SMART Transportation Division President John Previsich testifies Thursday afternoon before the House Subcommittee on Railroads, Pipelines, and Hazardous Materials.
SMART Transportation Division President John Previsich appeared before the U.S. House Subcommittee on Railroads, Pipelines, and Hazardous Materials to testify on the state of the railroad workforce. Rather than use his prepared written testimony, he delivered a statement in response to the testimony given earlier in the hearing by Federal Railroad Administration Administrator Ron Batory. In his statement, President Previsich told the representatives about issues crucial to the rail labor workforce, including what he described as FRA’s “abdication” of its safety oversight duties in the wake of its withdrawal last month of the Notice of Proposed Rulemaking regarding a minimum train crew size. He also addressed questions posed by subcommittee members on subjects including Congress’s role in helping to ensure a safe working environment for rail workers, the national Safe Freight Act two-person crew legislation and the role of technology, including automation, and its effects on the rail labor workforce. A video of President Previsich’s testimony and responses is embedded below.
By John Previsich, SMART TD President, and Dennis Pierce, BLET National President On Thursday, May 23, 2019, we were informed that the Federal Railroad Administration (FRA) had released a notice, withdrawing a 2016 notice of proposed rulemaking establishing a minimum train crew size for most rail freight operations in the United States. This news was not surprising. What is shocking, however, is the degree to which FRA has chosen to subordinate the safety of BLET and SMART TD members, other railroad workers, and the American public to the interests of the nation’s major railroads. FRA’s reference to current crew sizes, which have existed for decades, as mere “crew redundancy” displays an astonishing ignorance of the findings of the agency’s own research studies, which establish — in detail and beyond dispute — the unique and specific duties of each crewmember. FRA also disappointingly engages in self-serving fact selection in its attempts to negate the importance of the 2013 Lac-Mégantic tragedy and the Casselton, North Dakota, oil train derailment — and subsequent explosion and fire — to the crew size debate. And it simply ignores several subsequent accidents where a two-person crew saved the public from an even more horrific outcome. In its rush to diminish the safety impact of common-sense crew size regulations, FRA also points to various regulations requiring risk analyses and the adoption of risk reduction plans by railroads. While our Organizations fully support such plans, we note that Congress mandated regulations governing these subjects more than a decade ago, but they have yet to be promulgated because of industry recalcitrance and obstructionism. Also, the argument that two-person crews have not been proven safer — because of FRA’s failure to collect crew size data — while the data support a conclusion that single-person crews are not demonstrably less safe is mystifying in its logic, to be charitable. Moreover, the federal rail safety regulator hints that there is no “specific requirement that would prohibit autonomous technology from operating a locomotive or train” in the absence of any human crewmember whatsoever as a means of “reducing accidents caused by human error.” If the ongoing grounding of the Boeing MAX aircraft has taught nothing else, FRA and the Department of Transportation should be mindful of the danger of transferring the risk of a human factors accident from operator to programmer when autonomous technology is implemented. For this reason, FRA’s declared “support [for] the integration and implementation of new automation technologies” on the nation’s locomotives should give everyone pause. Lastly, the Agency’s invocation of the negative preemption doctrine is incredible. Both the industry and the Agency reject prescriptive safety regulations as a philosophical matter, because they supposedly require a “one size fits all” approach; indeed, this was part of the industry’s argument against the proposed rule. In stark contrast to this philosophy, FRA’s invocation of negative preemption seeks to promulgate a prescriptive prohibition, regardless of the implications of its action on federalism. In so doing, the valid safety concerns expressed by supporters of the proposed rule such as National League of Cities — representing more than 19,000 cities, villages, and towns — and the Western Organization of Resource Councils are dismissed out of hand. We frankly did not expect this Administration to complete this rulemaking, but we did afford the new Federal Railroad Administrator a fair opportunity to demonstrate that safety was his primary objective. Given the scope of this withdrawal, the Administrator has clearly failed the test, because he has placed corporate profits above public safety. Railroad safety has taken a giant step backward today, but our Organizations do not intend to let this development go unchallenged.
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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 over 57,500 professional locomotive engineers and trainmen throughout the United States. The BLET is the founding member of the Rail Conference, International Brotherhood of Teamsters.
WASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) May 8 announced a Notice of Proposed Rulemaking (NPRM) to update the regulation that governs locomotive engineer qualification and certification to make it consistent with the corresponding regulation for conductors. “The proposed revisions would modernize locomotive engineer certification regulations to match those for train conductors, and provide regulatory efficiencies and cost savings without compromising safety,” FRA Administrator Ronald L. Batory said. “The proposal would streamline the engineer certification process, and reduce paperwork burdens for the responsible parties.” The proposed rule would adopt the conductor certification regulation process established in 2012 by making conforming amendments to the engineer certification regulation, which was first issued in 1991 and last amended in 2000. Consistent with Executive Order 13771, the proposed rule would reduce overall regulatory reporting and cost burdens for railroads and locomotive engineers. Harmonization of the conductor and engineer regulations would also provide greater clarity to locomotive engineers. The NPRM includes the following five proposed changes to Title 49 of the Code of Federal Regulations, Part 240:
Clarifies locomotive engineer certification requirements (Part 240) and aligns them with conductor certification requirements (Part 242) to make it easier for railroad certification managers to become familiar with and administer both regulations.
Reduces the reporting burden of a person’s former employer to clarify that only certain listed information in the individual’s railroad service record that directly relates to FRA’s requirements in the certification regulation needs to be shared.
Defers the requirement for railroads to seek a waiver from annual testing of certified locomotive engineers when individuals take an extended absence from performing service requiring certification.
Modernizes the dispute resolution process by reducing the paperwork burdens for both employees and railroads and allowing for web-based dockets.
Simplifies the submission process by which qualification and certification programs are modified by allowing electronic submissions.
The proposed revisions for locomotive engineer qualification and certification ensure that certain provisions are consistent, to the extent possible, with those for conductors. FRA is seeking comments on the proposed rule, and will address comments received when preparing a final rule. Comments may be submitted to the docket for the proceeding FRA-2018-0053, and are due by July 8, 2019. Read the full proposed rule here.
The Federal Railroad Administration (FRA) will have some major shoes to fill with the April 13, 2019, retirement of Robert “Bob” Lauby, the agency’s chief safety officer. Lauby had served in that capacity for FRA since September 2013. He was a frequent presenter at SMART Transportation Division regional meetings and worked to provide regulatory oversight for rail safety in the United States while overseeing the development and enforcement of safety regulations and programs related to the rail industry. Lauby “Serving as the associate administrator for Railroad Safety and FRA’s chief safety officer is one of the highlights of my career,” Lauby said. “The job has been both challenging and fulfilling. “Over the years, we grappled with many important issues and have significantly changed the industry for the better.” Lauby had a hand in several regulatory safety efforts at FRA such as Positive Train Control, conductor certification, training requirements, drug and alcohol testing for maintenance of way employees, roadway worker protection, passenger equipment standards, system safety and others. Other safety oversight improvements happened as a result of major accidents. Some of the major ones included crude-oil accidents at Lac Megantic, Ontario, Canada; Mount Carbon, W.Va.; and other locations; commuter train accidents at Spuyten Duyvil and Valhalla, N.Y.; and Amtrak passenger train accidents in Philadelphia and Chester, Pa.; Dupont, Wash.; and Cayce, S.C. “No matter the challenges swirling around him, Bob had safety in mind,” said National Legislative Director John Risch. “He’s been great to work with and one of the most committed, level-headed professionals in the rail industry.” Lauby said that he treasured any interaction he could have with members of rail labor as these helped to broaden his perspective about whom he was working to protect. “I always took time to talk to the SMART TD membership to get their complaints, opinions, and perspectives on the latest industry issues,” Lauby said. “I often left enlightened or with a new perspective. “Railroad managers are experts on what is supposed to happen. SMART TD members are experts on what actually happens. They always know what works and what does not work.” In his more-than-40-year career, Lauby’s railroad and transit experience included safety, security, accident investigation, project management, project engineering, manufacturing and vehicle maintenance. He joined the FRA in August 2009 as staff director of its newly established Passenger Rail Division in the agency’s Office of Safety and was later promoted to deputy associate administrator for regulatory and legislative operations at FRA. One of his responsibilities in that role was to oversee the Rail Safety Advisory Committee (RSAC). Prior to his time at FRA, Lauby was director of the National Transportation Safety Board’s Office of Railroad Safety, overseeing hundreds of rail accident investigations for NTSB and coordinating with our union’s Transportation Safety Team in many investigations. He was NTSB’s representative on RSAC. Lauby addressed SMART TD members in a workshop at the 2018 Seattle, Washington, regional meeting. “At our regional meetings, I would introduce Bob and tell the troops that Bob was the big gun and can handle all the tough questions, which he always did,” Risch said at a party celebrating Lauby’s retirement in late March. Lauby said he took his multiple presentations at TD regional meetings, including at the Seattle regional meeting last July, seriously — he felt he owed it to the attendees to give them useful information. “I looked forward to the meetings each year and spent hours preparing my presentation and preparing for the questions I would get at the end – during the Q and A session,” he said. “I wanted the material I presented to be timely and useful to the membership, and I always tried to include the inside scoop – the stuff nobody else would talk about!” But the benefits from his visits and interactions went both ways, he said, and showing up at the meetings gave him a fresh perspective on the industry. “I always enjoyed speaking to the SMART TD membership – both at the Regional Meetings and when they were on their jobs,” Lauby said. “Whenever I traveled by train, I tried to spend time with the train crew or ride the head end to find out the issues of the day. “I learned more about railroading from the working men and women of the railroad industry than from anyone else.” Lauby’s departure is leaving a vacancy that FRA will have a difficult time filling, Risch said. “No one will really fill your shoes because there is no one with the knowledge and experience to do that,” he told Lauby at his retirement party. “You committed your working life to rail safety, you have been a good friend of mine and a good friend to railroad workers everywhere. “We wish you all the best as you enter this next stage of your life.” Lauby said his career leaves him with a sense of gratitude. “I will always be grateful to have had the opportunity to work in the industry I love, in a role where I felt I could make a difference,” Lauby said. “I will miss the thousands of people I interacted with each year. That includes the FRA employees and railroad industry labor and management … all the folks I dealt with at the various RSAC meetings. People are the most important part of any organization and the railroad industry is no different.”
The Federal Railroad Administration’s Switching Operations Fatality Analysis working group (SOFA) – which has three SMART TD representatives – has released its switching fatality and severe injury update for the fourth quarter of 2018. SOFA reported a total of 17 severe injuries for the fourth quarter, bringing 2018’s annual total to 68. Of those severe injuries reported in the quarter, one resulted in amputation. None of the incidents were fatal. For the year, there were eight amputations. When combined with the first three SOFA quarterly reports, the group counted three switching-related fatalities in 2018. SMART TD had seven member fatalities last year. In 2017, SOFA reported 68 severe injuries and nine amputations. Click here to see the full report.
WASHINGTON – The U.S Department of Transportation’s (USDOT) Federal Railroad Administration (FRA) issued to Congress the first National Strategy to Prevent Trespassing on Railroad Property. The report examines the causal factors that contribute to trespassing incidents on railroad property, and responds to a U.S. House of Representatives Committee on Appropriations request. “Almost every trespasser death or injury is preventable and FRA is working to intensify our efforts,” said FRA Administrator Ronald L. Batory. “Now that we have examined current data on contributing factors of the problem, we are seeking to energize our state and local partners to implement solutions and save lives.” In the report, the FRA examined trespasser casualties over a four-year period (Nov. 2013 to Oct. 2017) and identified the top 10 counties in the United States where the most pedestrian trespasser casualties occurred (Los Angeles, Calif.; Cook (Chicago), Ill.; San Bernardino, Calif.; Harris (Houston), Texas; Broward, Fla.; Palm Beach, Fla.; Fresno, Calif.; Riverside, Calif.; Contra Costa, Calif.; San Diego, Calif.). The report shows that, excluding suicides, 4,242 pedestrians were killed or injured while trespassing on railroad property nationwide during this time period. Preventing trespasser casualties and injuries is a high priority for FRA as part of the Department’s safety mission. In October 2018, FRA convened a Trespasser & Grade Crossing Fatality Prevention Summit at its headquarters in Washington, DC. Secretary Chao, Administrator Batory, representatives from other DOT modal administrations, and key stakeholders from the rail industry, law enforcement, and the navigation industry attended the meeting to discuss strategies to reduce grade crossing and trespasser fatalities, as well as to solicit ideas to develop and implement a comprehensive national plan and strategy. FRA looks forward to coordinating and working with all stakeholders to prevent trespassing incidents, and this report is an important step forward in the continued effort to improve rail safety. FRA’s national strategy to prevent trespassing on railroad property includes four strategic focus areas: data gathering and analysis, community site visits, funding and partnerships with stakeholders. Data gathering and analysis of trespass incidents and close-calls will enable FRA to target its resources to trespassing “hot spots.” Conducting community site visits will help FRA to learn more about the specific local circumstances that contribute to trespassing and work with partners to help implement and evaluate targeted mitigation strategies. Requesting and providing funding will support community-based efforts to deter trespassing. Finally, building strong and enduring partnerships with communities, law enforcement, railroads and other organizations with a shared interest in saving lives will enable FRA to leverage and concentrate available resources, expertise and local knowledge to combat trespassing. Short term targets for success include stakeholder engagement and implementation of strategies that save lives at trespassing “hot spots.” Over the long term, FRA will measure the success of this national strategy by how much trespassing incidents and casualties are reduced nationwide. To access the full report, click here.
On Dec. 28, 2018, the Federal Railroad Administration (FRA) published its determination of minimum random drug and alcohol testing rates for 2019 for covered service employees and Maintenance of Way (MOW) employees in the Federal Register. FRA determined that the minimum annual random testing rates for covered service employees will stay at 25 percent for drugs and 10 percent for alcohol. The minimum rates for MOW employees will stay at 50 percent for drugs and 25 percent for alcohol. To set its minimum testing rates each year, FRA examines data submitted to its Management Information System (MIS) for the last two complete calendar years. FRA said that the rail industry’s random drug testing positive rate for covered service employees (employees subject to hours of service regulations) remained below 1.0 percent and 0.5 percent for alcohol testing violations for 2016 and 2017, allowing for the FRA administrator to determine that testing rates should remain the same. Testing for MOW employees began in June 2017 and the FRA stated that it needs more data before rates are adjusted. It’s worth noting that the rates do not include data from testing for opioids as that testing began Jan. 1, 2018. Data from the testing for opioids will be included in next year’s rates. The new rates for service and MOW employees are in effect Jan. 1, 2019, to Dec. 31, 2019. It should be noted that because these rates set by the FRA represent minimums, railroads may choose to test above the set rates. Click here to read the official notice published in the Federal Register.
WASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) issued a final rule establishing modern, performance-based safety standards for railroad passenger equipment. The rule reinforces FRA’s commitment to safety while representing one of the most significant enhancements to the nation’s passenger rail design standards in a century. The rule paves the way for U.S. high-speed passenger trains to safely travel as fast as 220 miles per hour (mph). “These new regulations were made possible by a wealth of FRA research, reinforcing our unwavering commitment to safety,” FRA Administrator Ronald L. Batory said. “FRA’s safety experts solicited input from industry stakeholders at numerous levels and took those ideas to develop standards supporting a new era in public transportation.” The final rule defines a new category of high-speed rail operations and makes it possible for high-speed rail to utilize existing infrastructure, saving the expense of building new rail lines. These new ‘Tier III’ passenger trains can operate over this shared track at conventional speeds, and as fast as 220 mph in areas with exclusive rights-of-way and without grade crossings. The final rule also establishes minimum safety standards for these trains, focusing on core, structural and critical system design criteria. FRA estimates that the rule will improve safety because of expected improvements made by the railroads to accommodate the operation of high-speed rail equipment in shared rights-of-way. The final rule will be a deregulatory action under Executive Order (EO) 13771, “Reducing Regulation and Controlling Regulatory Costs.” The rule is expected to save more than $475 million in net regulatory costs. Passenger train manufacturers across the globe have utilized innovative design and testing techniques for years, incorporating features such as crash energy management. Under FRA’s previous passenger equipment regulations, U.S. rail companies have had limited procurement options or have needed to petition FRA for waivers to use these newer technologies. The final rule continues to define Tier I as trains operating in shared rights-of-way at speeds up to 125 mph, and it also allows state-of-the-art, alternative designs for equipment operating at these conventional speeds. Tier II trains are defined as those traveling between 125-160 mph, an increase from the previous 150 mph limit. This supports a competitive operating environment for U.S. companies seeking to offer travelers more passenger rail options. By enabling the use of advanced equipment-safety technologies, this final rule helps eliminate the need for waivers. The final rule was developed with the assistance of the Engineering Task Force (ETF), under the auspices of FRA’s Railroad Safety Advisory Committee (RSAC). The ETF membership included FRA technical staff and representatives from railroads, rail labor organizations, manufacturers and others. The ETF evaluated production trends against the U.S. operating environment. The ETF recommended that FRA expand its traditional speed-and-safety rating system to three categories of passenger trains. Click here to read the final rule as published by the Federal Register.
The Federal Railroad Administration (FRA) announced Aug. 24 that it has awarded $203,698,298 in grant funding for the implementation of Positive Train Control (PTC) for 28 projects in 15 states. FRA also released a status update of PTC for the second quarter. The funds are part of the $250 million that the FRA has available specifically for the implementation of PTC appropriated from the Consolidated Appropriations Act of 2018. A Notice Of Funding Opportunity (NOFO) for the $250 million was published in May, and solicitations for the funds had to be received by July 2. The FRA expects to publish a second NOFO in the Federal Register for the remaining $46,301,702 available. Click here to read the full press release from the FRA and to view a list of railroads receiving the grant money. As for the state of PTC, 15 railroads have installed 100 percent of the PTC system hardware on their locomotives and their trackage, FRA said. BNSF and KCS are the only two Class I railroads listed as having 100 percent of their track segments installed with PTC while Union Pacific is listed as having 98 percent of installation completed. BNSF, Metrolink and Northstar Commuter Rail are all listed as having PTC in complete operation. FRA reports that 37,705 route miles or 65 percent of the approximately 58,000 route miles have sufficient revenue service demonstration or are in operation. (Revenue service demonstration is one of the criteria needed to qualify for an extension of the deadline.) The second quarter has also seen a 25 percent drop in the number of “at-risk” railroads – FRA considers any railroad that installed less than 90 percent of its PTC system hardware as of June 30, 2018, to be at risk. There are currently nine at-risk railroads: New Mexico Rail Runner Express, Capital Metropolitan Transportation Authority, New Jersey Transit, Altamont Corridor Express, MARC, Trinity Railway Express, TriRail, Caltrain and Florida’s SunRail. Of the nine deemed at risk, all but three (Altamont Corridor Express, New Jersey Transit and TriRail) were awarded part of the $250 million grant. “The railroads have achieved some significant improvements over the past year implementing this safety technology,” said FRA Administrator Ron Batory. “While we are seeing progress among a majority of railroads, we want to see everyone meet their requirements.” All Class I railroads and commuter railroads are required to have PTC fully implemented by Dec. 31, 2018, unless the carrier qualifies for an alternative schedule under the Positive Train Control Enforcement and Implementation Act of 2015 (PTCEI Act). Railroads approved for an alternate schedule must contain a deadline that is as soon as practicable, but no later than Dec. 31, 2020. Click here to view a chart of carriers’ progress of implementing PTC. Click here to read FRA’s entire press release on the progress of PTC implementation.
A pair of BNSF conductors out of Winslow, Ariz., were recently featured in an article by the Arizona Daily Sun talking about their concerns about automating trains. Legislative Representative Ellis Laird and Wade Carlisle, both of Local 113, talked to reporter Corina Vanek about the dangers an unmanned freight train hurtling through our neighborhoods can pose to the general public. “It’s a horrible idea for a lot of different reasons,” Laird told Vanek. “Right now, we have two sets of eyes on each train. Humans can react to different situations, I don’t think they will ever be able to program a computer for every different situation.” Read the whole article here. Brothers Laird and Carlisle did their part to let the public and the FRA know why automated trains are a bad idea by getting in touch with their local newspaper. Have you done your part? Click on the link below and tell the FRA why you think autonomous trains are WRONG! Then, forward the link to your family and friends and encourage them to do the same. https://www.regulations.gov/comment?D=FRA-2018-0027-0003 You only have until May 7 to make your voice heard!
WASHINGTON
The Federal Railroad Administration’s Switching Operations Fatality Analysis working group (SOFA) – which has three SMART TD representatives – has released its switching fatality and severe injury update for the fourth quarter of 2018.