Atchison, Topeka & Santa Fe Railway Co. v. Division of Industrial Safety

By these proceedings petitioner, Atchison, Topeka and Santa Fe Railway Company, an interstate rail carrier, seeks by way of extraordinary relief (see Lab. Code, § 6308) to annul a special order of the Division of Industrial Safety of the State of California (hereinafter “Division”) which, as finally adopted, ordered petitioner to undertake an employee training program. The order provided: “When the nature of work performed by an employee in a hazardous location cannot be accomplished without training in the meaning of rules, regulations, and orders, the employer shall advise the employees of the meaning and consequences of failure to obey rules, regulations, and orders with sufficient time for their comprehension. The training shall include providing a thorough understanding of railroad operating *190 warning signals such as clearing the right of way of employees working on or about the track.”

Petitioner challenges the validity of the order on the ground that the Division lacks jurisdiction to make the order because (1) the Federal Railroad Safety Act has preempted the field of interstate railroad workers’ safety and (2) as between state agencies the authority over…