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(The following is a security alert from the UTU’s Rail Safety Task Force.)

Rail security remains a constant threat to the nation’s railroads and our members. President Futhey wrote of this concern in a recent leadership message, “We need training to spot trouble.”

Based on recent events, the UTU’s Rail Safety Task Force strongly encourages all railroaders to remain vigilant in our effort to recognize potential threats.

That message was hammered home at a recent FRA hazardous materials seminar in Hot Springs, Ark. The hazardous materials specialist told a chilling story of a recent routine inspection of a rail yard.

The FRA specialist was approached by a conductor and asked, “Are you back again? We were just inspected a few days ago.”

The FRA specialist inquired about the suspicious individual’s description and what happened. Immediately, he realized that the FRA had no one in the region that fit the description.

The facts became more chilling.

When the possible terrorist was asked by a crew member as to whom he was, the individual flipped out a badge and quickly closed it without giving the crew member an opportunity to inspect it. The suspicious individual went as far as to inquire about the chemicals vinyl chloride and ammonia nitrate — if there were any cars in the yard with those chemicals, and the frequency they were there.

With rail crews subjected to physical abuse, robberies and threats from public trespassers, the potential for a breach in security seems to be trending in the wrong direction.

The UTU Rail Safety Task Force reminds our members to focus on the following:

KNOW YOUR WORKSITE: Know your area officers, co-workers, FRA and TSA inspectors — if not personally, at least by name or face.

If a person or vehicle looks out of place, and you are unsure of who an individual is, or if suspicions arise for any reason, follow your railroad’s guidelines to ensure that person remains on the property. In many cases this may involve contacting the proper authority to handle the threat.

All federal agents are required to present proper identification upon request. In cases of trespassers, caution should always be taken and it may be best to let those authorized to handle such situations handle them.

 MAINTAIN SITUATIONAL AWARENESS: Be aware of suspicious individuals and items. We generally travel and work the same areas. If something looks out of place, report it immediately. Do not leave a potential threat for others to handle.

Be aware of high risk locations, such as fuel facilities, hazardous materials cars, radio towers, and dimly lit areas. Make sure to inspect safety appliances and use them if they are required.

Inspect all locks, gates, doors and derails that are used as safety devices, and report those that are found to be damaged or missing to the proper authority.

As always, our first line of defense is ensuring that any issues that may impair our personal safety are properly handled in an expedient manner. Those on the ballast see or hear it first, and it is those on the ballast who are most in harm’s way.

For more information on the UTU Rail Safety Task Force, click below:

http://utu.org/utu-rail-safety-task-force/

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU Arizona state legislative director

Steve Evans, UTU Arkansas state legislative director

Jerry Gibson, UTU Michigan state legislative director

The 24 days between Dec. 22 and Jan. 14 have proven the most deadly for railroad workers. More fatalities and career-ending injuries occur during this calendar period than any other.

With the holiday season upon us, we owe it to ourselves and our families to keep the season joyous and free from needless sorrow. Safety is a gift we keep giving our families.

Returning home to our families in one piece requires more than simply saying, “Be careful out there.”

Since 1998, the Switching Operations Fatalities Analysis (SOFA) working group — comprised of representatives from labor, management and the FRA — has devoted itself to bringing railroaders home to their families in one piece.

SOFA’s five lifesaving tips can save yours, as they have saved countless other railroaders from death and career-ending injuries:

  1. Secure all equipment before action is taken.
  2. Protect employees against moving equipment.
  3. Discuss safety at the beginning of a job or when work changes.
  4. Communicate before action is taken.
  5. Mentor less experienced employees to perform service safely.

The SOFA working group also warns of special switching hazards:

  • Close clearances
  • Shoving movements
  • Unsecured cars
  • Free rolling rail cars
  • Exposure to mainline trains
  • Tripping, slipping or falling
  • Unexpected movement of cars
  • Adverse environmental conditions
  • Equipment defects
  • Motor vehicles or loading devices
  • Drugs and alcohol

UTU members participating in the SOFA working group are Louisiana State Legislative Director Gary Devall, Minnesota State Legislative Director Phil Qualy and Kansas Assistant State Legislative Director Ty Dragoo.

In the 17 years since 1992, only four have been fatality free, and almost 12 percent of all on-duty employee fatalities have occurred during the 24 days between Dec. 22 and Jan. 14.

Staying vigilant and heightening your situational awareness — by following the SOFA working groups life-saving tips, by being aware of special switching hazards, and by encouraging increased communication among crew members, limiting task overload and focusing on the task at hand — is the most effective way to return home to your families in one piece.

And remember: almost as many injuries and deaths involve employees with many years of seniority as new hires.

Let’s not permit ourselves to drift into mental vacations. As the SOFA working group says, warnings “can be viewed as numbers on a page, but the loss of a railroad employee is real, and brings sadness to their family, co-employees and friends.”

The UTU Rail Safety Task Force extends a happy holiday greeting to all members and their families.

For more information on the UTU Rail Safety Task Force, and to communicate with the task force, click below:

http://utu.org/utu-rail-safety-task-force/

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU Arizona state legislative director

Steve Evans, UTU Arkansas state legislative director

Jerry Gibson, UTU Michigan state legislative director

The value of detailed documentation can never be overstated.

UTU members have been empowered to address the issue of harassment and intimidation though federal whistleblower protection that is written into law.

This protection already has had a positive impact. Recently, an investigation by the Occupational Safety and Health Administration (OSHA), which followed information from a whistleblower, resulted in $300,000 in multiple punitive damage awards against commuter railroad Metro North

The UTU Safety Task Force has received many complaints about harassment and intimidation.

Some of the carriers have made a relentless practice of harassment for the sake of productivity, with little or no regard for our members’ safety. With your detailed documentation, this will change.

In addition to reporting all dangerous safety conditions to your respective carriers, your report should be made to your local legislative representative and state legislative director, with copies to your local chairperson and other local officers.

Your report should contain pertinent information, such as:

  1. Date and time with job/train ID
  2. Location
  3. Name of carrier official who instructed you to make an unsafe act or safety violation.
  4. Statement of the alleged safety violation, including threats, harassment, intimidation or unsafe events directly attributing to this situation.

By your paper trail of documentation, your LRs and SLDs can take the appropriate actions.

The UTU Safety Task Force suggests you familiarize yourself with these procedures in order that we all share a safer workplace.

A summary of whistleblower protection under the law follows:

The Law and its Protections:

(a) In General. — A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done—

(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—

 (A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978.

 (B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or

 (C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;

 (2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;

 (3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;

 (4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;

 (5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;

 (6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation;

 (7) to accurately report hours on duty.

 In addition,

(8) A railroad or person shall not deny, delay, or interfere with the medical or first aid treatment of an injured employee. If transportation to a hospital is requested by an injured employee, the railroad shall promptly arrange to have the injured employee transported to the nearest medically appropriate hospital. A railroad shall not discipline, or threaten discipline to an employee seeking medical treatment, or for following orders or a treatment plan of a treating physician. Provided, however, it will not be a violation if the refusal by the railroad is pursuant to the FRA’s medical standards regs. or a carrier’s medical standards for fitness for duty.

Remedies:

(1) In general.— An employee prevailing in any action shall be entitled to all relief necessary to make the employee whole.

(2) Damages.— Relief shall include—

(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;

(B) any backpay, with interest; and

(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.

(3) Possible relief.— Relief in any action may include punitive damages in an amount not to exceed $250,000.

(e) Election of Remedies.— An employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the railroad carrier.

 (The UTU Safety Task Force was created by UTU International President Mike Futhey in response to a sharp spike in railroad on-duty employee fatalities.

(Members of the task force are: Arizona Assistant State Legislative Director Greg Hynes, chairman; Arkansas State Legislative Director Steve Evans; Michigan State Legislative Director Jerry Gibson; and Arizona State Legislative Director Scott Olson.)

View the Safety Task Force interactive Web page at:

http://utu.org/utu-rail-safety-task-force/

August 17, 2009