Three senators and a top federal safety official delivered a blistering critique on Tuesday of the Metro-North Railroad and regulators in Washington for lapses in maintenance and oversight that led to five accidents that killed six people in less than a year.
Led by Christopher A. Hart, the acting chairman of the National Transportation Safety Board, the group discussed findings on the probable causes of the accidents, including a derailment that left four commuters dead in the Bronx in December. In that crash, an engineer had dozed off, causing his train to career into a sharp curve at over 80 miles per hour, the safety board said.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration (FRA) today announced the findings and recommendations from its focused safety assessment of Chicago’s Metra. The assessment finds Metra to be generally compliant with federal safety regulations, but also directs the commuter railroad to take immediate steps to enhance its safety culture, which is an area of concern, and to better utilize safety technology.
“Safety is our highest priority and after three serious safety incidents on Metra within a seven day period, we proactively intervened,” said U.S. Transportation Secretary Anthony Foxx. “Our safety assessment identifies specific actions Metra should take to address risks to improve the safety of all passengers.”
FRA identified and prioritized specific safety concerns and actions Metra should take to mitigate them:
Empower conductors to prioritize the safety of operations over collecting fares, on-time performance and customer service;
Ensure heightened crew interactions during higher risk operations;
Establish new procedures to strengthen the flow of information between operating lines and Metra headquarters;
Add technical skills training for managers;
Add safety measures and procedures that would provide a level of safety redundancy to protect crossover movements;
Implement a Confidential Close Call Reporting System (C3RS); and
Immediately prioritize the acquisition, testing and installation of Positive Train Control
(PTC) systems that monitor and control train movements to provide increased safety.
“Continuous safety improvement must be the goal of every railroad,” said Federal Railroad Administrator Joseph C. Szabo. “The roadmap we’ve laid out for Metra today is an opportunity for them to renew their commitment to safety and win back the faith of the traveling public.”
FRA announced the launch of the safety assessment on June 6, 2014 after three serious incidents occurred between May 27, 2014, and June 3, 2014, that resulted in the decertification of three Metra locomotive engineers. Review the entire report on Metra. Read our original announcement of the Metra Safety Assessment.
FRA’s strategy for continuous safety improvement is founded on three pillars: a rigorous oversight and inspection program based on strategic use of data; advancing proactive approaches for early identification and mitigation of risk; and capital investments and a robust research and development program.
Federal Railroad Administrator Joseph C. Szabo spoke to attendees at the First Transportation Division Convention of the International Association of the Sheet Metal, Air, Rail and Transportation Workers in San Diego, Calif., July 1, 2014. His speech, as prepared, is below.
Good morning, everyone. It is great to be here with you today.
I am joined by Bob Lauby, FRA’s Chief Safety Officer, and Mike Lange, our chief track inspector here in California. I’d like to acknowledge all of our inspectors at FRA for the tremendous job they do every day to keep all of you safe, and to achieve higher levels of safety.
I know I say this every time I see you all of you: But five years into this job, I still am incredibly humbled to be the first FRA Administrator to have come out of the ranks of rail labor.
A while back, I was looking at some old safety statistics from 1967, the year the Federal Railroad Administration was formed. And what I saw – back then in 1967 – a rail worker was killed on the job nearly every other day.
Think about that: nearly one employee on-duty fatality every other day.
People with families. People who worked hard every day to move this nation’s freight and economy, and get travelers to jobs and other places. People like us – one of them not going home every other day.
And, if you think about it, at that time there were no guarantees that this industry, and these jobs, would continue being there in the future.
When I hired out in 1976, one-third of the nation’s railroads were in bankruptcy; one- third were on the edge of bankruptcy; and the remaining third were barely making a profit.
Conditions were so bad, we had standing derailments. The tracks would simply give out beneath cars sitting in the yard.
While on-duty injuries and fatalities continued to occur at a frightening pace, rail was a dying mode: rapidly losing freight to trucks and passengers to air and auto.
Thankfully, this great union has always lived by the motto that working men and women – when united together – have great power to make positive change.
Rail workers have fought through difficult conditions, and through years when funding for Amtrak and commuter rail was threatened to be cut, if not outright eliminated.
And an industry has emerged from that struggle that is now uniquely positioned to help our transportation system move more people and more goods as we grapple with climate change – an industry that is stronger and is safer.
In 2013, the number of rail workers killed on the job – instead of one every other day – was down to approximately one a month. Still too many, but a remarkable improvement.
And so far in 2014 we’ve only had two fatalities in the first six months. Yet again, remarkable improvement.
Train accidents have decreased to new lows for five straight fiscal years now, part of a nearly 50 percent reduction since Fiscal Year 2004. During that time, employee fatalities have declined by 59 percent.
Amtrak is now the nation’s fastest-growing major travel mode, with ridership records set in 10 out of the last 11 years.
And the freight rail industry is now in a better position than ever to meet the nation’s growing transportation needs.
But I’m not satisfied with any of this – not even close. Because that was still 14 unnecessary deaths in 2013 – and two so far in 2014.
And, while record investments have been made in passenger rail during this Administration, we have yet to succeed in our goal of securing predictable, dedicated rail funding: the resources we need for rail to achieve parity with other modes of transportation.
As we look towards the year 2050, we know freight railroads are going to play a growing role in moving more than 4 billion more tons of freight across the network, and a much greater role in meeting this nation energy’s needs.
So we have to work harder than ever to create a framework that will ensure these goods move safely, reliably and efficiently. We have to drive continuous safety improvement, protect communities, and see that every railroader goes home safely.
This is what President Obama, Secretary Foxx, and I are all fighting for.
And that is why we recently sent to Congress a bill that will tackle these challenge.
It is called the GROW AMERICA Act.
As the title implies, the GROW AMERICA Act will grow federal investments in all surface transportation modes – including rail – and it will advance safety.
For all of you, that means a safe workplace, and job growth.
GROW AMERICA will provide FRA with $19 billion in funding to advance a high- performing freight and passenger rail network and advance rail safety.
But it does even more.
For the first time ever, rail will achieve predictable, dedicated funding – like all other transportation modes – and allow it to grow as a safe, cost-effective, environmentally friendly, and efficient way to move people and goods.
Let me talk about the rail development side of our proposal.
GROW AMERICA will invest in both a Current Passenger Rail Service Program – meeting Amtrak’s needs – and a Rail Service Improvement Program to allow the system to grow.
The Current Passenger Rail program will fully fund Amtrak: ensuring a state of good repair system-wide, replacing obsolete equipment, and bringing stations into compliance with the Americans with Disabilities Act.
To continue the development of a high-performing passenger rail network, the Rail Service Development Program will provide grants to build new corridors – with service levels and speeds targeted to the market – improve existing corridors, and address chokepoints that delay passenger services.
To enhance safety, communities will be eligible for grant funding for projects such as rail-line relocation efforts, and grade-crossing improvements, and projects that seal off corridors by building over-passes and underpasses – things that create a safer operating environment.
And GROW AMERICA will enable us to both improve and expand rail options while driving continuous safety improvement.
New records in safety have not been achieved by mistake. They are due largely to railroad workers’ individual and collective commitment to safety – and to the success of FRA’s data-based oversight and enforcement program.
But human error continues to be our most vulnerable safety area, contributing to nearly 40 percent of accidents last fiscal year.
And there are limits to what our data-driven oversight and enforcement program can achieve. This was proven by the series of accidents on Metro-North and the tragedy with the crude oil train in Quebec.
In neither case did the data indicate an imminent tragedy.
This means we need to continue to empower you to undertake honest yet non-punitive assessments of human factors – the goal being to truly understand root causation.
Ultimately, these proactive approaches to safety, overlaid above our traditional oversight and enforcement program, is how we’ll reach the next generation of safety.
And GROW AMERICA supports this evolution.
For one, our proposal calls for a nationwide rollout of the Confidential Close Call Reporting System: a partnership between FRA, labor, and the carriers that our Risk Reduction Program Division has been testing through a series of pilot projects.
It allows us to learn from mistakes that were close calls instead of accidents – and take corrective actions before any harm occurs.
It is an important turn away from the old culture of waiting for an accident to happen, then punishing an employee for being human.
So far, our pilot projects have had remarkable results, including a 70 percent reduction in certain types of accidents and a 90 recent reduction in discipline. Just as important, it has developed a positive and proactive safety culture.
GROW AMERICA will reduce confusion and create a safer working environment by harmonizing railroad operating rules in terminals with multiple operations.
And – critically – it will give us authority to establish new hours-of-service regulations that are based on fatigue science.
That way, we can address what all of us know is the root cause of fatigue for over-the- road freight train crews: those unpredictable work schedules.
The time for meaningful action, to prevent work fatigue, and to require more predictable work schedules, is now.
There are two others areas of safety I want to talk about that are not covered by the GROW AMERICA Act, but that are very important.
The NTSB has made multiple recommendations regarding the use of inward- and outward-facing cameras in controlling locomotives.
And we recently asked the Railroad Safety Advisory Committee – which your union is a part of – to develop standards that ensure these devices are used to enhance safety and not as a tool to discriminate or violate employee privacy.
I know what can happen every day out on there on the property. I’ve been that union officer who was subject to “special attention” by an overly aggressive supervisor. I’ve walked in those shoes.
So I’ll repeat what I said to the committee, which is: we owe it to everyone – the public and rail workers – to get this right. And I know we can.
Some of you are involved in the transport of significantly higher volumes of crude oil.
In partnership with the Pipeline and Hazardous Materials Safety Administration, or PHMSA, FRA is examining the entire system for the safe delivery of crude oil.
There is not one silver bullet to solve this complex problem. It requires a comprehensive approach to evaluate risk and develop effective strategies to mitigate that risk.
As part of that, it is a fundamental premise of safety – and a tenet of the design of fail- safe systems – to never allow a single point of failure.
Safety science speaks repeatedly to the need for appropriate redundancy.
As you know, after the accident in Lac Megantic, Canada, we called the Railroad Safety Advisory Committee together for discussion on the subject of single-person crews.
But the Secretary made clear to me — the working group would either reach consensus by April 1, or FRA was to use its authority to move forward with a regulation on its own.
As you know, after six months of deliberations, the RSAC did not reach a consensus on this issue. But, as expected, we learned a great deal from the stakeholders.
The point I’m trying to make is, we understand the challenges, opportunities and potential effects of regulations – and have a responsibility to all parties to get this right.
It cannot be about job preservation, but must be solely driven by ensuring safety.
And so, we look forward to putting out proposed rulemaking language that is soundly developed, well-reasoned and balanced. And we look forward to your continued input during the comment period.
This union has supported its members and helped to build a safer, stronger industry. The next generation of railroaders – in many ways – will have you to thank.
And I think, the next generation of railroaders, looking back on this time, will say: “this is when we changed the conversation.”
Five years ago, there was no passenger rail development program, and we were just beginning to move forward with Rail Safety Improvement Act mandates that are now starting to lead an evolution in railroad safety culture.
But rail still has yet to achieve funding parity with other modes. And regarding safety, the loss of even one rail worker is just one too many.
The ideas we are fighting for in GROW AMERICA will move us forward. This is where we go beyond changing the conversation to changing history.
So I need all of you to get involved in this issue.
I need you raising your voices in unison – through your union – to let Congress know what this could mean for rail safety, for our nation’s economy, and for jobs.
So, look out for each other out there. Take no shortcuts in your duties and continue to be engaged in peer-to-peer efforts like SOFA and Confidential Close Calls reporting.
As we grow the role rail will play in moving people and goods, you have the power to continue to raise the professionalism of this industry; to ensure dignity and respect for craft employees by supporting a culture change in this industry; and, to create a safer operating environment.
And if Congress supports GROW AMERICA – together – that’s exactly what we’ll do. Thanks so much.
SMART Transportation Division President John Previsich and Vice President John Lesniewski listen to a speech by Federal Railroad Administrator Joe Szabo at the First SMART Transportation Division Convention July 1.
BILLINGS, Mont. – U.S. transportation officials said Wednesday that details about volatile oil train shipments are not sensitive security information, after railroads have sought to keep the material from the public following a string of fiery accidents.
The U.S. Department of Transportation has ordered railroads to give state officials specifics on oil-train routes and volumes so emergency responders can better prepare for accidents.
WASHINGTON — The nation’s top railroad regulator drew withering criticism Tuesday for his agency’s record of safety enforcement against Metro-North Railroad.
The Federal Railroad Administration’s use of its power to fine railroads for safety violations “is a mockery of justice,” said Sen. Richard Blumenthal with some heat in an interview after tangling with FRA Administrator Joseph Szabo during a Senate Commerce, Science and Transportation subcommittee hearing.
Robert C. Lauby has been selected as associate administrator for railroad safety/chief safety officer for the Federal Railroad Administration.
In that position, he will provide regulatory oversight for rail safety in the United States and oversees the development and enforcement of safety regulations and programs related to the rail industry.
Lauby has 35 years of railroad and rail transit experience. He joined the FRA in August 2009 and has been a member of the senior executive service since March 2010.
As the deputy associate administrator for regulatory and legislative operations, he was responsible for safety rule making activities and has served as chairperson of the Railroad Safety Advisory Committee (RSAC).
“Bob Lauby was formerly in charge of rail accident investigations at the National Transportation Safety Board and was very supportive of the UTU’s efforts at the NTSB with our Transportation Safety Team. He was very helpful at our Boston regional meeting this year,” SMART TD National Legislative Director James Stem said.
The FRA also announced that Les Fiorenzo, regional administrator for Region 1, will serve as acting deputy associate administrator for safety compliance and program implementation. In this role, Fiorenzo will be directly responsible for the safety inspection and enforcement program in the FRA’s eight regions.
Two ethanol safety seminars are being held in Ohio this week hosted by The Renewable Fuels Association (RFA) and Wheeling & Lake Erie Railway.
The first safety seminar will be held Wednesday, April 24, at the American Red Cross in Akron, Ohio, and the second is to be held in Canton, Ohio, at the auditorium of the Canton Township Training Center on Thursday, April 25. Both seminars are free and have two sessions. The first session is from 9 a.m. – 2 p.m. and the second is from 5:30 p.m. – 10 p.m. on each day. The seminar is free and a meal will be provided at each session due to a grant received from the Federal Railroad Administration.
Attendees will receive information on ethanol safety and what to do in case of an accident involving ethanol. The seminar focuses on transportation and transfer of ethanol-blended fuels, storage and dispensing locations, firefighting foam principles, health and safety considerations for ethanol-blended emergencies and tank farm and bulk storage fire incidents.
The RFA will be co-hosting Ethanol Safety Seminars throughout 2013. Scheduled seminar locations and dates are Troy, Mich., (May 9, 2013); Grand Island, Neb., (June 12, 2013); Columbus, Neb., (June 13, 2013); Salem, Ore., (June 18 & 19, 2013); and a statewide tour of California throughout July.
Those interested in attending a free seminar should register at www.rfa.traincaster.com. More information on ethanol emergency response can be found at www.ethanolresponse.com, or by calling (402) 391-1930.
One of the strongest studies validating the need for two-person crews and intensive training for conductors has come from the Federal Railroad Administration.
The conclusion is that the conductor and engineer function as a team, with managing multiple priorities essential to safe train operation – especially with regard to use of positive train control technology that will be installed on some 40 percent of mainline track.
The FRA observes that such mixed territory operation will require a higher level of vigilance by the train crew, including detailed knowledge of territory that can come only from intensive conductor training.
“This study supports what the UTU has been advocating – that conductor training standards, system safety plans, fatigue management and risk reduction must be given the highest priority by railroads to ensure safe operation,” said UTU National Legislative Director James Stem.
The FRA study emphasizes that the conductor’s main task is to supervise overall operation and administration of the train, which involves communicating closely with the engineer regarding upcoming signals and slow orders, alerting the engineer to hills, curves and grade crossings, monitoring the engineer’s performance, providing back-up as needed, and handling all radio communications and paperwork “so that the locomotive engineer can concentrate on operating the train.
“Knowledge of the territory provides the foundation for being able to operate safely and efficiently,” says the FRA. “Train crews need to develop a detailed mental model of the physical territory in which they operate. This includes knowledge of territory grade, location of signals, milepost signs, grade crossing landmarks, sidings, switches and detectors, as well as knowledge of track layout of yards and location of industries.”
Conductors also must “monitor the composition of their train consist relative to key elements in the environment,” says the report. “For example, they need to maintain awareness of the location of the front and back of the train relative to grade crossings or speed restriction zones [and] whether their train will fit without blocking a crossing” as well as knowledge of high and wide cars and clearances and parallel track meets.
A conductor must be “a problem solver,” says the FRA, because “conductors routinely confront novel situations where they perform mental simulations to identify a correct solution. This skill develops with experience.”
For a conductor to perform at their highest level of skill, “it can take up to five years’ experience to gain sufficient experience to become a confident, expert conductor,” says the FRA. “Too much is at stake in terms of safety of the operation to permit short-cutting of experience and training,” said Stem.
The FRA endorses a combination of classroom training with on-the-job training, assuring that students spend time in the classroom learning, go out in the field to apply what they learned, and then return to the classroom to be tested. Proficiency based training with incremental blocks of training and testing before advancing is based on the science of knowledge transfer.
Regulations for conductor certification adopt many of these conclusions. This report confirms that territorial qualifications are an integral part of the functions of conductors and engineers and must be addressed as such. If the conductor has not obtained the necessary qualifications on a territory, a certified conductor with those qualifications must be added to the crew as a pilot.
Other conclusions in the study are that the operating crew must function as a team to properly manage the multiple safety requirements on a moving train, and the judgment of the operating crew is the most important safety appliance.
The UTU is monitoring closely railroad conductor certification plans, opposing one railroad’s plan to provide a pilot for territorial qualifications only for conductors who have not traveled over a territory for 36 months, rather than the 12 months required in current agreements. Some territories are so complex that operating crews are required to update their territorial qualifications every six months.
“The UTU will not permit a tortured interpretation” of congressional and FRA intent, and will work to ensure every railroad follows the letter and intent of the law and regulations prior to the deadline for certifying conductors,” said UTU International President Mike Futhey.
“The railroads tried to supersede 50 years of collective bargaining success with their filing on conductor certification. The UTU did not allow a new safety regulation to change the many common sense solutions that have been implemented during the past five decades,” Futhey said. “This report fully bolsters our position.”
Three actions announced by the FRA this month are intended to eliminate out-of-date duplicative paperwork for smaller railroads, as well as for engineers seeking dual engineer and conductor certification.
Among the changes proposed:
* Streamlining the process for certifying locomotive engineers by allowing engineers to use a single medical certificate for both the conductor and engineer certification processes.
* Implementation of electronic recordkeeping for smaller freight and commuter railroads, estimated to save some 200,000 hours of paperwork annually. Those carriers using electronic recordkeeping may manage their reports internally, rather than submitting every written report to the FRA.
* Those smaller railroads that do not shift to electronic recordkeeping will also be permitted to manage their reports internally rather than submitting every report to the FRA.
WASHINGTON – Three senior Democratic senators have asked the General Accountability Office – informally known as the congressional watchdog – to review the state of railroad safety and how the Federal Railroad Administration, state rail safety agencies and other stakeholders cooperate to ensure the safe transportation of rail freight and passengers.
The review as requested by Senators Frank Lautenberg (D-N.J.), chair of the Surface Transportation Subcommittee; Jay Rockefeller(D-WVa.), chair of the Senate Commerce Science and Transportation Committee; and Dick Durbin (D-Ill.), the assistant majority leader and second highest ranking Democrat in the Senate.
Lautenberg said that the Rail Safety Improvement Act of 2008 “took important steps to address rail safety, but recent accidents have shown the need to continue examining safety and reducing the risk of accidents and fatalities.”