A Major Flaw in Safety Regulation

Posted by Alex Law.

A lawsuit had been filed on Wednesday, February 14th, against the New York and Atlantic Railway Company for the unfair treatment of 18 railway workers. According to one of the railway workers, Mario Pesantez, the railway company has denied the workers safety equipment, as well as withholding proper training. Furthermore, Pesantez claims that he was told to attend his work station by climbing over a chain-link fence by his employers. On the account of unfair treatment and low wages for vigorous labor, railway laborers have decided to take matters into their own hands by confronting the company in the State Supreme Court in Manhattan.

The New York and Atlantic Company tries to undermine the lawsuit by stating: “These allegations are baseless and without merit. The individuals making these employment claims were never N.Y.A.R employees, and as such, their claims are directed at the wrong party.” However, Kristina Mazzocchi, a lawyer for the railway workers, strongly disagrees with what the company asserted. According to Mazzocchi, the railway workers have “worked full time and were paid weekly, in cash.” In other words, these workers are official employees of the company  that have been mistreated for years as they were subjected to dangerous tasks while being under paid. An example of a task that were completed under dangerous circumstances was for Franklin Lopez, a railway worker, to “squeeze beneath derailed cars” in order to put the derailed cars back onto the track. In other words, Lopez had to complete his task fearing the possibility that he would be crushed to death.

According to the article, it seems that New York and Atlantic Company had experienced criticisms in the past in regards to their safety regulation and the treatment of workers. Specifically, the company has neglected to properly train the workers in using particular equipment for completing their tasks. It is also important to recognize that these workers had watched YouTube videos in order to learn how to perform different undertakings. Additionally, the labor workers faced discrimination when the article states: “Those workers, the suit added, were given a segregated and substandard changing area, subjected to racial slurs.” Based on these accounts, it is ultimately unacceptable for the railway company to under-pay their workers based on the notion that the workers had to face such circumstances. With that said, there is a major indication that the New York and Atlantic Company suffer from a flaw in their safety regulation.

Alex is a marketing major at the Stillman School of Business, Seton Hall University, Class of 2021.

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Article Link: https://www.nytimes.com/2018/02/14/nyregion/railway-workers-lawsuit-discrimination.html