The complaint claims the workers were not told what they would be exposed to or given protective equipment.
Claiming that Norfolk Southern put “profits ahead of safety,” one of the railroad’s employees has filed a lawsuit accusing the company of negligence by sending him to the site of the February 3, 2023 fire, derailment, and toxic spill in East Palestine.
Joseph Lee Roberts of Indiana filed a complaint in U.S. District Court in Youngstown Wednesday claiming he had developed chemically induced asthma after he and other workers were exposed to vinyl chloride that some of the derailed cars had been carrying.
Roberts says in the lawsuit that with a focus on getting trains running through the village again, Norfolk Southern sent employees to East Palestine to fix the track which had been damaged by the derailment and fire.
The complaint claims the workers were not told what they would be exposed to or given protective equipment as they laid panels at the derailment site so Norfolk Southern could resume train traffic through the community.
Roberts alleges that Norfolk Southern also didn’t provide him with a device to monitor the air’s toxicity.
The lawsuit claims exposure to the post-derailment environment has caused him to suffer from chemically induced asthma which he says will negatively affect him for the rest of his life including loss of income, physical and emotional pain and suffering, loss of household services, as well as a loss or reduced capacity for the enjoyment of life.
The complaint accuses Norfolk Southern of failing to abide by the Locomotive Inspection Act, the Safety Appliance Act, and the Code of Federal Regulations.
Roberts says he is entitled to compensation under the Federal Employers’ Liability Act, which governs workplace injuries in the railroad industry.
21 News has reached out to Norfolk Southern via email for a response to the complaint. As of Thursday, we have not received a response.