CSX Transportation Safety Page

CSX employee claims severe injuries

9/25/2008 12:26 PM By Kelly Holleran

A former railroad worker has filed suit against CSX, alleging he had to have spinal surgery after performing his job for the company.

Jimmie R. Soloman worked as a maintenance of way employee for CSX from 1980 until 2006, according to a complaint filed Sept. 17 in St. Clair County court.

During that time, he sustained severe injuries and had to have spinal surgery, the suit states.

Soloman also claims he injured the muscles, discs, bones, tendons, ligaments and nerves of his spine and right arm.

He also sustained an aggravation of a pre-existing condition to his spine and right arm and was in pain and suffering, according to the complaint.

Soloman has incurred medical costs and permanent disability and disfigurement and has lost substantial money, his earning capacity and a normal life, the suit states.

Soloman claims CSX was negligent because it failed to provide him with a reasonably safe place to work, reasonably safe conditions for work, reasonably safe methods of work and reasonably safe equipment for work.

The company also failed to properly train Soloman, failed to warn him of the true nature of the hazardous affects of long-term employment as a maintenance of way employee and failed to adequately test his physical condition before placing him in the job, according to the complaint.

CSX assigned Soloman to duties it knew would aggravate his pre-existing condition and that were beyond his physical capacity, the suit states.

Soloman alleges the company failed to conduct physical examinations to determine his condition and required him to perform repetitive tasks of heavy and awkward physical labor it should have known would aggravate his pre-existing condition.

Soloman is seeking a judgment in excess of $50,000, plus costs of the suit.

Ryan Brennan of The Brennan Law Firm in Belleville will be representing him.

FRA says CSX harassed workers

Federal rail regulators, in a stinging report on safety practices at CSX Transportation, say the officials at the railroad created a "chilling" atmosphere discouraging workers from reporting injuries and that actions by CSX officials likely have violated the law. So reports Traffic World magazine on April 25.

The Federal Railroad Administration said the alleged violations "cannot be treated as proven." But the report said the agency's Office of Safety is recommending 30 civil penalty violation assessments against the railroad and a single assessment of individual liability against a CSX officer.

The FRA said it is issuing warning letters to CSX officials, including warning letters from the FRA's Office of Chief Counsel.

CSX, in a letter by Executive Vice President and Chief Operating Officer Tony Ingram sent to the FRA last October and included in the report, said it has undertaken "remedial actions" in response to the incidents that were investigated and "to prevent such conduct from occurring."

Sent to Congress this week, the report came after an investigation into allegations from rail unions that CSX has harassed and intimidated workers, discouraging workers from reporting on-duty injuries and from receiving proper medical treatment.

"The consensus of the investigative team was that certain CSX officers had created an atmosphere or culture that tends to have a chilling effect on employee injury/illness reporting and that ultimately sends a message to employees that if they report an on-duty injury, they will be subject to adverse consequences," the report said.

The FRA report said investigators found CSX field officers often discuss federal reporting standards with workers who have been injured and "will sometimes 'remind' an injured employee" that a reportable injury would be included in personnel records and "may have an adverse effect on his or her career."

"This behavior violates the law," the report said.

A spokesman for the railroad said Friday the railroad "does not tolerate harassment and intimidation of employees" and "we have taken appropriate action where we have identified isolated instances of that behavior."

Spokesman Gary Sease noted CSX has reduced employee injuries by 46 percent since 2004, saying "we have a culture of safety in this company."

Railroad Workers United

CSX Transportation Safety Page