This is an interesting discussion. In California most third rail systems used uncovered third rail until PUC stepped in at the end of WW2 and said third rails had to be covered and fenced. That was the end of third rail in California except for the Bay Bridge Railway, which ran on third rail on the bridge until 1958. There had been third rail in the SF terminal, but it was replaced with trolley wire to comply with the PUC orders.
Chicago does not use covered third rail because the third rail shoe and the sleet cutters drop straight down from the third rail shoe beam, making a cover board impossible. This on a system that has public grade crossings. I ask about this once and was told they just stop the third rail about 10 feet short of the crossing. Other systems have the third rail shoes come in from the side, which accommodates a cover board.
I have a friend who grew up in Marin County prior to the war. The NWP ran with uncovered third rail except in stations. He said the high school kids would walk home on the third rail. Anybody who did not do this was a chicken.
In the picture in question the third rail is a unique style with two heads and no base. I was told this was so when they wore the head out on one side they could just turn it over and use the other side. I am doubtful about this. Third rail just does not see that much wear. This style of third rail is used on the NYC electrification along the Hudson River. I have not seen it any other place. I spent a little time in this area in late 1980s. This is under running third rail. It is easy to cover this style third rail with just a three sided wooden trough that lays on the rail. When I was there the wood was so deteriorating it was falling off, or maybe I should say in most places it had fallen off. It was interesting to see the fishermen heading for the river cross the tracks and just step over the uncovered third rail. I would guess they were more likely to get hit by a train than electrocuted by the third rail. Sometime later the system operator, Metro North (?), installed a plastic cover that just snaps onto the third rail.
I was out on the SEPTA Norristown line one time. It was suffering the same problem with rotter cover boards. On overrunning third rail the rotten cover board has to be removed, because if it drops onto the running surface of the rail it will break off the third rail shoes when the train goes by. In this area all the cover board was gone. What caught my attention was the gentleman whose backyard backed up against the track without any fence. He was out mowing to keep the weeds down and was very carefully pushing his mower under the third rail to get the grass growing there. I always wondered where the grandkids played when they came over.
I have no idea where the picture in question was taken, but the third rail without cover board is not a surprise.