin worked for me. 24 Q. Did you have any involvement with him next 24 Q. So if he violated so@ng, you would, of 25 as to *hcn that chatkged? Did lr call you at any time 125 course, have been the one to make a &cision. Page 14 - Page 17 Daiwy Reporting Serviccs-1450 Main S@-Princeton, WV 24740 Mdvin v N & W Multi-Page James Gearhart 12/15/95 Page 18 Page 20 1 A. That's correct. I would use a softer hanuner, just as if you use a hard 2 Q. And he didn't violate any rule of any kind, 2 hammer, you are striking against sofl-r material, such 3 that you're aware of.' 3 as bolts. But I don't know the content of the -- I 4 A. No- 4 didn't get involved in the review of that. 5 Q. Let me show you this rule here, Rule 1200, 5 You don't strike hard to hard. You strike 6 and ask you if you're familiar with that rule? 6 hard to soft, or with soft to hard. 7 A. Yes. 7 Q. The soft type metal generally is less likely 8 Q. Is that a Norfolk/Southern rule that was in 8 to sliver. Is that the basic thought there? 9 effect at the tijne of Mr. Melvin's accident, and well 9 A. YeS. jo before'? to MR. SHAPLRO: we'll just mark this as 11 A. Yes. ii Exhibit No. 5. 12 Q. And for ft record, it's Rule 1200. 1 think 12 (Gearhart's Exhibit No. 5 was 13 he may have identified it before. It says, "Employees 13 marked foT identification.) 14 must not use tools. macwnery or appliances that are 14 BY MR. SLLAPIRO: i5 improperly assembled, defective or improvised, nor use 15 Q. Arc you aware that Mr. Melvin has not 16 thein for other than @ intended purposes." 1 6returned back to work? 17 Would Mr. Kinzer have violated that rule in 1 7 A. I think Mr. Melvin worked about two weeks, 1 8usiiig that hanuner? i 8or maybe more. He worked during September of that 19 A. He wouldn't have used the hammer. No. ig year, and I don't believe Mr. Melvin has worked since 20 Q. I mean, it certainly was improvised, wasn't 20 then. 21 it, in that the welding on the hairuner -- 21 Q. Have you received any reports about whether 22 A. Well. the welding on dw hammer, that was a 22 he can work or not, in his condition? 23 practice that people used to do to identify their 23 A. I don't know that I've received a report, 24 hammers, to keep soniebody cise from taking it from 24 myself. No. I don't believe I've secn one. 25 thein. You'rc talking about indentations on the end of 25 MR. SHAPIRO: That's all I have. Page 19 Page 21 1 the haiyuner. would have been my objection to using theI MR. ADKINS: i have no questions. 2 hammer. 2 The saine. You have a right to read and 3 Q. And would that fall under the words -3 sign, or you may waive. 4 "defective tools" in the rule, in yolir opinion? 4 TIIE @FSS: i'll just waive it. 5 A. YeS. 5 (Witness excused) 6 MR. SHAPIRO: Let MC Mark this as 6 (Whereupon, at 11:30 a.m., EST, the 7 Exhibit No. 4. 7 foregoing deposition was concluded.) 8 (Gearhart's Exhibit No. 4 was 8 9 marked for identification.) 9 10 BY MR. SHAPIRO 10 I I Q. Let me show you one other rule, MT. I I 1 2Gearhart. Rulc 1230 is the one I want you to focus 12 13 on. It has to do with, I guess it's general use of 13 14 hanuncrs. Can you take a moment to read that? 14 15 A. Okay. 15 16 Q. Where Mr. Kinzer was hanimering onto the 16 13 bulldozer part, would that be a hardened bolt, pin, 17 18 bushing, or a hardened object? 18 19 A. Not necessarily. Not necessarily. I don't 19 2o know the content of the parts that he was hammering. 20 21 Q. If it was one of those types of objects, 21 22 would the rule set forth that he should have used a 22 23 cooper, nylon or other non-spalling soft hammer for 23 24 what he was doing? 24 125 A. If he was s@ng har&-ned r)ieces, then he 125 g S@ces-1450 Main S@-Princeton, WV 24740 Page 18 - Page 21 Jams Gm@ Mulfi-Page Mel@vN&W 12/15/95 -'.TATE OF WIST @l@;;Ir'IA @T@TE AT LARGE, f@s@ I P@, p.t Ii@ I,h" @,.d f@@ lillill. 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W@,.@y P.bli@, St@t. f li@lili. @l L.19. @4 10, 2003. 23 N I E X 4 8 B, w .ITNESS SHAPIRO J,1.13 G.. 3 14 E 15 -.EAR@T'S F@R CENTRFICATION III EVIDENCE I 9 .1 4 21 22 23 22 24 25 ,Page 22 - Page 23 Daisey Reporting Servi@1450 Main S@-@c&on, N" 24740 Position Title; Division Engineer Company: Norfolk Southern Location: Bluefteld, NV r ' Maintenance Resz)onsibility No. 628/31242 Job Position No,: 00368 (p eolt-h@ Reports To@ Chief Engr Line Maint., North (Incumbent:'s Signature) Approval: (Supervisor's Signature) Notes: BASIC FUNCTION: The Division Engineer is responsible for planning and supervising effective daily track and structures maintenance operations and recommending program maintenance priorities on the Pocahontas Operating Diviston. This position is also responsible for the safety of personnel and for ensuring safe train operations while conducting maintenance operations. This position requires a thorough knowledge of train operations, engineering principles and railroad maintenance practices. Nonaoreement Contract Total Employees directly supervised 3 0 3 Employees indirectly supervised _a m m Totals 23 350 373 Territory: 1,419 mainline track miles with 926 bridges (25.79 miles), 100 tunnels (19.99 miles), and 6745 culverts in 4 states. 1989 Operating Expense Budget: $18,986,000 1989 Bridges and Structures Capital Projects Budget: $ 1989 Total: $19,943,000 PRINCIPAL ACCO] 1. Ensure effective and safe general maintenance of tracks, structures, roadbed, and right of way in cornpliance with Cornpany, federal and state standards. 2. Provide timely, efficient and effective maintenance service for sudden damage of track and structures in order to ensure continuity of train operations. 3. Determine long and short term maintenance requirements and recommend maintenance programs and budgets which best address those requirements. TION Position Title: Division Engineer p ABILITIES: (cont'd) 4. Achieve a good safety performance for personnel under his jurisdiction. 5. Train, develop and motivate employees to perform properly and efficiently in order to achieve objectives. 6. Protect, represent, and advance the Ccwnpany's interest in the best manner possible in dealing with other businesses, individuals, or Governmental agencies. NATURE AND SCOPE: This position reports to the chief engineer line maintenance along with three other division engineers. The incumbent is responsible for the operation of the line maintenance activities of the maintenance department on this division. He must supervise, carry out, and rtcmmnd effective track and structures maintenance programs through proper planning and direction of employees under his jurisdiction. He is accountable for operating within the limits of his budgets. The positions of assistant division engineer, assistant division engineer-bridges, and assistant to the division engineer and assistant to the division engineer report to the division engineer. In turn, the track supervisors, assistant track supervisors, bridge and building supervisors and the chief clerk report through the above positions to the incumbent. The incumbent is responsible for directing daily track maintenance and bridge and structures maintenance in such a manner that the safe and efficient operation of trains is accomplished. The incumbent must be thoroughly familiar with engineering principles and railroad maintenance practices and have career experience in those areas. The Incumbent ensures that labor material, and equipment are available and efficiently utilized to accompli;h this objective. In addttion, the incumbent is responsible for coordinating activities in conjunction with program maintenance work. Such activities include unloading material and ballast ahead of system gangs and right of way cleanup behind system gangs. The incumbent also directs construction of most new tracks on the division. Incumbent is responsibl-e for the coordination, scheduling and planning of the construction work on his division, including approval or acceptance of work and material used in construction. Through the assistant division engineer bridges, the incumbent directs the activities related to the maintenance. construction, and reconstruction of train carrying structures. Division Engineer NATURE AND SCOPE: (cont'd) The incumbent spends approximately 70% of his time traveling throughout his division, which necessitates frequent overnight trips. The largest portion of this traveling is to inspect track and structures and to c(>ordinate and advise local supervision of the various work activities. On occasions when derailments or acts of God obstruct track, halt traffic or otherwise cause delay or stoppage of trains, the incumbent is responsible for obtaining the necessary forces, equipment, supplies, etc. to assist in restoring traffic. The incumbent must be familiar with various labor agreements. He is responsible for building, leading, and motivating an effective organization on his division, thereby creating a working atmosphere which results in harmonious employer - employee relationships. He must ensure that an effective safety program is in place and that Maintenance Department goals are achieved. He must be thoroughly familiar with Norfolk Southern Safety and Operating Rules, MW&S Standard Procedures and various federal, state and local government rules and regulations. Furthermore, he must establish and maintain effective working relationships with division officers of other railroad departments in order to coordinate maintenance activities. The incumbent is in daily contact with the chief engineer line maintenance and receives policy guidance frorn him. He holds periodic staff meetings with local supervisors in order to communicate matters of policy and general interest and further keep up to date with activities. 19 .9@ NORFOI-K SOUTHERN REPORT OF F-ERSONAL INJURY/ILLNLtS INCID.N 114CIDENT NUMPER - NSP099304357 INITIAL REPORTING TSAR ATE 09-02-93 TIME Oi43F'M LOCATION - WOODMAN, KY FACILITY 62 SUBSIDIARY NW TO: DWR -ATLANTA-GA/CLP DET -ATLANTA-GA/MWMTC JDG -BLUEFIEL-WV/SEC BRT -BLUEFIEL-WV/DSUPT MELVIN JR, W B EMF,LOYEE ON DUTY SSN 223-40-i560 424 MOUNTAIN VIEW AVE BLUEFIELD, WV 2470i 59 YEARS OLD 5 FT 09 INCHES TALL 208 POUNDS R)PERATOR-MACHIN DEPT. - ENGINEERING-MAINTENA SENIORITY DATE - 08/25/69 REST DAYS - SAT SUN 006 MD AREA/ASSGN. REGULAR ASSGNM HOURS ON DUTY - 03 REST HOURS F'RIOR TO THIS TOUR DUTY - i4 F'LACE OF INCIDENT - STATE - KY MILEPOST - F'D-2.7 DIV - F'OCAHONTAS DIVISIO INCIDENT DATE - 09-01-93 TIME 0925AM WEATHER - CLOUDY 83 DEGREES DAY ACCIDENT TYPE - STRUCK BY BODY F,ART -LEG RIGHT INJURY TYPE - ABRASION ACTIVITY -STANDING OBJECT OF ACTIVITY - HAND TOOL SOURCE OF IN,IURY -HAND TOOL F-ROTECTIVE EQUIP - HARD HAT, EYE, HEARING, RESF-IRATORY, FOOT PROTECTION L-OST DAY NO LOST DAYS REST DAY NO RESTRICTED DAYS TYPE OF MEDICAL ATTENTION - FIRST AID DESCRIF'TION OF TREATMENT: DECI-INED TREATMENT AYSICIAN/HDSF'ITAL - ,IDDRESS - EMPLOYEE DESCRIPTION OF INCIDENT: I WAS STRUCK IN MY UPF'ER RIGHT LEG BY F'IECE OF METAL WHEN MECHANIC KINZER WAS DRIVING ROLLER PLATE WITH @iO SLEDGE HAMMER ON BDL-670i WAS EQUIF'. INVOLVED IN INCIDENT? - NO INITIAL/NUMBER - TYF'E RAIL EQUTP - NONE WAS EQUIPMENT DEFECTIVE? - NO WITNESS TO INCIDENT: I(INZER, M E 1085 LOW GAP ROAD PRINCETON, WV 24740 DESCRIPTION OF HOW INCIDENT OCCIJRRED: EMPLOYEE WAS ASSISTING MECHANIC KINZER REPAIR D 2ER 6DL Oi. MR. KINZER WAS USING A @@iO SLEDGE HAMMER TO DRIVE ROLLER pEATE ONT OLLER. MR. MELVIN WAS STANDING S' DIRECTLY BEHIND MR. KI@ER I@EN@,N ALLEGED PIECE OF METAL CAME FROM SOMEWHERE STRIKING MEL.VIN T@ THETRONT'MIDDLE OF HIS RIGHT THIGH 32* FROM THE GROUND. SIGNATURE - @l. D. GEARHART TITLE- DIV13IO@NGINEER REC&CIVED SEP 9 IM OFF!CE CW DISTPICT CLAIPA A@- Uf NORFOI.K. VIRGINIA USING TOOLS, APPLIAMMS AND MACHINES 1200. I-'stipl(lyccs liousi niti use it)(Ols. iiuochirbcry aw oW@t.,s ihal are issapnqvrly a%%Lisibial.dL(#-ttive(wiisqw(wv@.rkitusclhLiii fiii ti(lk:r thdn cht.,ir irdcndld puriu.@,%.