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CSX, Norfolk Southern, and Other Rail Companies Looking at “Greener” Engines, but Appear to Neglect Health of Rail Workers.

Green technology initiatives are making their way to the locomotive industry. CSX recently purchased 15 "ultra-low emission" locomotives known as N-ViroMotive GenSet, produced by National Railway Equipment. These trains apparently emit 90 percent less nitrogen oxide and particulate matter, according to the Washington Post. CSX remarked how this new technology would help with improving air quality in areas surrounding rail yards, but they conveniently forgot to mention how this would affect the people directly exposed to toxic diesel and related fumes - their own rail workers.

We continue to see a general neglect for the safety and consideration of rail workers by these big companies. Another example is Norfolk Southern, which recently released a "zero-emission" prototype train which relies exclusively on lead-acid, 12 volt batteries. Once again, Norfolk Southern touted the effects this could potentially have on the environment, but not one word on how a train filled with lead-acid batteries could affect the rail workers who will have to operate and handle these batteries (which are known to explode and leak toxic fumes).

Another interesting omission from the rail companies PR of these "emission reducing" locomotives is diesel fume lawsuits, industrial asthma and growing proof of an increased risk of developing lung cancer from the carcinogens in diesel fumes.

It's taken quite a long time for the rail companies to take this issue seriously. Back in 1955, a railroad industry attorney gave a formal presentation entitled "potential dangers from exposure to diesel locomotive exhaust." Referring to the gases that made up diesel exhaust, the railroad defense attorney lecturer, Mr. Straub stated "it appears that continuous or prolonged exposure to atmospheres containing any of the above mentioned gasses in excess of the established maximum could initiate harmful results." Here we are over 50 years later and this is still a major issue.

There have been dozens upon dozens of railroad worker FELA claims filed since 1995 asserting adverse lung disorders caused by diesel exhaust fumes, with many settlements, and other claims winding their way through the nation's courts. As information grows about the harmful and carcinogenic agents hitching a ride on the particulates that comprise diesel exhaust fumes, rail companies and physicians need to take a much closer look at the harmful impact of diesel fumes on contributing to bladder cancer, lung cancer, and decreased lung function.

Decreasing nitrogen oxide is a good thing. Decreasing emissions is a good thing. But if you're still emitting harmful exhaust fumes that are potentially killing your workforce (albeit slowly), then now is not the time to pat yourselves on the back and try to present your company as a forward-thinking innovator in green rail technology. This important issue needs to be addressed. The safety and long-term health of your employees is at stake.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have handled hundreds of FELA (railroad worker injuries) and general railroad injury cases. Please take a moment to review our railroad injury case results and visit our Railroad Accident/FELA Lawyers Blog. Our primary office is in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. While not every injury case meets our criteria,  we off a free, initial confidential injury case consultation, so call us toll free at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will return your call promptly.  

Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, and along with attorney John Cooper, were named Virginia "Super Lawyers" For Personal Injury Law  (2010 Ed., less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We would like to send you one of our free reports about railroad injury and FELA cases, including the Do's and Don'ts When Injured at a Railroad - The Railroad Workers FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service.

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