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CLEVELAND, Ohio (May 27, 2020) — The Federal Railroad Administration (FRA) extended safety waivers granted to the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) in the early stages of the coronavirus pandemic recently, again favoring the material concerns of the carriers over the safety of America’s rail workers and of the general public.
The extension runs until the earlier of when the emergency declaration is lifted, or 60 days from letters dated May 21 to the AAR and ASLRRA by the agency governing safety on America’s railroads. The broad waivers concerning numerous safety regulations and training requirements were initially set to expire beginning May 24, 29 and June 9.
The leaders of two of America’s largest rail unions, the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET), objected to the lengthening of these waivers that they had described as “alarming” when first initiated.
“The agency continues a pattern of FRA appeasement to the carriers,” said SMART-TD President Jeremy R. Ferguson and BLET President Dennis R. Pierce. “Essential safety tasks once again are being deferred with regulators’ blessings while the agency could not be bothered to enact an emergency order to hold carriers accountable to Centers for Disease Control and Prevention minimum health and safety standards for employees during the COVID-19 pandemic.”
The waiver extension, granted nine days after the AAR’s petition to renew, cover regulations governing:

  • Periodic track inspections
  • Training
  • Quick tie-ups
  • Locomotive and conductor certification
  • Territorial qualifications

Conversely, SMART-TD and the BLET jointly petitioned FRA to respond to the pandemic multiple times in March seeking emergency orders to improve working conditions and to better protect workers from potential infection by requiring carriers to adhere to basic CDC protocols. The agency, however, declined to put its full regulatory power on the side of protecting essential transportation workers.
“The continued pattern of rubber-stamping requests by carriers while unabashedly coming up short for the essential workers who have continued to show up and work through the pandemic shows where FRA’s priorities are,” the union presidents said.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

U.S. Reps Carolyn B. Maloney, chairwoman of the Committee on Oversight and Reform, Peter A. DeFazio, chair of the Committee on Transportation and Infrastructure, and Gerald E. Connolly, chair of the Oversight and Reform Subcommittee on Government Operations, sent a letter to Secretary of Transportation Elaine L. Chao opposing President Donald Trump’s removal of former Acting Inspector General Mitch Behm and demanding he be reinstated immediately.
“We oppose President Trump’s removal of long-time public servant Mitch Behm from his position as Acting Inspector General of the Department of Transportation (DOT) and urge that he be immediately reinstated,” the Chairs wrote to Chao. “Mr. Behm’s removal is the latest in a series of politically motivated firings of Inspectors General by President Trump. This assault on the integrity and independence of Inspectors General appears to be an intentional campaign to undermine their ability to expose corruption and protect taxpayer dollars from waste, fraud, and abuse.”

Eliott
On May 15, 2020, President Trump designated Howard R. Elliott, administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA), to replace Mr. Behm while Mr. Elliott keeps his political post at PHMSA at the same time. Mr. Elliott appears to have no investigatory or law enforcement experience. He is a former executive for CSX Transportation. In contrast, Mr. Behm has served in the office since 2003 and has received numerous awards for his contributions to audits and reviews.
Maloney, DeFazio, and Connolly also sent a letter to Mr. Elliott raising concerns about the conflicts of interest created by his simultaneous roles as PHMSA administrator and acting inspector general.
“This inherent conflict of interest would prohibit you from having the independence necessary to conduct fair and rigorous oversight of the Department and the Secretary,” the chairs wrote to Elliott. “Your dual appointment could severely chill whistleblower disclosures to the Office of Inspector General because whistleblowers might fear that their identities could become known to an official still serving in the Department. It also may chill communication within the Office of Inspector General if auditors or investigators are concerned that you will share information with Secretary Chao before it is appropriate.”
In their letters, the chairs requested information regarding ongoing audits, inspections, investigations, evaluations, reviews, or other engagements, as well as any communications regarding the removal of Mr. Behm and Mr. Elliott’s qualifications for Inspector General by June 1, 2020.

WASHINGTON, D.C. – SMART Transportation Division President Jeremy R. Ferguson and National Legislative Director Gregory Hynes met with U.S. Rep. and Transportation and Infrastructure Chairman Peter DeFazio (D-Ore.) earlier this week, alerting him to carriers’ inadequate efforts to protect essential transportation workers during the coronavirus pandemic.

DeFazio
President Ferguson told the chairman about field reports from SMART-TD members that some bus, transit carriers and freight railroads are failing to provide adequate personal protective equipment (PPE) as well as CDC-approved cleaning supplies and cleaning protocols to prevent the spread of COVID-19.
Federal agencies also have not taken substantial regulatory action to protect our members who are deemed essential workers through this national emergency, they told DeFazio.
Ferguson made particular note to the chairman about the freight rail industry, where the Federal Railroad Administration (FRA) activated an emergency docket pushed by Class I carriers and the American Short Line and Regional Railroad Association (ASLRRA) that cuts corners on inspections and safety measures in reaction to the pandemic.
Ferguson informed DeFazio that these measures are intended to be enacted in the event there is a workforce shortage caused directly by COVID-19. However, worker furloughs are “at the highest level ever,” and none of those emergency provisions should take effect until all furloughed workers are activated, our leadership said.
Chairman DeFazio was “attentive to our requests and is acutely aware of transportation workers’ needs” through the pandemic, NLD Hynes said.
“He’s fully aware of the shortcomings of the carriers’ and federal agencies’, especially FRA’s and FTA’s failed response to our COVID-19 requests for action through our Emergency Order petition,” Hynes said.

CLEVELAND, Ohio (April 15) — The Federal Railroad Administration (FRA) on April 10 denied requests submitted by labor Organizations which, if approved, would have provided critical protections for railroad employees during the ongoing national COVID-19 (coronavirus) pandemic, according to the SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET).
“Although FRA believes that many safety precautions included in the Petitions could constitute best practices that should be applied in the railroad industry…” said FRA Administrator Ronald Batory in his response to the Organizations, “…FRA does not believe that an emergency order is justified.” Meanwhile, FRA is standing behind its decision to approve sweeping emergency relief requests submitted by rail carriers.
Previously, in an April 2 letter to SMART-TD President Jeremy Ferguson and BLET President Dennis Pierce, FRA Administrator Batory defended his agency’s approval of a wide-ranging 60-day waiver that suspends or delays scores of critical safety regulations. Yet, nowhere in his letter did Administrator Batory even acknowledge receipt of the unions’ separate requests for Emergency Orders for freight rail service and for passenger/commuter rail service — which were filed jointly by the two unions before the railroads filed their waiver petitions. A copy of his letter is available here (PDF).
In late March, the FRA granted a sweeping petition for a 60-day waiver of scores of critical safety regulations. On March 31, the unions called the waiver “alarming” and demanded clarification from the FRA.
“In their Emergency Relief requests, the carriers placed a strong emphasis on claims that manpower shortages either exist, or may exist, regardless of the fact that thousands of rail employees remain in furlough status,” SMART-TD President Ferguson said. “The FRA’s decision to issue waivers based on these bogus claims is disturbing, especially when the waivers apply to territorial qualifications, hours of service, and scope rules for certain crafts. It’s time to begin recalling furloughed employees and preparing for a worst-case scenario, rather than jeopardizing the safety of our crews, their households, and our communities.”
“It appears that the FRA has done nothing more than rubber-stamp a wish list from the rail carriers, absolving them from enforcing critical safety rules,” BLET President Pierce said. “Regardless of how Administrator Batory now describes FRA’s waiver, it has given a carte blanche invitation to the industry to ignore rules, and it will have a substantial chilling effect on safety if fully applied.”
The FRA has yet to mandate safety protocols to protect the health of railroad workers amid the national COVID-19 (coronavirus) outbreak. In letters dated March 6 and March 20, SMART-TD and the BLET urged the FRA to issue an Emergency Order implementing Centers for Disease Control and Prevention (CDC) guidelines to help mitigate the potential spread of the coronavirus among rail workers. In his April 10 response, FRA Administrator Batory acknowledges that his administration is authorized to issue Emergency Orders when an “unsafe condition or practice, or combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment.” Nonetheless, Batory goes on to advise “…[COVID-19] challenges are not unique to the railroad industry, and thus not the type of rail safety issue where FRA would typically exercise its emergency order authority….” Rather than grant the Organizations’ requests for an Emergency Order, FRA published a Safety Advisory recommending that the railroads develop and implement practices consistent with Federal recommendations and CDC and OSHA guidelines.
“Over the centuries, our nation’s railroads have proven to us time and time again that they are incapable of responsible self-regulation,” President Ferguson said. “The FRA’s Safety Advisory is merely a recommendation to the railroads to provide our members the safe and sanitary working environment that they and their families deserve. This does not inspire confidence that the railroads will actually comply with these guidelines as written, and it will apparently now be up to us as labor to hold them accountable to those standards.”
“This Administration’s refusal to regulate worker safety stands in stark contrast to its actions to appease the railroad industry,” President Pierce said. “On a daily basis, railroad crews are being subjected to conditions that violate the CDC’s best practices for social distancing, sanitation, and cleanliness, and they are not provided the necessary tools to keep themselves safe, such as sanitizers, disinfectants and personal protective equipment. Our members put their lives on the line every day when they go to work, and the FRA must do more to protect their lives and their livelihoods.”

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

The Defense Production Act (DPA) was invoked April 2 by President Donald Trump to expedite the manufacture and eventual distribution of supplies, especially ventilators, necessary to fight the COVID-19 pandemic.
The first step in getting the products — including surgical masks, disinfecting agents and medical devices — to those who need them is to create and package them.
Right now. Sheet metal workers across the United States are fabricating new equipment and supplies to support our nation’s response to this pandemic. Volunteers have even stepped up to supply groups with vital parts in the production of new protective gear while union sheet metal workers from New York to Detroit and Wisconsin and everywhere in between are on the front lines constructing new medical facilities to handle the surge of new COVID-19 patients.
While members are busy producing supplies as fast as they can, these supplies also need to be transported to the places that are most in need.
This is where the United States freight railroad network comes in. The full scope of the DPA must be employed to strongly and decisively react in the quickest way possible, including the engagement of railroads’ nationwide reach. The greatest volume of goods and material needed to help the country recover in the least amount of time will be delivered by the men and women operating the trains that travel America’s railroad network.
Thousands of rail workers have been furloughed by the country’s largest rail carriers in recent years. These people must be put to work to deliver life-saving equipment to major metropolitan areas struggling to contend with the coronavirus. Any half-measure will result in more lives being lost.
Sheet metal and transportation workers stand at the ready to assist. All that is needed is full invocation of the DPA and a wave of labor will help to first fight the pandemic and then to wipe out the economic devastation it has created.
Sincerely,

Joseph Sellers, Jr.Jeremy R. Ferguson
General President, SMARTPresident, SMART Transportation Division

Here are the key provisions that will impact members in the $2 trillion package the Senate approved on March 25, 2020, and the House today on March 27.
Examples of How the Bill Affects Building Trades Members:   Anticipated real-life scenarios of how the CARES Act will impact building trades men and women (Based on examples provided by the North American Building Trades).  
Unemployment Assistance: Details of what is included in the legislation that addresses Unemployment Assistance for members and working families.
Income Assistance : A synopsis of what is in the legislation that affects members looking for information regarding income assistance during the COVID-19 outbreak.
Rail Industry: Waiver of the 7-day waiting period for benefits under the Railroad Unemployment Insurance Act. Enhanced benefits under the Railroad Unemployment Insurance Act ($1,200 in benefits every two-week cycle). Extended unemployment benefits under the Railroad Unemployment Insurance Act. Approx. $1 billion aid for Amtrak.
Private Insurance Coverage: Private insurance plans must cover testing for COVID-19 and any future vaccine without cost sharing.  
Foreclosure Protections: Prohibits foreclosures of federally backed mortgage loans for 60 days, and up to 180 days of forbearance for borrowers of a federally backed mortgage loan who have experienced a financial hardship related to COVID-19. Provides up to 90 days forbearance on multi-family properties with federally backed loans. Borrowers receiving forbearance may not evict or charge late fees to tenants during forbearance period. No protections for mortgages that are not federally assisted (through private lenders).  
Student Debt: This affects members with dependents and requires Secretary of Education to suspend all payments on federal student loans through September 30, 2020, with no accrual of interest.  
OSHA: No provisions regarding OSHA were included in the bill. 
Elections: $400 million for states to help prepare for the 2020 elections. Funding can be used, among other uses, to increase the ability to vote by mail, but includes no requirements that ease access.  
Employer Assistance:  A breakdown of assistance and resources in the bill that are available for private employers.
A House Bill was also introduced this week called the Take Responsibility for Workers and Families Act) 
For more information about all the recent COVID-19 relief packages, visit: Center for Economic and Policy Research 
 

CLEVELAND, Ohio. (March 20, 2020) — SMART Transportation Division filed a request to both the Federal Transit Administration (FTA) and Federal Motor Carrier Safety Administration (FMCSA) urging them to issue Emergency Orders (EO) to address employee safety conditions in response to the national COVID-19 (coronavirus) outbreak.

“The employees we represent are essential to the health, safety, security, and transport of the nation’s citizens,” wrote SMART-TD President Jeremy R. Ferguson in his filing to the agencies. “Therefore, it is necessary that the carriers take immediate and appropriate precautions to mitigate against the spread of the virus amongst their workforces and passengers, to minimize the exposure of their employees to the virus during the performance of their duties, and to maintain sufficient staffing levels to compensate for reduced headcounts caused by sick employees and family members until the virus begins to subside.”

Although President Donald Trump declared a national emergency regarding the COVID-19 viral outbreak on March 13, many transit agencies have been slow to adopt, or in some cases have neglected to adopt, Centers for Disease Control and Prevention (CDC) measures to mitigate the spread of the coronavirus.

SMART-TD’s emergency order request includes, among other provisions, that transit agencies under the purview of both FTA and FMCSA adhere to CDC guidelines in the following areas:

• Sanitation of operators’ stations

• Sanitation of vehicles

• Sanitation of employee common rooms

• Personal protective equipment (PPE) for employees monitoring fare boxes

• Monitoring of employee temperatures

• Sanitation at lodging facilities for away-from-home employees

Procedures requested by the SMART-TD on the handling of employees and passengers who are symptomatic of the coronavirus reflect CDC guidelines, which include isolation, PPE, transport, and self-quarantine.

Finally, President Ferguson wrote, 25% of furloughed transit personnel should immediately be recalled to service to deal with anticipated shortages and staffing needs, in accordance with President Trump’s invocation of the Defense Production Act.

“To standardize and define the best protocols across the industry for the mitigation of the spread of the virus and the protection of employees, these safety precautions need to be immediately ordered by the FTA and FMCSA,” President Ferguson stated.

Read the petition to the FMCSA.
Read the petition to the FTA.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of different crafts, including as bus and commuter rail operators, in the transportation industry.

CLEVELAND, Ohio (March 20, 2020) — On the heels of their joint petition to the Federal Railroad Administration (FRA) requesting an Emergency Order (EO) to address employee safety conditions in response to the national COVID-19 (coronavirus) outbreak, the SMART Transportation Division and the Brotherhood of Locomotive Engineers and Trainmen (BLET) are now asking for a similar EO for Amtrak and passenger/commuter lines.

“Therefore, it is necessary that Amtrak and all railroads providing passenger and commuter rail service to take immediate and appropriate precautions to mitigate against the spread of the virus amongst their workforces and passengers, to minimize the exposure of their employees to the virus during the performance of their duties, and to maintain sufficient staffing levels to compensate for reduced headcounts caused by sick employees and family members until the virus begins to subside,” SMART-TD President Jeremy R. Ferguson and BLET President Dennis R. Pierce wrote in their petition.

The unions’ request for an EO basically calls for an action plan to help address the potential spread of the coronavirus among rail workers by using protocols established by the Centers for Disease Control and Prevention (CDC). To date, the FRA has failed to enact such an action plan. Several components of the unions’ passenger rail EO request mirror those requested in their joint freight petition, which includes: locomotive sanitation, common room sanitation, employee temperature observation protocols, away-from-home terminal procedures, crew transportation sanitation, what to do if an employee develops symptoms, and furlough recall procedures. The unions’ petition for a passenger EO covers: coach/passenger car sanitation standards, sleeper car sanitation, and directives in case a passenger develops symptoms.

The unions suggest that 25% of furloughed rail personnel should immediately be recalled to service to deal with anticipated shortages and staffing needs, in accordance with President Trump’s invocation of the Defense Production Act.

“In order to standardize and define the best protocols across the industry for mitigation of the spread of the virus and the protection of both passengers and employees, there exists a number of safety precautions that need to be immediately ordered by FRA,” Presidents Ferguson and Pierce stated.

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.

The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

Read the emergency petition filed to FRA. (PDF)

CLEVELAND, Ohio (March 20) — The SMART Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET) today filed a joint request urging the Federal Railroad Administration (FRA) to issue an Emergency Order (EO) to address employee safety conditions in response to the national COVID-19 (coronavirus) outbreak.
“The employees we represent are essential to the health, safety, and security of the nation. Therefore, it is necessary that the railroads take immediate and appropriate precautions to mitigate against the spread of the virus amongst their workforces, to minimize the exposure of their employees to the virus during the performance of their duties, and that Class I railroads maintain sufficient staffing levels to compensate for reduced headcounts caused by sick employees and family members, as well as to seamlessly handle predicted increases in volume once the virus begins to subside,” SMART-TD President Jeremy R. Ferguson and BLET President Dennis R. Pierce wrote in their petition.
Although emergency relief procedures were activated by FRA Administrator Ron Batory on March 13, many rail carriers have been slow to adopt, or in some cases have neglected to adopt, Centers for Disease Control and Prevention (CDC) measures to mitigate the spread of COVID-19. An action plan to help address the potential spread of the coronavirus among rail workers has not been issued by FRA and reports that Class I employees, both administrative and over-the-road personnel, have confirmed or suspected COVID-19 illnesses have been received.
The emergency request from the unions follows a letter their presidents sent on March 6 that requested, among other emergency remedial measures, thorough sanitation efforts in railroad facilities and on locomotives to prevent the infection of workers.
The unions’ request includes that railroads adhere to CDC guidelines in the following areas:
• Locomotive sanitation
• Sanitation of common areas used by employees
• Monitoring of employee temperatures
• Sanitation of crew transportation vehicles
The unions also seek that accommodations for meals, including long waits for food, be made in the documentation of hours of service reports for away-from-terminal personnel, including an additional 30 minutes to report in response to a call to work.
Procedures on how to handle employees who develop symptoms of the coronavirus requested by the unions reflect CDC guidelines, which include isolation, personal protective equipment, transport, and self-quarantine.
Finally, the presidents wrote, 25% of furloughed rail personnel should immediately be recalled to service to deal with anticipated shortages and staffing needs, in accordance with President Trump’s invocation of the Defense Production Act.
“To standardize and define the best protocols across the industry for the mitigation of the spread of the virus and the protection of employees, these safety precautions need to be immediately ordered by FRA,” Presidents Ferguson and Pierce stated.
Read the petition (PDF)

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The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry.
The Brotherhood of Locomotive Engineers and Trainmen represents nearly 58,000 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.

CLEVELAND, Ohio (March 18) — SMART Transportation Division (SMART-TD) President Jeremy R. Ferguson and TD Bus Department Vice Presidents Calvin Studivant and Alvy Hughes sent a letter to Federal Motor Carrier Safety Administrator Raymond Martinez urging the head of the FMCSA to thoroughly respond to the rapidly spreading national threat of COVID-19 (coronavirus).
“While it is noted FMCSA recently issued a national emergency declaration and guidelines for commercial vehicles delivering relief in response to the COVID-19 outbreak, to our knowledge, it has not released information or guidelines pertinent to our members,” Ferguson, Studivant and Hughes wrote, noting that agencies such as the Federal Transit Administration, the Federal Aviation Administration, the Saint Lawrence Seaway Development Corporation and Maritime Administration have submitted guidelines to employers on how to handle COVID-19.
The SMART Transportation Division represents about 8,000 bus members, many of whom work in densely populated urban areas susceptible to the virus’s spread.
“We are urging you to issue emergency regulations directed towards metropolitan transportation authorities (and similar carriers), employees and passengers,” TD leadership wrote.
The mandates urged by SMART-TD to protect its membership and the public were that:

  • buses be sanitized after every route or tour of duty, prior to it being occupied by a subsequent operator or passengers. Require the use of CDC recommended chemicals to kill germs on surfaces, including wiping down all operator controls, seating, windows, steering wheels, door handles, switches, etc. (anywhere that an employee is likely to touch). Likewise, a disinfectant spray should be used at the end of cleaning to broadly disinfect the operators’ work area;
  • passenger areas and other equipment such as (but not limited to) computers, time clocks, restrooms, and communal areas such as offices, crew staging areas and garages be sanitized at least once every 8 hours, ideally within the range of normal shift changes and on/off duty times, if they exist;
  • the above sanitization tasks be performed by individuals designated and educated on proper procedures, who are equipped with the necessary personal protective equipment, and include the removal of trash from buses and communal areas (this should not be considered incidental work performed by operators);
  • operators and passengers be provided with personal protective equipment, alcohol-based hand sanitizer strong enough to kill viruses, and other cleaning supplies as deemed appropriate;
  • the number of passengers and/or employees in a confined area (including buses) be limited to comply with the applicable Local, State, and/or federal guidelines;
  • employees be encouraged to stay home if they have respiratory symptoms (coughing, sneezing, shortness of breath, and/or fever) and to leave work if they develop such symptoms while at the workplace;
  • prohibition of attendance policies and availability standards which could result in discipline or penalties for employees who miss work due to COVID-19 related symptoms and/or illness;
  • all employees (including supervisory staff) must be educated on the appropriate guidelines for self-monitoring of their health condition, as well as monitoring and addressing others who appear to be symptomatic;
  • all employees reporting to work must be scanned for fever prior to the beginning of each route or tour of duty, with employees identified as having an elevated temperature immediately isolated and sent home for treatment or self-quarantine in accordance with CDC guidelines;
  • carriers must report to the appropriate health departments where employees have shown aforementioned symptoms that prevent them from carrying out their assigned duties;
  • carriers must develop plans for employees who reside with, and/or come into direct contact with, individuals who are symptomatic, and
  • carriers must comply with other such guidelines issued by the CDC and the federal government.

President Ferguson and Vice Presidents Studivant and Hughes also urged Martinez to provide timely  updates as FMCSA engages in its response to COVID-19.
“Further, we ask that you provide continual updates to these guidelines/mandates, as other departments have done,” they wrote. “Please advise of your plans pertaining to this very serious situation.”
Read the entire letter to FMCSA Administrator Martinez.