September 2, 2025
Kyle D. Fields
Chief Counsel
Federal Railroad Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
RE: Allowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses
Docket No. FRA-2025-0122
Mr. Fields:
On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Federal Railroad Administration’s (FRA) notice of proposed rulemaking (NPRM) regarding the electronic posting of reportable injuries and occupational illnesses. TTD consists of 39 affiliate unions representing workers in all modes of transportation, including rail workers who will be directly affected by this proposed rule.[1] We respectfully request that the FRA modify its proposed rule. In addition, we endorse the comments filed in this docket by our affiliates, the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).
Current regulations require railroads to post a listing of all injuries and illnesses reported to the FRA in the preceding 12 months in a “conspicuous location at that establishment.”[2] This posting must include information on the location, severity of the incident, and the occupation of the employee. This NPRM would allow Class I railroads to replace the physical posting of the form with an electronically available version after having met certain conditions.
The availability of required postings is of substantial importance to the freight rail workforce as it provides necessary transparency to workers on the safety culture of their employers. The required proactive posting of accident and illness information in crew rooms and other facilities generates important conversations that promote a safer work environment. Whereas employees may spend their workdays at different places within a yard or facility, the presence of the physically posted form allows employees to be well-informed of safety issues across craft, location, or shift. Furthermore, scenarios will emerge where employees could work multiple shifts having been unaware of existing health and injury concerns simply because they did not have the time or ability to access their employer’s web portal. A notice in the crew room or a carrier-driven job safety briefing provides the necessary redundancy to avoid these types of situations and ensure rail workers have the information they need to perform their duties as safely as possible.
Additionally, the U.S. Department of Labor (DOL) and other federal agencies continue to require information about certain employee rights and employer responsibilities to be physically posted in many places of employment. For example, private employers engaged in a business affecting commerce must display a physical copy of a poster from the Occupational Health and Safety Administration (OSHA) titled “OSHA Job Safety and Health: It’s the Law.” Many of these employers are further required to post the Summary of Work-related Injuries and Illnesses (OSHA’s Form 300A) in a visible location so that employees are aware of the injuries and illnesses that occur in their workplace.[3] The posting of workplace safety information is a requirement across numerous industries and is especially important for employees working in dangerous occupations, like railroading.
We are supportive of efforts to make material such as injury/illness forms more readily accessible to workers in multiple formats. The gravity of the potential consequences for not properly and promptly communicating this information justifies some redundancy on the part of the employer and a proactive approach as required by 49 CFR 225.25(h). As such, we urge the FRA to maintain the current requirement of physical posting of accident and illness information.
We appreciate the opportunity to comment on this proceeding and look forward to working with the FRA in the future.
Sincerely,
Greg Regan
President
[1] Attached is a complete list of the unions affiliated with TTD.
[2] 49 CFR § 225.25(h)
[3]https://webapps.dol.gov/elaws/firststep/poster_direct.htm?p_osha=1&_ga=2.137110256.1989007652.1706896391-777577199.1704832568