OSHA Cannot Issue Citations Relating To Employee Work On Rail Cars, Eighth Circuit Says

Seyfarth Synopsis: In MFA Enterprises, Inc. v. OSHRC, No. 24-3107 (8th Cir. 2025), the Eighth Circuit Court of Appeals vacated OSHA citations related to hazards faced by employees working on top of rail cars, finding these hazards outside of OSHA's statutory jurisdiction.

The Federal Railroad Administration ("FRA") and federal Occupational Safety and Health Administration ("OSHA") traditionally split jurisdiction over working conditions on rail equipment. Pursuant to a 1978 Policy Statement, OSHA confusingly exercised jurisdiction over conditions "not rooted in railroad operations." In effect, this meant that OSHA enforced safety standards for rail operations at worksites otherwise owned and managed by General Industry employers, while the FRA inspected and enforced its regulations on railroad worksites, such as property and easements owned by rail companies.

As a result, OSHA has issued fall protection violations for employees working at heights above four feet on rail cars under its walking working surfaces standard, and has enforced citations relating to rail movements (e.g., "fouling" the tracks) under the OSH Act's General Duty Clause.

Now, a federal court has turned OSHA's approach on its head, finding that OSHA lacks statutory jurisdiction to regulate and enforce fall hazards atop rail cars, regardless of where the rail cars are staged. The U.S. Court of Appeals for the Eighth Circuit recently vacated an OSHA citation against MFA Enterprises, Inc. ("MFA") for failing to ensure employees wore fall protection while working atop railcars. The court held that the Federal Railroad Act preempts OSHA's jurisdiction over working conditions on railcars, reversing a prior decision that imposed a $122,878 penalty including willful violations.

Key Employer Takeaways and Recommendations

The Eighth Circuit oversees federal courts in seven central states: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. The Court's opinion is not binding over courts in other states, but it is unambiguous and likely to be persuasive in other jurisdictions – both state and federal. Therefore, employers who receive OSHA citations related to work on top of rail cars should raise jurisdiction and preemption as defenses. Other citations relating to rail cars, rail car movement, and work around railroad properties should be similarly defensible. Jurisdiction can be raised at any time, and jurisdictional and preemption defenses can be raised for citations already under contest.

While OSHA's jurisdiction was preempted, FRA rules still prescribe measures to protect employees, and employers still face the risk of FRA enforcement for rail accidents. The FRA's railway safety regulations outline minimum federal safety standards for railroad inspection, maintenance, and construction activities, though the FRA's fall protection requirements notably only apply to railway bridge workers. These standards aim to prevent accidents and casualties during rail operations.

Like OSHA violations, employers should note that FRA violations carry significant consequences, including civil penalties.

Why Employers Should Still Act

Legal preemption does not eliminate the existence of hazard or the legal risk for unsafe work conditions. Falls from railcars or elevated surfaces can cause severe injuries or fatalities—risks that increase during winter when surfaces are icy and visibility is reduced.

Best Practices for Employers:

• Maintain and enforce OSHA-compliant and FRA-compliant fall protection systems wherever feasible.
• Conduct hazard assessments for tasks involving elevated work.
• Provide regular training emphasizing FRA requirements and safe work practices.
• Monitor winter conditions and implement additional precautions, such as de-icing and slip-resistant footwear.
• Continue to report and/or record injuries relating to work on a rail car. We recommend that employers record and report rail-related incidents. However, we recommend framing any railcar incident as one outside of OSHA's jurisdiction during the report. While the FRA has its own reporting obligation, it only applies to railroad employees.
• Initiate and enforce employee compliance through periodic supervisor walkarounds of the rail yard during each shift to observe whether employees are utilizing the employer's fall protection devices and practices.
• When the supervisor observes instances of non-compliance during the walkarounds, take immediate action to correct the employee's behavior through counseling or other forms of appropriate disciplinary action, with documentation of such action where necessary.

Proactive compliance with OSHA standards, FRA regulations, and American Associate of Railroads (AAR) industry standards not only avoid penalties, but also protects workers and demonstrates a strong safety culture.

Employers should assert appropriate defenses to OSHA inspections and citations. The jurisdictional argument raised by MFA and blessed by the Eight Circuit likely can be raised in other cases where non-OSHA federal agencies could take jurisdiction over occupational safety, including rail cars, locomotives, yard dogs, over-the-road tractors and trailers, boats, and barges.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.