Illinois Law For Walkways at Switching Yards Not Preempted by Federal Statute
It’s not every day that we get to scoop the Train Law Blog, so today is special. With the economic stimulus package passed and the potential for infrastructure projects moving in Illinois… albeit slowly… we are pleased to report on a little known law that could generate some revenue and increase safety for those building and working in train switching yards.
An Illinois statute (625 ILCS 5/18c-7401.1) in effect since July of 2004 that allows for the Illinois Commerce Commission to enact standards for safe walkways in areas around railway yards (which they’ve done) has been upheld by the 7th Circuit.
In Norfolk Southern Railway Company v. the Illinois Commerce Commission (Doc. No. 08-116), the railway argued that the state laws and requirements for standards in the construction of walkways between tracks at switching areas was preempted by a federal statute. It’s important to first look at how railway tracks are usually built:
The railway claimed that not only did the federal law cover the standards the Illinois law sought to impose (it didn’t) but also that the changes Illinois required for worker safety would, in fact, worsen the safety of the workers and the trains by allowing drainage that could damage the layers of ballast and sub-ballast under the tracks.
It is important so something like this doesn’t happen:
But the argument went nowhere with the court. Absent some showing of evidence that the walkways, as required by the state, would cause the damage, or that the federal statute somehow did discuss the matters involved the railway’s argument was unfounded given the language of the federal statute.
So, let’s hope that some jobs can be created bringing railyards up to code.
