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.”
Following almost 1,000 complaints from rail workers that they were improperly disciplined for reporting injuries or unsafe working conditions, the Federal Railroad Administration and the Occupational Safety and Health Administration have forged an alliance to bring more pressure on railroads to stop the pattern of harassment and intimidation.
“The safety of railroad employees depends on workers’ ability to report injuries, incidents and hazards without fear of retaliation,” said OSHA.
Between 2007 and 2012, OSHA received more than 900 whistleblower complaints under the Federal Rail Safety Act, and almost 63 percent involved an allegation that a worker was retaliated against for reporting an on-the-job injury.
The Federal Rail Safety Act of 1970 extended whistleblower protection to employees retaliated against for reporting an injury or illness requiring medical attention. The Rail Safety Improvement Act of 2008 added additional requirements ensuring injured workers receive prompt medical attention. An employer is outright prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.
Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.
Under the coordination agreement, the FRA will refer railroad employees who complain of alleged retaliation to OSHA. OSHA will provide the FRA with copies of the complaints it receives under the Federal Rail Safety Act’s whistleblower provision, as well as any findings and preliminary orders that OSHA issues. The agencies will jointly develop training to assist FRA enforcement staff in recognizing complaints of retaliation, and to assist OSHA enforcement staff in recognizing potential violations of railroad safety regulations revealed during whistleblower investigations.
“This memorandum is a watershed moment for both railroads and labor alike,” said FRA Administrator Joe Szabo. “Securing a process that protects employees who report safety violations is critical to maintaining safety standards in the workplace.”
In recent months OSHA has ordered railroads to pay millions of dollars in sanctions for violating federal whistleblower protections. “Firing workers for reporting an injury is not only illegal, it also endangers all workers,” OSHA said. In imposing sanctions against Norfolk Southern in 2011, OSHA said the railroad’s culture of employee harassment and intimidation permitted the railroad to “maintain the appearance of an exemplary safety record.”
UTU designated legal counsel have pledged to investigate and assist UTU members in bringing complaints under these laws.
A rail employee may file a whistle-blower complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.
A listing of UTU designated legal counsel is available at:
It seems like just yesterday, as UTU Illinois state legislative director and mayor of Riverdale, Ill., that I joined other mayors to successfully advocate for more frequent rail service from Chicago to downstate Illinois communities.
At the time, even that modest goal seemed daunting, as conventional wisdom said Americans would no longer ride trains.
Fast forward to 2012, where 30 million people are riding Amtrak each year — more than ever before.
The future looks even brighter.
How did it happen? My brothers and sisters at the UTU worked with mayors, business owners, university presidents and environmental groups across the nation to show elected officials at all levels of government how better train service would transform local economies, provide Americans with more transportation options and create new jobs.
Decades of advocacy are finally paying dividends, as we finally have a president in Barack Obama who understands that our economy is dependent on the quality of our transportation system. President Obama invested more than $10 billion in regional rail networks that will provide a much needed alternative to congested highways and airports as our nation grows by 100 million people over the next 40 years.
As FRA administrator, I have visited communities across the country as they begin construction projects. Some include:
* New England, where service will reach new communities in Maine this year.
* The Pacific Northwest, where new construction will lead to more frequent service between Seattle and Portland.
* The Midwest, where trips from Chicago to Detroit and St. Louis will be more than an hour shorter by 2014, and feature next-generation American-made trains.
* The Southeast, where new construction will lead to more frequent and reliable service between Charlotte and Raleigh.
* California, where construction is underway to add capacity to existing corridors, while the state breaks ground on its high-speed train system later this year.
The Obama administration also invested more than $3 billion to improve reliability and order new locomotives for the Northeast Corridor, while Northeast states begin planning for the next generation of the service.
In communities I visit, I meet leaders of both political parties who are excited to explain how their town will benefit from a project. As a former mayor, I relate. At the local level, transportation investments are not about politics – they are about creating new jobs, attracting new investment, and making the lives of our friends and neighbors better.
Now is the time for Congress to make the investments we need in passenger rail to create jobs today and provide America with the world-class transportation network we need in the 21st century.
(Prior to his April 2009 Senate confirmation as FRA administrator, Joe Szabo was UTU Illinois state legislative director. He is a fifth generation railroader.)
And the result, according to the Federal Railroad Administration, is a significant reduction in rail workplace derailments that too often lead to serious injury and death — plus, as a bonus, better labor/management relationships and improved operational performance.
We’re talking about four pilot projects called Confidential Close Call Reporting System (C3RS), whose core value is that railroaders don’t intentionally make mistakes, and the most effective means of correcting workplace errors that have the potential to cause death, injury and accidents is to investigate the cause in a non-judgmental environment.
In a review of C3RS pilot projects on Amtrak, Canadian Pacific, New Jersey Transit and Union Pacific, the FRA also determined they result in supervisors becoming “more fair and cooperative” and placing a greater value on safety relative to productivity, fewer discipline cases, and workers more willing to raise safety concerns with management.
C3RS is a collaborative effort involving the FRA, carriers, the UTU and the Brotherhood of Locomotive Engineers and Trainmen.
The pilot projects encourage engineers, conductors, trainmen and yardmasters to report — without fear of discipline or FRA enforcement action, even if rules violations are involved — close calls that may have resulted in accidents or injuries.
All C3RS reports by employees are collected anonymously and kept confidential. With names and locations masked, a C3RS peer review team recommends corrective action, such as improved training, changes in physical plant, changes in existing federal safety laws or regulations, changes in carrier operating rules, and improved training and/or education.
Examples of close calls include varying levels of risk, such as leaving pieces of equipment unsecured, improper blocking, operating trains beyond track authority, or violating operating rules.
UTU International Vice President John Previsich spearheads the UTU involvement in the four C3RS pilot projects – systemwide on Amtrak and New Jersey Transit, and at CP’s Portage, Wis., yard, and UP’s North Platte, Neb., yard.
At UP, which has the most experience with C3RS, the pilot project has led to reformatting track warrants so they are easier to read, and with a UP officer observing that C3RS “is helping UP move from a blame culture to one that bridges communication gaps between employees and management.”
WASHINGTON – The FRA has has strengthened its positive train control (PTC) team, naming Mark Hartong as senior scientific technical adviser for railroad electronic systems within the FRA’s Office of Safety.
Hartong’s primary responsibility, said the agency, “will be to ensure that electronic technology is applied in a manner that will support the safety and security of freight and passenger transportation on the national railroad system.”
In announcing the appointment, the FRA said Hartong has “in-depth understanding of the other critical systems, including the locomotive electronics, communications systems and back office dispatch systems that must interface with PTC.”
Hartong earned a Ph.D. in information technology from George Mason University and also earned two masters degrees in software engineering and computer science. Prior to joining the FRA in 2003, he worked with Lockheed-Martin Corporation in the Undersea Surveillance Division as senior engineer for all combat and communications systems for nuclear attack submarines as well as the Trident class ballistic missile submarines.
Hartong served for 14 years in the U.S. Navy, achieving the rank of lieutenant commander.
WASHINGTON – A final rule on improved locomotive cab safety and comfort has been published by the Federal Railroad Administration.
The final rule, affecting all new and remanufactured locomotives in road and yard service, follows collaboration among the FRA, rail labor and carriers through the Railroad Safety Advisory Committee (RSAC) process and becomes effective June 8.
Significant in the final rule is a requirement that new and remanufactured locomotives be equipped with a secure cab lock to prevent unauthorized intrusions. While many locomotives do have cab locks, not all are “secure.”
As secure cabs create intolerable conditions during hot weather, the new rule also requires climate control – air cooling inside the cab in hot weather as well as a cab environment ensuring a low temperature of no less than 60 degrees in cold weather – for all new and remanufactured locomotives.
“Fatigue management and security concerns require climate controlled locomotive cabs,” said UTU National Legislative Director James Stem. He observed that “CSX is doing a good job of consist management to move the newer and air-conditioned locomotives to the lead.”
Stem also observed that 22 months ago, a crew member was fatally shot inside a locomotive cab in Louisiana during a robbery attempt. And while that locomotive did have locking devices for the cab door and windows, the locomotive was not air-conditioned, which caused the crew not to secure the cab.
The new rule also affects use and operation of remote control locomotives, and revised standards for locomotive brake maintenance, headlight replacement and locomotive electronics.
One of the strongest studies validating the need for two-person crews and intensive training for conductors has come from the Federal Railroad Administration.
Following almost 1,000 complaints from rail workers that they were improperly disciplined for reporting injuries or unsafe working conditions, the Federal Railroad Administration and the Occupational Safety and Health Administration have forged an alliance to bring more pressure on railroads to stop the pattern of harassment and intimidation.
By Joe Szabo – 
It’s confidential and no-fault.