Diesel Fumes and Cancer

A new study that explores the link between diesel fume exposure and the development of cancer is about to be released.  However, it is being held up by industry lobbying groups and a Congressional committee.  The industry lobbying groups represent trucking concerns.  It is already well established that diesel fumes are a potential carcinogen.  Our personal injury law firm has represented railroad employees who have made claims under the Federal Employer’s Liability Act (FELA) for cancer that resulted from decades of exposure to diesel exhaust from locomotive engines.  Railroad employees probably have more exposure to diesel fume exhaust than most other industrial workers because the equipment used by railroad employees, particularly the locomotive engines, is known for copious amounts of diesel exhaust production.

Many locomotive engineers and conductors work in areas where there are long railroad tunnels and they have to breathe in diesel exhaust while riding the locomotive engines in the tunnels.  Most engines are not equipped with any type of air filtration system.  In fact, until recently, most engines did not even have air conditioning systems.

Under the FELA, claims for damages from cancer are feasible because the FELA has a relaxed standard of causation.  If it can be shown that there was railroad negligence, such as the failure to prevent excess diesel exhaust exposure, and that such a failure was a cause in part of the medical problem, the employee may recover damages.

The new study apparently confirms the link between exposure to diesel exhaust and health problems.  It is being scrutinized by industry groups because there is a fear that such results could lead to more extensive regulation of the workplace.  Instead of fearing such results, employers should be moving forward to reduce diesel emissions voluntarily.  If there is health hazard, industry should not wait for government regulation.  It owes the worker on the job a duty to be proactive on such health issues.

Railroad workers can collect for injuries. Call the law firm of Wilson & Hajek.