WMATA sued for withholding safety information

WASHINGTON — The Washington Metrorail Safety Commission sued Metro on Thursday, alleging that WMATA authorities, who operate D.C. Metrorail and Metrobus, did not hand over information related to its workers' safety, including a required asbestos program.

The Washington Metropolitan Area Transit Authority allegedly ignored a subpoena in April that was issued after not responding to a document request two months earlier, according to WMSC's lawsuit.

"WMATA refused to produce requested documentation related to drug and alcohol testing programs, worker safety and the lead dust hazard discovered on the system," WMSC said on Thursday.  

WMSC has issued three notices of non-compliance against WMATA this month over these lapses, saying that officials did not provide proof of an asbestos program, maintenance plans and loading limits.

WMSC typically audits WMATA every three years.  

"In the course of other audits and investigations, the WMSC observed workplace safety issues, including a failure to use personal protective equipment, potential asbestos exposure, and a lack of safety rails in certain WMATA facilities," WMSC said.

WMATA did not deny that it had refused WMSC's requests, instead its board of directors argued Thursday that the safety commission has been over-reaching in asking the Metro for its health and safety documents. 

"The Federal Transit Administration and OSHA regulate and audit Metro on workplace and operational safety," Metro officials said Thursday. "Metro fully complies with these regulations and participates in those audits. Besides exceeding WMSC's authority, WMSC's order would create duplicative efforts, creating confusion and potentially threatening employee privacy."

WMATA added that it would "challenge this order," holding that the oversight commission has been distracting WMATA from maintaining safety standards by filing the lawsuit.

"Unreasonable actions such as this one by the WMSC threaten that relationship, and focus time, attention and effort away from strengthening safe operations -- which should be our shared goal," WMATA said.