Minimizing Liability in Your Team’s Remote Workplace
- On May 4, 2020
By: Carlin Comerouski With the widespread issue of COVID-19 “Shelter-in-Place” orders, much of the nation’s workforce has transitioned to a virtual work environment over the past few months. For many employers, this was a sudden (and perhaps unwelcome) shift into unfamiliar territory. And rightfully so– although telecommuting provides many benefits and opportunities, remote work arrangements
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FRA Issues Final Part 270 Rule Requiring System Safety Programs For Commuter And Intercity Passenger Operators, Amends Part 271 RRP Rules To Conform The Two Rules
- On March 6, 2020
By: Michael Barron FRA has issued a final rule, effective May 4, 2020, requiring commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. A SSP is a “structured program with proactive processes and procedures, developed and implemented by commuter and intercity passenger
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FRA Issues Final Risk Reduction Rule
- On February 18, 2020
By: Michael J. Barron FRA has issued a final rule, effective April 11, 2020, mandating that each Class I and any railroad deemed to have an inadequate safety performance develop a Risk Reduction Program (RRP). An RRP is a comprehensive approach to safety “that determines a railroad operation’s level of risk by identifying and analyzing
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To Notarize, Or Not To Notarize — That Is The Question!
- On January 31, 2020
By Liza Bryant The attorneys at Fletcher & Sippel often call upon their clients and other witnesses to provide them with various forms of signed attestations, affidavits, and declarations that either verify the truthfulness of written discovery responses, or offer support to motions and other pleadings filed with the court. And, in many cases,
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Appellate Court Rules a Handling Carrier Agreement with no Termination Clause is Terminable at Will Upon Reasonable Notice Under IL Law
- On January 14, 2020
Michael J. Barron On January 3, 2020, the US Court of Appeals for the 5th Cir issued an important opinion on contract rights under Illinois law, and set precedent for other states faced with interpreting if and how parties may terminate a contract of perpetual duration. In this case, a Class I railroad sold a
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FRA Proposes To Revise Its Regulations For Minimum Track Safety Requirements
- On January 6, 2020
Janet H. Gilbert FRA’s proposed changes for track safety include: (1) allowing rail inspection using continuous rail testing and subsequent field verification within a specified period in lieu of “stop and verify” inspection; (2) incorporating in Part213 two existing waivers regarding track frogs to allow the use of flange-bearing frogs in crossing diamonds and
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FRA Issued A Final Rule Delaying Implementation Of Its Part 243 Training Rules For Class II And III Railroads And Contractors
- On January 6, 2020
Janet H. Gilbert The FRA responded to a Petition for Rulemaking submitted by the ASLRRA and the National Railroad Construction and Maintenance Association, Inc. by agreeing to delay the implementation of its Part 243 Regulations for Training, Qualification and Oversight for Safety-Related Employees for all contractors, and those Class II and III railroads that
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