Today, OSHA posted its latest LOI. This one was regarding railroad track employees and roadway maintenance groups and the need to provide sanitation facilities for these workers.
Question: Do OSHA’s sanitation requirements apply to railroad track employees and roadway maintenance groups that are working along the tracks?
Answer: Yes.
Under section 4(b)(1) of the Occupational Safety and Health Act (OSH Act), “nothing in this Act shall apply to working conditions of employees with respect to which other Federal Agencies […] exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.” 29 USC 653(b)(1). The Federal Railroad Administration (FRA) regulates railroad track work but has not promulgated regulations regarding sanitation facilities for roadway workers or other employees engaged in track or other work along a railroad’s right-of-way. As such, FRA does not preempt OSHA under section 4(b)(1) of the OSH Act regarding sanitation requirements for railroad track employees or roadway maintenance groups that are working along railroad track.