The Code of Federal Regulations § 229.43 (a) is a regulation that protects railroad workers by requiring that diesel fume exhaust be released outside the cab of the locomotive in such a way that it does not enter where the workers are located. It states:
“Products of combustion shall be released entirely outside the cab and other compartments. Exhaust stacks shall be of sufficient height or other means provided to prevent entry of products of combustion into the cab or other compartments under usual operating conditions.”
This regulation was intended to keep workers safe from toxic diesel exhaust, which can cause cancer and lung disease. The lawyers at Doran & Murphy have had several cases in Cleveland, Ohio where the court found that where a railroad fails to provide means to prevent diesel fumes from entering the cab, it is in violation of this regulation and is responsible for any resulting injuries to its workers. This regulation, however, is nationwide. The same regulation applies to railroads in every state.
There may be a long lapse of time between exposure to diesel fume exhaust and an injury to develop. In cases where an employee is exposed to diesel exhaust over long periods of time, resulting in an injury, the employee may be able to bring an action against the railroad under the Federal Employers Liability Act.
If you are a railroad worker who has been injured by exposure to diesel fumes or diesel exhaust, please feel free to call us for more information at 1-800-374-2144 or contact us through email.