In late November 2013, a commuter train traveling through the Bronx in New York derailed off a sharp curve at 82 miles per hour, killing four people. A subsequent investigation revealed that the Metro-North engineer behind the controls that day had suffered from a previously undiagnosed severe obstructive sleep apnea, a condition that causes severe drowsiness even throughout the day. Despite the condition, the engineer had passed all medical exams required by the rail company.
In another highly concerning incident, a Union Pacific engineer with a history of epileptic seizures blacked out while driving a train, crashing it into a Nevada warehouse. The same engineer suffered a seizure at work in November 2008 but was back on the job less than five months later, after one of two neurologists who examined him cleared him to return to duty. This flies in the face of recommendations by interstate trucking and bus industry regulators that anyone who suffers a seizure go at least 10 years without a relapse and without taking seizure-related medication before being allowed to return to work.
These incidents shed light on the fact that, unlike the airline, trucking, bus and merchant marine industries, the rail industry lacks any federal regulation requiring employees who play crucial roles in public safety to be screened for medical conditions that make it tough to stay alert throughout their work shifts or to disclose prescription or over-the-counter medications they’re taking that may affect their alertness and job performance.
The issue is becoming increasingly critical, according to the National Transportation Safety Board. Officials there say they’ve investigated eight rail accidents in the past 15 years that have involved employees’ medical conditions. These have resulted in 12 deaths and 97 injuries.
To its credit, the FRA has been lobbying for a congressionally mandated effort to tighten its rules concerning worker fatigue over the past few years, but those efforts have been hindered by disputes among railroads, labor unions, safety advocates and physicians. Meanwhile, Senator Richard Blumenthal of Connecticut has been vocal about intentions to push for action on medical standards and fatigue prevention in the industry this year.
We here at Rail Justice call upon industry and safety officials to do whatever it takes to improve safety of railway workers and passengers. If you suffer an injury or loss believed to be caused by a railway worker’s fatigue or medical condition, or if you suspect a worker’s performance is hindered by such an issue, report it. Then, call 888-519-RAIL and speak to an attorney specializing in railroad injury law.
