CSX employee killed at railroad crossing

A CSX railroader was killed in an accident in Pennsylvania when he was hit by a tractor trailer.  The railroader was making repairs to a railway crossing that had been damaged in an earlier accident.  He was repairing crossing lights when he was hit by the tractor trailer as the truck turned to go over the railroad crossing. 

According to the new story, the railroader was wearing a safety vest and cones were out to mark his work area.  The truck driver saw the railroader, but did not make a proper turn and ran over him.

The fault for this unfortunate accident lies primarily with the truck driver and the trucking company.  However, CSX's responsibility for this accident as well.

FELA requires railroads to provide adequate manpower to complete a job and a safe place to work.  According to the news story, the railroader was not accompanied by any members of the crew that was making repairs, as they were all down the tracks at the time he was run over.  Providing a safe place to work would include placing a spotter or a flagger out to keep traffic away from this railroader as he made repairs to the crossing lights -- after all, he cannot  be expected to pay attention to what is doing and watch traffic.  Further, some more significant barrier than orange safety cones was required, such as a vehicle. 

This railroader, now dead, was left alone and exposed to traffic.  By any reasonable definition, that is not providing adequate manpower or a safe place to work, and under FELA, that responsibility belonged to CSX.