Templeton v. Chicago & Northwestern Transportation Co.

I respectfully dissent because, in my opinion, under the facts of this case, the Federal Railroad Administration (Railroad Administration) has preempted the application of the Federal Occupational Safety and Health Administration (OSHA) “fall-protection” regulations.

As the majority correctly notes, the Railroad Administration is the primary agency responsible for regulating the railroad industry. Congress enacted the Federal Railroad Safety Act of 1970 (45 U.S.C. §421 et seq. (1970)) for the purpose of providing “comprehensive and uniform safety regulations in all areas of railroad…