My partner, Rick Shapiro, just settled a FELA case involving a conductor who contracted diesel fume asthma, his doctor believed was caused mainly by years of  railroad engine diesel fumes at work.  A series of railroad regulations enacted under the Locomotive Inspection Act require that railroads provide locomotives that are safe in general, or that will not allow diesel or toxic fumes to enter the engine cab. The general safe engine provisions are violated if the railroad employer allows asbestos fibers to injure or cause disease, if toxic fumes from any source get in the cab, as this is certainly not considered an engine that is safe enough to avoid worker injury. The regulations prohibit fumes entering the cab, require exhaust stacks on engines to be of sufficient height, and require proper ventilation.  Click here to read both a longer article, and an actual legal brief outlining the locomotive engine regulations involved in toxic, hazardous substances getting in locomotive engines (this may involve asbestos in engines, read the article to learn why).


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