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FRA SAFETY BULLETIN 2023-02

SUBJECT: Highway-Rail Grade Crossing and Shove Movement Accident

The Federal Railroad Administration (FRA) is investigating a recent switching accident that resulted in a crew member fatality.

Based on FRA’s preliminary investigation, a conductor with 18 years of service was fatally injured when the tank car he was riding to provide point protection for a switching move was struck by a dump truck. The incident occurred at a private grade crossing in a steel plant as the train consist traveled southward.

The dump truck, traveling west, stopped at the private highway-rail grade crossing, then proceeded and collided with the car the conductor was riding, killing the conductor. It was nighttime, the yard was lighted, and the conductor had his lantern turned on.

Prior to the incident, the conductor was in communication with the engineer via radio. The private highway-rail grade crossing was equipped with passive warning devices and stop signs.

The purpose of this Safety Bulletin, which is informal in nature, is to ensure the railroad industry, including railroad employees, are aware of this recent accident that resulted in a fatality of an employee. As FRA completes its investigation, it may take additional actions with respect to this accident.


Although FRA’s investigation into this accident is ongoing, FRA notes the importance of ensuring pushing or shoving movements over highway-rail crossings are conducted safely, to include:

  • Proper training, periodic oversight, and application of appropriate railroad operating rules when determining whether the track is clear, and
  • Proper job briefings and communications between assigned crewmembers during pushing or shoving movements.

FRA requests that railroads review this Safety Bulletin with employees to increase awareness of the dangers of pushing and shoving movements at highway-rail grade crossings. FRA also
reminds railroads of the need to ensure all individuals involved in pushing or shoving movements are: (1) properly trained and qualified on how to conduct those operations safely;
and (2) understand what “track is clear” means related to a highway-rail grade crossing.

Additionally, FRA reminds railroads and train crew members of the work of the Switching Operations Fatality Analysis (SOFA) Working Group, a voluntary, non-regulatory, workplace safety partnership formed to identify commonalities among fatalities that occur during switching operations. SOFA findings are available on FRA’s website.

View this bulletin in PDF form.

Kansas is a state with a population of only 2.94 million people — ranking as the 35th largest state in the country, population-wise. In contrast to that number, according to the American Association of Railroads’ website, Kansas ranks sixth in the nation for distance of rail with 4,252 miles. With 16 railroad companies operating in the state and this high density of rail, the industry plays a very important role in the landscape of the Jayhawk State and keeps SMART-TD’s Kansas State Legislative Director (SLD) Ty Dragoo very busy.

Kansas State Legislative Director Ty Dragoo

Currently, Brother Dragoo is working for the good of our membership as well as the people of Kansas by fighting to pass Senate Bill 215, known as the Kansas Rail Safety Improvement Act (KRSIA). In SB 215, Dragoo and bill sponsor Sen. Carolyn McGinn (R-31st District) have built an aggressive package aimed at reversing the effects Precision Scheduled Railroading (PSR) has had on the highly rail-dependent state. The railroad lobby has strong roots in Kansas and SB 271 was introduced with components of SB 215. While SB 215 is the goal, SB271 is the start in a state that has not seen any railroad safety laws passed in five decades.

Sen. McGinn introduced SB 215 in the second week of February, and it was quickly assigned to the Senate Transportation Committee. To date, SB 215 has sat on a shelf in committee having not been given a hearing for five weeks while UP scattered rail cars across the state in a pair of high-profile derailments. However, through negotiations with legislative leadership Dragoo has secured hearings on SB 271 and action is anticipated.

SB 271 will limit freight trains to a length of 8,500 feet within the state’s borders.

In order to prevent accidents at rail crossings, the bill also creates a minimum distance between road crossings and standing equipment left in sidings. The bill states that rail cars in a siding can’t be any closer than 250 feet to the edge of a road. With this 250-foot gap, the bill seeks to create clear lines of sight for motorists to be able to adequately determine if the crossing is safe to use without rail cars impairing their view of potential oncoming trains.

All in all, this bill being backed by SMART-TD is positioned to bring about significant improvement to the quality of life for Kansas rail crews. Ending the era of unrealistically large train consists, reducing the number of critical incidents at road crossings make for an impressive list of safety enhancements in a state that has seen its share of rail incidents this month. On March 4 and March 12, two separate incidents involving Union Pacific trains resulted in a combined 31 cars of mixed freight leaving the rails in Riverdale and McPherson, Kan. Though neither of the two derailments were as devastating to the communities as the toxic spill in East Palestine, Ohio, that has been grabbing headlines nationally since early February. Two of the cars in the McPherson derailment did leak denatured alcohol and caused a grass fire.

No one was hurt in either incident and officials have assured both communities that there are no immediate or long-term health threats from these two derailments. Even with this being true, the timing of these incidents has shed light on the importance of Dragoo’s bill.

The facts on the ground dictate that it’s time for the legislators in Topeka to give Brother Dragoo’s legislation strong consideration. Residents and taxpayers throughout Kansas shouldn’t settle for anything less.

It is of the highest importance for all our members in Kansas, along with their family and friends, let their state senators know that they demand action on behalf of the Transportation Committee. They need to act as soon as possible. Please follow the link provided to SMART-TD’s Legislative Action Center and enter your address. It will give you the contact information of all your state and federal representatives, then click on your state senator and take a moment to send him/her even a 2–3-line message that encourages them to take up the issues of SB 271.

The time is now to push for the passage of rail safety legislation across our country. Please put your shoulder to the wheel and help SMART-TD’s legislative department in Kansas and in every other state do the work to safeguard our brothers and sisters as well as the communities we all live in.

“From the Ballast” is an open column for SMART Transportation Division rail members to state their perspective on issues related to the railroad industry. Members of the union are encouraged to submit content by emailing to news_TD@smart-union.org. Columns are published at the union’s discretion and may be published in the SMART-TD newspaper.

Most of us with any amount of time on the railroad have the shared experience of feeling the hot seat that comes with a company discipline hearing. These kangaroo courts are not set up to be fair and impartial fact-finding missions.  As we all know, they are an exercise in intimidation meant to make us feel as uncomfortable as possible. If they can add the bonus of humiliation on top of the penalty they’re threatening to impose, it makes the experience so much better.  

The U.S. Senate’s Committee on Environment and Public Works’ hearing March 9 put Norfolk Southern CEO Alan Shaw in our shoes for once (and not that pair of work boots he acquired to look like a relatable guy when the cameras were filming him in East Palestine, Ohio). For once, the so-called “big boss” got to experience the discomfort and frustration of when people in authority demand an explanation and accountability. It was very reminiscent of how we feel in similar situations when we’re getting grilled by railroad managers like Shaw.  

It was hard to feel any sympathy. Yet while every senator seemed poised to force Shaw’s hand, each stopped just short of going in for the kill. Those who did ask hard questions were given lukewarm half-answers — snippets from the well-rehearsed lines that he has been using since the derailment happened. He appeared like he was simply spinning his greatest hits album of the soundbites that scored highest in a focus group. 

Based on the fact that the hearing went for over a third of the time a rail crew has off between shifts these days, most members likely didn’t have the opportunity to watch. In an effort to put a bow on it, the hearing broke down like this: 

CEO Shaw was asked about as many questions as you could fit into the 3-hour, 19-minute hearing but somehow managed to answer every one of them with one of the following responses on a loop.  

  • I have only been the CEO since May 2022. 
  • I am personally determined to make this right for the community of East Palestine. 
  • Norfolk Southern will be in East Palestine tomorrow, next month, next year, and ten years from now. 
  • We created a new website in response to the disaster. 

After seeing his performance, (and that was exactly what it was) I would offer Mr. Shaw some advice. First, he should hire a new acting coach to help him get through these situations. His entitled angry Wall Street CEO reality leaked through the repentant empathetic “Mother Teresa” persona that he was trying to adopt before the panel as penance for the misery that’s occurred in East Palestine.  

Second, I would advise him to learn the value of direct answers. He was asked yes/no questions time and time again and offered answers that went on for minutes at a time and somehow did not include either of those two words to definitively answer what was asked.  

Since the senators were allotted a limited amount of time for their questions, Shaw was successful in running out the clock by playing a version of corporate prevent defense. But where he succeeded in not being pinned down to anything that could be held up in court as a commitment, he failed to move the needle in the court of public opinion. His wishy-washy answers, devoid of authenticity, full of unwillingness to commit to substantive industry change away from Precision Scheduled Railroading, and the recurring theme of “we’ll consider throwing more money at the problem we created,” clearly angered the senators on the Committee of Environment and Public Works. We will see what effect they have on the all-important shareholders of Norfolk Southern. His appearance did nothing to inspire the confidence of SMART Transportation Division.  

Among some of the questions from the senators that Shaw artfully dodged were: 

  • What did NS learn from the 20th derailment that resulted in a chemical release since 2015 that it didn’t learn from the 5th, the 10th, or the 15th? — Sen. Debbie Stabenow (D-Michigan) 
  • Will you lead the rail industry in getting away from the business model known as Precision Scheduled Railroading? — Senator Bernie Sanders (I-Vermont) 
  • Was the owner of the rail car in question who is responsible for its maintenance and contents involved in the decision to vent it and burn off the contents of it? — Sen. Markwayne Mullin (R-Oklahoma) 

One last highlight came from Sen. Sheldon Whitehouse (D-Rhode Island). It wasn’t posed as a question, but in Whitehouse’s comments, he stated that, “Mr. Shaw, the news is reporting that there has just been a significant derailment in Alabama of one of your trains. I certainly hope that all of your team and anyone in the vicinity is safe and well. You may need to look into that.” 

Though the net result of the hearing was minimal, CEO Shaw came out of it looking highly frustrated, but less than trustworthy. He was clearly uncomfortable being held accountable for the unintended but inevitable consequences of his company’s embrace of PSR.  

What left me with an uncomfortable feeling was that Shaw continually framed all the promises made to East Palestine and surrounding communities as “personal commitments.” As anyone on the rail can tell you, nothing is true or real in this industry until it is. There is no such thing as a guarantee. With all of the commitments coming from Shaw personally, it raises the question of what happens if NS fires him?  

Likely, he’ll float away comfortably from East Palestine on his golden parachute, make a comfortable landing elsewhere — maybe as an industry lobbyist — and the Ohio village residents he testified to have such an affinity with would be left holding a bag full of empty promises, just like every one of us railroaders with wallets full of unfulfilled IOUs from Class I managers. 

Daniel Banks is a Class I certified conductor and government affairs representative for the SMART Transportation Division. 

As has been documented, we’ve been pushing quite a few pieces of rail safety legislation in many states. Of all the places SMART has legislation, Utah State Legislative Director Dan Brewer may have had the most-ambitious agenda this cycle especially considering his state has one of the hardest climates to create traction for labo- friendly bills.

Against the odds, SLD Brewer seems to have made Utah the first state to get across the finish line in the 2023 legislative year. Utah has passed a slate of bills that combined will bring significantly increased state safety oversight of Class I and commuter railroads that will make the rail crews and communities of Utah safer for years to come.

Brewer is anxiously waiting for Gov. Spencer Cox to sign HB 51, HB 232, SB 61, HB 63, and HJR 16 into law. This final step in these bills’ journey will make them the cornerstone of Utah’s rail safety culture. Brewer is quick to give credit to the collective efforts of his retired predecessor, Jay Seegmiller, BLET State Legislative Director Scott Weeks, Utah State AFL-CIO President Jeff Worthington and others in the labor community for pushing these measures across the finish line.

“It’s taken a lot of hard work and dedication from multiple people to get this done, but it’s all worth it when I think about how much better the lives of our crews are going to be going forward.” Brewer said.

HB 63, the core bill, creates a “Utah Office of Rail Safety” (UORS) which will be administered by the Utah Department of Transportation (UDOT). Via the FRA’s Rail State Safety Participation Program, UDOT will  be authorized to enter into a multi-year agreement allowing for the employment, training and certification of 10 to 12 rail safety inspectors who will be able to perform all the same inspections and enforcements of federal railroad safety laws that current federal Inspectors can do.

Beyond federal safety laws, UORS will have authority to monitor and regulate highway-railroad crossings at grade, with the authority to impose fines for blocked crossings (after the federal courts rule on if states have the right to do so) and assess responsibility for maintenance/ improvements of the roadway in those locations.

“UDOT will be able to finally get a bunch of long-overdue crossing projects done,” Brewer said.

UORS will be charged with creating rules and standards to provide safe working environments for employees who work adjacent to and on the tracks. This will include walkways adjacent to railroad track, clearances of structures and other obstructions near railroad track; the safety of office personnel conducting inspections in accordance with this part; railroad infrastructure and work spaces for railroad workers; signage related to railroad worker safety; and other safety standards as the department finds necessary.  

“By placing regulatory authority into UORS,” Brewer said.  “We don’t have to pass a law through the state Legislature in order to get walkway standards, and we can work with those with direct knowledge of the industry to make the case for specific statutes, such as ballast sizes or lighting at night on the switching leads. UORS will be especially helpful with all the new rail construction projects coming online in Utah in the near future.”

With SB 61, UORS will assist the Utah Department of Agriculture with enforcing laws that require railroads to maintain fencing along key sections of the right of way and report livestock collisions and fatalities so that cattle ranchers can be compensated.

“The State Cattle Rancher’s Association has become an ally to railroad employees in this, as we both want stronger fences along the tracks,” Brewer said.

One of the most outstanding aspects of HB 63 is how it goes about funding the Office of Rail Safety. In an act of poetic justice, the railroads will be picking up the tab. The formula for the funding is based on the number of track miles each railroad carrier owns and operates within Utah. Annual assessments will be made by the state to the rail companies to pay for the office’s operating budget. Additionally, the fines and penalties assessed to the railroads by inspectors will also go towards funding and equipping the office.

According to State House Rep. Mike Schultz, sponsor of HB 63 “..hundreds of projects across the state that are being held up because Union Pacific won’t approve them or they are forcing the local government to pay for them where they otherwise have not or the state of Utah. It’s not fair to place that burden on the taxpayer. Union Pacific needs to step up,” Schultz said.

In essence, the railroads have been left largely to their own devices for too long and have taken advantage. Brewer, aided by the scrutiny of the unfortunate events in East Palestine, Ohio, in February, pointed out to legislators how bad the carriers had allowed safety conditions to get in their backyards. Now the state has agreed with SMART-TD and Brewer and have voted to make the rail companies pay for their own traffic cops to monitor them.

SMART-TD would like to congratulate the state of Utah for being proactive and aggressive in their approach to protecting their constituents and our members. We would also like to emphasize again how much we appreciate the work of not only SLD Brewer, but of his entire team. Unlike some states, Utah’s SLD is a part-time position. Danny Brewer got this monumental bill over the finish line in the 10-hour increments he got between calls to work. This adds to the already-large amount of credit he deserves.

Railroaders aren’t normally in the business of being thanked, but we appreciate what the Utah State Legislative Board has pulled off with this and we hope the member of rail labor in crew rooms all around Utah do too!

Last week, your union put out a story discussing the 49 pieces of legislation that SMART was pushing in 17 states. As state legislatures are all hitting their stride in this year’s cycle around the country and focus on rail safety is as high as it has been in decades, these numbers are growing by the day.  

This week, we can report that the number of states we have bills in has reached 20, and the number of pieces of legislation we’re endorsing for passage has skyrocketed to 70 bills. 

These bills range from two-person crew (2PC) legislation, to train-length restrictions, to strengthening penalties on those who are convicted of assaulting bus drivers and commuter train employees to become felonies. All in all, it is safe to say that SMART Transportation Division members are getting a high return on investment out of their State Legislative Directors (SLDs) and National Legislative Department.  

Some of the bills are being advanced through state houses that haven’t seen a rail safety bill get past the committee level in decades. Momentum is with us and SMART-TD’s LRs and SLBs are seizing the moment.  

With 70 bills in front of 40% of our nation’s state legislative bodies, it is impossible to report on each bill’s individual progress every step of the way — that information is available on the Take Action page of the SMART website, but we will continue to compile weekly roundups of some of the highlights around the nation. If your state is mentioned, we ask that you follow the link to SMART-TD’s Legislative Action Center (LAC) and see how you can get involved in supporting your state’s bills. If your state is not on the list, please give our LAC a look anyway because there is a 40% chance that your state does have legislation in need of your support, even if it wasn’t mentioned in the article.  

Utah HB 63 – SLD Dan Brewer’s bill establishes the Office of Rail Safety in the state to regulate and inspect all aspects of rail safety and will be funded by the rail carriers who operate in Utah rather than taxpayers. HB 63 passed through both the House of Representatives and the State Senate and is pending a signature from the governor! 

Missouri SB 702 – SLD Jason Hayden’s train length bill limiting trains to 8,500 feet has been assigned to the Missouri Senate Transportation Committee. 

West Virginia HB 3059 – SLD Bryan Goodson’s blocked crossings bill made it out of the state House and has been sent to the Senate. 

Oklahoma SB 257 – SLD Kyle Pense’s 2PC bill has been assigned to the transportation and infrastructure committee in the Senate. 

Arizona HB 2526 – SLD Scott Jones’ bill to mandate heightened oversight and inspection of rail and equipment is ready to go in the House of Representatives.  

When the state of New Mexico comes to mind, we often think of the Carlsbad Caverns, uniquely rugged landscapes and exotic wildlife. Soon it may also conjure up thoughts of solid railroad safety and landmark two-person crew laws.

On Feb. 20, New Mexico’s state house chamber, known as the “Round House,” was full of debate and discussion about the state of modern railroads. Watching the proceedings felt on some level like sitting in a crewroom listening to coworkers argue. Many of the representatives sounded like the new guys every crew base has who try to argue their point, even though you can tell they are still working out the rough spots in their understanding of railroad terminology. Other reps offered the time-tested “old head” line of “This is how it’s always been done.”

Unlike those crewroom debates, the one in the Round House had the potential to bring about tangible results.

The weight of the outcome of the argument made it absolutely critical that SMART Transportation Division had a role in this debate. Luckily for all involved, State Legislative Director (SLD) Don Gallegos was right in the middle. At the right-hand side of Rep. Eliseo Alcon who was HB 105’s primary sponsor, Gallegos shepherded the conversation through to a successful conclusion.

As the House minority leader and the minority whip did an excellent job of playing the role of trainmaster in this crew room debate, they tried their best to paint Rep. Alcon into corner after corner in an effort to muddy the water on the bill’s intention and scope. They tried to make the bill too complex to stand a chance in the Senate by including verbiage on passenger rail and also tried to slow down the bill’s momentum by offering to take it back to the drawing board and work with the bill sponsor to strengthen the language.

In short, they put on a clinic on how to execute the railroad lobbyist playbook to subvert the common-sense inherent in HB 105. Yet at the end of the conversation, Rep Alcon and SLD Gallegos came out with a win — a 43-25 vote in favor with two representatives opting to pass on voting,

After passing through the House with such remarkable bipartisan support, the bill was then sent to New Mexico’s Senate Transportation Committee where it will be taken up in the near future. For his part in the progression of the bill, SLD Gallegos said, “This is further than our two-person crew legislations have gotten in the past. We are all very excited at the prospect of bringing a heightened level of safety to the communities of New Mexico as well as job security to our state’s railroad professionals.”

SMART-TD is proud of the progress in New Mexico and looks forward to seeing HB 105 progress. This is yet another example of SMART-TD’s National Legislative Department’s positive momentum.

New Mexico’s progress is a great illustration of the efforts that are going on nationwide to defend our members from the profit-at-all-costs business model of Precision Scheduled Railroading.

For immediate release 
March 1, 2023 
Phone: (216) 228-9400  
Department email: news_td@smart-union.org   

“This legislation goes a long way toward protecting American families and communities while fortifying the rail industry to be sustainable and safe long into the future. The voices of SMART-TD’s brothers and sisters have been heard by these senators and are echoing through the halls of the United States Congress.” 

INDEPENDENCE, Ohio (March 1, 2023) — Jeremy Ferguson, president of the International Association of Sheet Metal, Air, Rail and Transportation Workers Transportation Division (SMART-TD), is calling for national support of The Railway Safety Act of 2023, a bipartisan bill that acknowledges the real-world conditions that shape the day-to-day safety concerns of the railroad workers who haul America’s freight.  

U.S. Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Bob Casey (D-Pa.), John Fetterman (D-Pa.), Marco Rubio (R-Florida) and Josh Hawley (R-Mo.) have listened to the concerns of their constituents and put forward a comprehensive package in the Railway Safety Act that lives up to its billing — prioritizing the safety concerns expressed by the public and rail worker alike. In this bill, they give credence to the common-sense safety measures that our union and others in rail labor have advanced for years. 

“The provisions in this act add up to the end of the era of Precision Scheduled Railroading (PSR) and attempt to take back control of our nation’s supply chain from Wall Street’s ‘profit at any cost’ mentality. It offers a chance for the nation to make the giant rail corporations take rational measures to get the industry to do what it’s designed to do — move freight through our nation safely and efficiently and be an example for the rest of the world to model,” President Ferguson said. “SMART-TD is proud to support this bill and its efforts to bring about generational changes in this country and to take a major step to stop PSR. We will work tirelessly with this team of like-minded Senators to realize their vision for a safer and stronger rail industry.” 

The safeguards offered in the bill include, but are not limited to: 

  • A nationwide mandate for well-trained two-person crews on all freight trains; 
  • Restrictions on train length and weight; 
  • Regulations on the installation, frequency, upkeep, and response to wayside defect detectors; 
  • Speed restrictions; 
  • Drastically increased fines for rail companies and management employees who do not adhere to rail safety protocols; 
  • Universalized track maintenance standards; 
  • Universalized rail-car maintenance standards; 
  • Higher standards for tank cars carrying hazardous material; 
  • Emergency response plans for carriers and communities; 
  • Phasing out of rail cars that do not meet strengthened safety requirements; 
  • Annual government audits of rail carriers to validate compliance to new heightened safety standards. 

“Hedge fund management of rail companies and their PSR strategy have careened the United States rail industry into a dark and dangerous place in the last six years. This bill has the potential to put safe operations into its rightful place as the gold standard in railroading and not what the next quarterly report can bring. We owe it to the people of East Palestine, Ohio, and to all communities that have railroad tracks running through them to have members of Congress do the right thing — to support this bill and insist that it makes it to President Biden’s desk without being watered down by negotiations or the special interests that will seek to stop it and claim that it is too ‘burdensome’ for a highly profitable industry to implement,” Ferguson continued.  

A recently released Ipsos-USA Today poll shows that 53% of Americans believe that strengthened rail industry safety regulations could have prevented the disaster in East Palestine, Ohio. 

Read the text of the bill

Fact sheet about the bill

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SMART Transportation Division is comprised of approximately 125,000 active and retired members who work in a variety of different crafts in the transportation industry. These crafts include employees on every Class I railroad, Amtrak, many shortline railroads, bus and mass transit employees and airport personnel.

If you’re interested in speaking more about the Railway Safety Act of 2023, PSR, East Palestine, rail safety, and the next steps for the rail industry, we’d be happy to connect you with:  

SMART Transportation Division President Jeremy Ferguson 

President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mic., was elected president of SMART’s Transportation Division in 2019.President Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the recent national rail negotiations for the union with the nation’s rail carriers. 

SMART Transportation Division National Legislative Director Gregory Hynes 

Greg Hynes is a fifth-generation railroader and was elected national legislative director in 2019. Hynes served on the SMART Transportation Division National Safety Team that assists the National Transportation Safety Board with accident investigations, from 2007-2014. In 2014, he was appointed to the Federal Railroad Administration’s Railroad Safety Advisory Committee (RSAC), which develops new railroad regulatory standards. 

SMART Transportation Division Alternate National Legislative Director Jared Cassity

Jared Cassity was elected by his peers in 2019 and currently serves as the Alternate National Legislative Director. In addition to his elected roles, Cassity has also been appointed as the union’s chief of safety, serves as the director for the SMART-TD National Safety Team (which assists the NTSB in major rail-related accident investigations), is SMART-TD’s voting member on the Federal Railroad Administration’s C3RS Steering Committee, and is the first and only labor member to ever be appointed to the Transportation Security Administration’s Surface Transportation Safety Advisory Committee. 

The Switching Operations Fatality Analysis (SOFA) Working Group issued a one-page information sheet last week regarding shove movements, reminding workers to take care during shove moves — “When in doubt, dismount!”

According to the flyer, 27 of 34 fatalities analyzed by the SOFA group in the decade from 2011-2021 occurred during shove moves.

The SOFA Working Group is a cross-industry collaboration for over 25 years that works to identify any possible contributing factors for each of the more than 210 switching operations fatalities that have occurred in the rail industry since 1992. The SOFA Working Group reports its findings and on emerging data trends with the goal of zero fatalities in the railroad industry.

2023.02.22_SOFA_1pgr-shove-movesDownload

The state of Washington and its State Legislative Director (SLD) Herb Krohn have had legislative victories in the past. Washington is one of the states that has succeeded in passing a two-person crew regulation into law, with their state crewing law being the most stringent in the nation. Now Washington state Rep. Sharon Tomiko Santos (D-District 37) has sponsored a bill in the state Legislature that may end up being the first of its kind.

Herb Krohn

With HB 1839, Tomiko Santos is seeking to limit the length of trains in the state to 7,500 feet.

This bill would go a long way toward the safety of our crews traversing the state and create additional trains for our members to operate.

HB 1839 also has a provision in it that states rail carriers in Washington can seek permission from the state’s Utilities and Transportation Commission (UTC) to run trains up to 10,000 feet in length on specified routes. However, carriers would have to add at least one additional crew member to all trains between 7,500 and 10,000 feet under this provision, the state UTC can require additional crewmembers if it determines doing so is in the interest of reducing risk, such as on key trains. These 10,000-foot trains would not be as advantageous as their 7,500-foot counterparts in terms of train handling, but the addition of a third or more crew members would prove to be an advantage when yarding trains of this size. The requirement for railroads to request UTC approval to run larger trains and the restrictions on what subdivisions they can run on will also serve to discourage carriers from trying to work around the 7,500-foot restriction.

This bill seems to have momentum, making its way from initial introduction through the House Transportation Committee in just four days and passing out of committee with a do-pass recommendation Feb. 23 by a vote of 15-9. (Five members voted do not pass, and four members voted that they did not have a recommendation on the bill. One committee member was absent and did not vote).

HB 1839 has the potential for rail labor and common sense to regain a foothold in an industry that carriers have corrupted with Precision Scheduled Railroading (PSR). The effort to get this bill signed into law is being led by Rep. Tomiko Santos with strong support by SMART-TD and SLD Krohn.

“The prospect of imposing reasonable train length limitations and eliminating the dangers of monster length trains will increase public safety as well as reduce the risks on train crews across the state of Washington,” Krohn said. “This legislation will go a long way toward reintroducing rational, common-sense regulatory oversight of how trains are operated.”

SMART-TD and our National Legislative Department are very proud of Brother Krohn and the work he’s doing in his state. The next step in the process for HB 1839 is to pass it forward from the House Rules Committee onto the House floor calendar. If it’s successful there, it will advance to the state Senate for committee hearings and votes.

The Legislature in Nebraska’s capital of Lincoln is not known to be a hotbed of activity for rail labor lobbying success stories, but SMART Transportation Division’s newest State Legislative Director (SLD) Andy Foust is actively making moves to change that. In his first week on the job, Brother Foust introduced two strong pieces of legislation that have gained bipartisan support. 

Nebraska State Legislative Director Andy Foust

The Legislature has initial hearings scheduled in March for SMART-TD’s two-person crew bill as well as a blocked crossings bill. Brother Foust’s 2PC bill, LB 31, was put forward by state Sen. Mike Jacobson, (District 42) sponsoring. The bill also has picked up traction in Nebraska’s unicameral Legislature by adding an impressive list of seven bipartisan co-sponsors, including Sens. Jane Raybould (District 28); Danielle Conrad (District 46); Tom Brewer (District 43); Lynne Walz (District 15); Myron Dorn (District 30); George Dungan (District 26) and Sen. Robert Dover (District 19). 

LB 31 was referred to Nebraska’s Transportation and Telecommunications Committee and is slated to have its first hearing before the committee March 6.

At its core, LB 31 is a bill regulating two-person train crews on all freight trains that travel within the borders of Nebraska. However, it also includes language that aims to levy fines against rail carriers for violations of the two-person crew. The fines start off as low as $250 for the first infraction (which is already around the same rate as paying a basic day to a second employee) and quickly goes up to be as high as $10,000 on a third offense and stays at that rate for additional offenses going forward. 

Foust and Sen. Jacobson have included the series of fines to ensure that there is no financial incentive for carriers to bypass the law, if approved by legislators. With $10,000 on the line for every train they improperly crew, carriers will not be able to chalk violations up as the cost of doing business and continue their pursuit of using single-employee engine crews augmented by roving (expeditor) conductors in company vehicles. As the UP and Norfolk Southern have both publicly spoken of plan to start experimenting with this new vision of rail crews in the near future, Brother Foust’s bill is well timed to stomp it out and defend the craft of on-board freight conducting. 

The blocked crossings bill, LB 234, sponsored by Sen. Walz also has been referred to the Transportation and Telecommunications Committee and is scheduled for a first reading, also on March 6. In LB 234, Foust and Walz have established a requirement for the railroad companies to report to the Nebraska State Highway Patrol and state Public Service Commission annually. Their report will need to include the number of public complaints each carrier received about blocked crossings. The report will also go into the specifics surrounding each complaint. They will have to report data on each complaint they receive to include information such as the dates, locations of the blocked crossing, the duration of time that each crossing was blocked, and the action taken by the railroad company to resolve the complaint. 

Making records of the complaints may be tedious enough for the railroads to handle, but the last requirement is going to prove to be the part the companies like the least. This bill is looking to force the carriers to put into public record what efforts they make to listen to the people of Nebraska, be accommodating corporate neighbors and to respond to residents’ needs and concerns. 

It is our hope that with this bill’s passage that carriers such as UP, BNSF, KCS and others there then engage in some much-needed self-reflection. It will be very telling about their corporate outlook on the role of being a considerate community partner when they attempt to massage language to talk about how the Precision Scheduled Railroading business model of ever-longer trains is compatible with access to emergency services and the free flow of vehicle traffic in the state’s rural and urban areas alike.

SMART-TD applauds the collective efforts of SLD Foust and the Nebraska state senators for doing the people’s work. You are all taking the path less traveled to defend our members and citizens of your state and are doing a wonderful job at pulling on the threads of PSR itself. With momentum around the country in state legislatures, we have every intention of helping you succeed in unraveling it!

Please help SLD Foust, and all of SMART-TD’s legislative team to achieve this overarching goal. It is the challenge that defines our time in the rail industry.

For information on how to contact your state legislators to support these and other bills being considered in Nebraska and beyond, please follow this link to the SMART-TD’s Legislative Action Center.