Independence, Ohio (March 25, 2024) — The union representing the transit operator involved in the Los Angeles bus hijacking demands immediate measures to protect their men and women, and the people they transport, from violence. The LACMTA incident, which hospitalized a union member, is the latest in a long series of incidents that expose the urgent need for our nation to rethink and prioritize the safety of public transit employees.

The Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) represents bus and transit agencies from coast to coast. Late Wednesday, March 20, a man pulled a weapon on our member. He forced the bus operator to ignore traffic lights and oncoming vehicles. The result of the hijacker’s actions included injuries to the driver of another vehicle and the bus slamming into and damaging the Ritz-Carlton Hotel. Thankfully, our member was treated and released from a local hospital, and no one was killed.

 “This is unacceptable. SMART-TD and I, personally, have been told repeatedly that our bus operators’ lives matter. We have been shown plans to form safety committees on bus properties, and directives straight from the Oval Office have demanded the Federal Transit Administration safeguard these men and women,” SMART-TD President Jeremy Ferguson said. “Our members are on the ground getting guns in their faces and putting their lives on the line. The time to ‘plan’ has long passed. We know what these professionals need, and that list is publicly available to the FTA and every bus and transit agency CEO and board. Employers must act now to protect their workers.”

In recent weeks, in addition to the Los Angeles incident, violence has been perpetuated on transportation workers serving SEPTA in Philadelphia, the New York City MTA and elsewhere.

FTA has solicited suggestions and opinions from SMART-TD and other labor organizations multiple times to prevent these nightmarish scenarios. SMART-TD has called for:

  • Providing operators with full enclosure in bullet-proof, glare-resistant glass.
  • Armed police or security officers on these buses.
  • Felony-level charges and punishments with a long, nonnegotiable jail sentence to anyone who assaults bus operators or transit workers.
  • Making fare payments and monetary transactions cashless and not incumbent on the bus operator.
  • Giving the bus operator an emergency exit on the left side of the bus.
  • Providing drivers with silent alarms allowing them to alert police of live shooters.

“Our position has always been consistent. We are facing a national epidemic of bus and transit assaults, and the only way we can address it is through immediate action by transportation agencies on these common-sense measures insisted upon by SMART-TD and the Biden/Harris administration,” President Ferguson said. “Our drivers should never have to worry about a physical confrontation over control of their steering wheel, as happened in the Los Angeles incident.

“These requests are non-negotiable, nor are they property-specific. They need to be universal and federally mandated. They need to happen NOW,” Ferguson said.

“As the president of this union, I’m entrusted to protect the well-being of our members. My options are limited. If the workplace this nation’s transit agencies provide is not safe, the one thing I can do is call for a safety standdown on all SMART-TD bus properties. A decision to keep our operators home is not one I take lightly, but neither is calling the mother, father, child, or spouse of one of my members to inform them their loved one was the victim of a violent incident that was preventable with simple safety measures. SMART-TD will not allow our brothers and sisters to work in what we know are unsafe circumstances.”

“If the leaders in the public transportation sector of this nation refuse or prove incapable of protecting our men and women, in the wake of what we saw in Los Angeles, make no mistake. This union will.”

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If you’re interested in speaking more about transit worker safety, and the changes SMART-TD is calling for, we’d be happy to connect you with:

SMART Transportation Division President, Jeremy Ferguson

President Jeremy Ferguson, a member of Local 313 in Grand Rapids, Mich., was elected president of SMART’s Transportation Division in 2019. Ferguson, an Army veteran, started railroading in 1994 as a conductor on CSX at Grand Rapids, Mich., and was promoted to engineer in 1995. Ferguson headed the 2019 national rail negotiations for the union.

SMART Transportation Division Bus Department Sr. Vice President, Alvy Hughes

Vice President Hughes, a member of Local 1596 out of Charlotte, N.C., began his career in transportation with the Charlotte Area Transportation System in 1999 and has been a SMART-TD member ever since. Hughes was an Alternate Vice President at SMART-TD from 2014 through 2019, when he was elevated to his current role as Vice President.

SMART Transportation Division Bus Department Vice President, James Sandoval

Vice President Sandoval began his career as a bus operator at the Santa Cruz Metropolitan Transit District for more than a decade. He assumed his first officer roles as general chairperson of GCA-SCM, alternate legislative representative, and local chairperson of LCA-SCM in January 2019. In February 2022, he assumed the position of Local 23’s legislative representative. In August 2022, Sandoval became alternate vice president of the Bus Department, serving the western portion of the nation. On Oct. 1, 2023, he was elevated to the position of TD Bus Department vice president.

The SMART Transportation Division has formed a new committee to address the growing problem of assaults on bus and transit operators. The Bus and Transit Assault Prevention and Safety committee (BTAPS), was founded at the recent SMART Leadership Conference in Washington, D.C.

The idea for the committee was raised by Christine Ivey, a legislative representative from Local 1785 out of Santa Monica, Calif. Ivey spoke during a TD breakout session about the need for a union-led effort to address the issue of assaults on bus and transit operators.

Legislative Representative Christine Ivey of Local 1785 (Santa Monica, Calif.) addresses TD leadership Aug. 2 at the SMART Leadership Conference in Washington, D.C.

“The gate is already open. The bull is coming out. We’ve already had drivers stabbed. We’ve had drivers shot. We’re still having drivers that are being assaulted and we’re still dragging our feet on creating laws that protect the drivers,” Ivey said from the floor of the leadership meeting. “My question is, ‘How do I get on a team that will propose a bill that will change the status quo?’ ”

SMART-TD President Jeremy Ferguson was impressed by Ivey’s presentation and called her up to the podium to address the entire crowd from the stage. When Ivey finished making her points about the need for SMART to consider developing a committee to address these concerns, Ferguson stepped to the mic and surprised everyone in the room, including Sister Ivey, with what came next.

President Ferguson called for a point of order and all eyes locked on him. He then said that in his opinion, what Sister Ivey had just said to the leadership of SMART-TD constituted a motion on the floor. Ferguson then called for a second on the motion to officially form the committee and immediately called for a voice vote. The motion passed unanimously, and with a spontaneous standing ovation, the Bus and Transit Assault Prevention and Safety Committee was founded.

Ferguson named Ivey chairperson of the committee with no objections. Ivey is a highly experienced union leader and advocate for bus and transit operators. She is well-respected by her peers and is known for her passion for safety.

The BTAPS committee will be tasked with developing and implementing strategies to reduce the number of assaults on bus and transit operators. The committee will also work to raise awareness of the issue and advocate for policies that will make bus and transit operators safer, including lobbying in Congress and state legislatures to urge that punishments for the crime of assault on a transit worker be heightened from a misdemeanor to a felony.

“This is a historic moment for the SMART-TD union,” said Ferguson. “We are committed to doing everything we can to protect our members from violence. The Bus and Transit Assault Prevention and Safety committee will be a powerful tool in our fight for safety. Christine Ivey is driven, intelligent, and determined to make this committee successful. I have full confidence that SMART will be proud of what this committee will achieve through Sister Ivey’s leadership.”

The committee will meet regularly and report its findings to the SMART-TD Board of Directors. The committee will also advocate for safety measures at the federal and state levels through the Federal Transit Administration (FTA).

Ivey and Ferguson seek nominations for bus and transit members to serve on the committee. If you are willing to serve and would like to be considered for an appointment, please contact Chairperson Ivey at Chrissie.ivey.smtd.1785@gmail.com or Dan Banks in SMART-TD’s Cleveland office at (216) 227-5450 or by email at dbanks@smart-union.org.

The formation of the committee is a major step in the fight to protect bus and transit operators. The committee is well-positioned to make a real difference in the lives of SMART-TD members and make bus and transit a safer place for our members to work and passengers to ride alike.

June 26, 2023, was the Federal Transit Administration’s (FTA) deadline for the public to respond to their Notice of Public Rule Making (NPRM) on forming new Public Transportation Agency Safety Plans (PTASPs.)

FTA requested public comments on how to keep bus operators safe on the job, and as a union SMART Transportation Division answered the bell.

The National Legislative Department would like to thank all of our bus members for their time, efforts, and the quality of the ideas shared while we were putting together our response. SMART-TD reached out to you, and you answered. We truly are an organization that can only be as strong as our members and your assistance was highly appreciated.

As a result of the feedback we received from multiple bus members, Bus Vice Presidents Calvin Studivant and Alvy Hughes, as well as Anthony Petty, representing our members from SEPTA in Philadelphia, Pa., SMART-TD’s team submitted a strong response.

Unlike many responses they received, ours was fueled by information and creativity that came straight from the front lines.

Thank you all for your efforts to keep yourself as well as your union brothers and sisters safe at work and both represented as well as respected in the PTASP development process.

Read the submission to FTA (PDF)

On April 26, the Federal Transportation Agency (FTA) posted a Notice of Proposed Rule Making (NPRM) regarding public transportation agency safety plans. The agency is seeking feedback and suggestions from bus employees and other interested parties on what changes federal overseers can make in public transportation that would result in safety improvements for bus operators, riders and pedestrians alike.

The SMART Transportation Division intends to file a public comment on behalf of our bus members. We need our members in bus service to help us tell your story. The stakes get no higher than keeping you and your riders safe. We hope all our bus members take the time to consider and share what changes in regulations, training, maintenance practices and bus design would be most vital in keeping you as safe as possible as you do your incredibly valuable work.

SMART-TD’s National Legislative Department is working with both vice presidents of the Bus Department to build the best argument possible; however, SMART-TD is fully aware that you are ultimately the experts on this topic, and we are asking for your input and ideas on this project.

Topics currently being considered for inclusion in our NPRM response include the items listed below. These topics have not been decided on at this point and are in no way ordered by priority.

Pedestrian Safety

  • Changing the rearview mirror and camera placement to eliminate blind spots;
  • Addressing windshield design;
  • Addressing fare box placement to get them out of the operator’s line of sight;
  • Audible announcements telling pedestrians the bus is turning and in which direction.

Operator Safety

  • Mandating the installation of driver barriers that do not have access points allowing riders to physically touch operators;
  • Having doors built into the left side of the bus allowing the operator to exit the bus separate from the riders;
  • Disallow transit companies from disciplining operators for leaving their seats in the case of an emergency or in the use of their de-escalation training;
  • Additional de-escalation training;
  • Two-way radios;
  • Silent alarms;
  • Public Address posters in the cab of all public transit vehicles describing elevated criminal penalties for assaulting transit workers.

Rider Safety

  • Passenger education ad campaigns;
  • Announcements over loudspeakers at bus terminals;
  • Transit police funding for both large- and mid-sized markets;
  • Rider ambassador programs;
  • “Call 9-1-1” alerts to be displayed on destination or next stop signs.

Mechanics’ Safety

  • Training and certification in repairing electric and alternative fuel buses safely;
  • Federal intervention on bus manufacturers voiding warranties when our mechanics make repairs.

Public Policy

  • Increased federal penalties for assaults on transit workers;
  • Federal requirements for all bus carriers to report rider incidents reported by operators, and FTA compiling these into reports made available at regular intervals.

Health Safety

  • Cashless fares;
  • Mask mandates.

If you would like to contribute additional topics for us to consider, please reach out to SMART-TD Government Affairs Representative Dan Banks by June 2. He can be reached by email at dbanks@smart-union.org, or by phone at (216) 227-5450. Please engage in this process and allow SMART-TD to fight for you armed with the best information and ideas possible.

FTA has not yet implemented worker safety provisions in the Bipartisan Infrastructure Law.

WASHINGTON – Today, 20 labor organizations representing transit drivers and other transportation workers urged Secretary of Transportation Pete Buttigieg and Federal Transit Administration (FTA) Administrator Nuria Fernandez to immediately implement the safety provisions in the Bipartisan Infrastructure Law (BIL) to protect transit workers from assault.

Four months after the passage of the BIL, the FTA has yet to implement these safety provisions. Meanwhile, transit workers continue to face danger on the job.

Assaults against transit workers have long been a concern but dramatically increased during the last three years of the pandemic, as did assaults on other frontline transportation workers like airline and airport workers.

Labor unions representing frontline transit employees have responded to this crisis over the years through legislative and regulatory measures, most recently securing several provisions in the BIL to protect transit workers.

Because of the BIL, the FTA is now statutorily required to collect accurate data on transit workforce assaults, to reform its Public Transportation Agency Safety Plan (PTASP) process to include worker voices and incorporate measures to reduce the risk of assault in every transit system, and to update its national safety plan to address the risk of assault and public health concerns.

The unions wrote: “Our members include bus and rail transit operators, station agents, car cleaners, mechanics and other frontline workers, all of whom are at risk of assault and worse each day they arrive at work. President Biden committed to protecting these workers and that promise was enshrined into law as part of the BIL. Before, and particularly during the COVID19 pandemic, these workers have laid their lives on the line every day to ensure Americans have access to safe, reliable transportation, and we must not turn our backs on them another day.”

Signers of the letter include the Transportation Trades Department of the AFL-CIO (TTD) and the nation’s largest transit unions, including the Amalgamated Transit Union (ATU), Transport Workers Union of America (TWU), International Association of Sheet Metal, Air, Rail and Transportation Workers–Transportation Division (SMART-TD), International Brotherhood of Teamsters (IBT), and Transportation Communications Union/IAM (TCU).

The letter was also signed by the following unions: Air Line Pilots Association (ALPA), American Federation of State, County and Municipal Employees (AFSCME), American Train Dispatchers Association (ATDA), Association of Flight Attendants–CWA (AFA), Brotherhood of Maintenance of Way Employes–IBT (BMWED), Brotherhood of Railroad Signalmen (BRS), International Association of Machinists and Aerospace Workers (IAMAW), International Brotherhood of Boilermakers (IBB), International Longshoremen’s Association (ILA), International Organization of Masters, Mates & Pilots (IOMM&P), International Union of Painters and Allied Trades (IUPAT), National Conference of Firemen & Oilers, SEIU (NCFO), Office and Professional Employees International Union (OPEIU), and Professional Aviation Safety Specialists (PASS).

Read the letter here.

U.S. DOT’s Federal Transit Administration (FTA) has announced that registration is open for National Transit Institute (NTI) and Transportation Safety Institute (TSI) safety training courses for transit personnel.

See the table below for some of the courses being offered by NTI.

[table id=13 /]

The mission of the NTI is to provide training, education and clearinghouse services in support of public transportation and quality of life in the U.S. The classes listed above are currently only offered in a virtual learning setting and are free to attend. Each course lasts 3.5 hours. Click here for a listing of all courses being offered by NTI and to register (register by clicking on the course link).


TSI supports FTA’s mission by providing economical, timely, state-of-the-art training and educational opportunities to the transit industry. TSI assists FTA in meeting its federal training mandate by developing, managing and delivering innovative instruction through instructor-led course offerings and e-learning technologies. All training is designed specifically to meet the needs of today’s changing transit industry, its regulations and safety best practices.

Some TSI courses are multi-day, while others may be less than an hour long. The cost of attendance varies and ranges from $0 to $145. Courses are offered at different locations throughout the United States and some virtually. Click here and then click on “Public Transportation Safety (FTA) in the gray box to view a list of courses being offered.

The Transportation Trades Department of the AFL-CIO, of which the SMART Transportation Division division is a member, filed a response to the Federal Transit Administration’s request for information regarding transit worker assaults. Its filing is reproduced below.

On behalf of the Transportation Trades Department, AFL-CIO (TTD) and our 33 affiliated unions, we thank you for taking this important step to begin examining the serious safety issues facing transit workers across this country every single day.

TTD’s affiliated unions collectively represent most transit workers in this country, including rail transit, bus, roadway, construction, and maintenance workers. Most of these workers interface directly with the public, and all are exposed to the risks of assault. We have long-called for both legislative and regulatory solutions to increase worker safety, including putting a stop to the scourge of assaults on transit workers.

Background

In 2015 TTD and our affiliated unions successfully fought for the inclusion of assault prevention language in the Fixing America’s Surface Transportation (FAST) Act. This language required the Federal Transit Administration (FTA) to publish a Notice of Proposed Rulemaking (NPRM) that established safety standards, practices, or protocols for protecting transit operators from the risk of assault. Unfortunately, despite our calls for the FTA to expedite the NPRM soon after passage of the FAST Act, the Obama administration did not act on this issue, leaving us in the hands of the Trump administration for four years.

Correctly anticipating that the Trump administration was unlikely to take action on transit assault, despite statutory requirements to do so, our executive committee called on Congress to take further steps to solve this crisis in 2018, including passage of the Transit Worker and Pedestrian Protection Act. Critically, elements of the Transit Worker and Pedestrian Protection Act, in combination with the Public Transit Safety Improvement Act, both supported by transportation labor, were included first in the INVEST in America Act, and in the Infrastructure Investment and Jobs Act (IIJA), which was ultimately signed into law on November 15, 2021.

While this is a historic step for transit worker safety, it comes more than seven years after the FAST Act mandated real action to solve this crisis. Tragically, during these intervening years thousands more transit workers have been needlessly attacked – particularly because of COVID safety enforcement – and many more have been killed while performing their duties.

The token action taken by the FTA under the Trump administration fell far short of both what was required in statute and what was needed to help protect these workers. Rather than issuing a rule protecting transit operators from the risk of assault, as required by the FAST Act, the FTA — more than four years after the passage of the law — instead issued a toothless suggestion that transit agencies merely examine the problem if they felt so inclined. Specifically, the notice required local transit agencies to study the problem, but stopped short of requiring any meaningful action. A problem as widespread and important as worker assaults should not be left to a piecemeal approach where workers’ safety is left up to local jurisdictions without resources or meaningful guidance from FTA. Despite TTD’s calls to offer real mitigation strategies that may have included the increased use of driver shields or de-escalation training, the FTA willfully ignored the health and safety of hundreds of thousands of frontline workers.

As mentioned above, the IIJA includes key priorities from the Transit Worker and Pedestrian Protection Act and the Public Transportation Safety Improvement Act, which together, will significantly improve safety for transit workers. It is important to note that these safety improvements will only be realized if the provisions required by the IIJA are implanted in such a way that transit agencies are held accountable in the transparent reporting of safety data as well as in their partnership with frontline workers to develop safety plans.

While the applicability of these provisions to this RFI are discussed in greater detail below, specifically they will:

1.      For recipients of 5307 assistance in urbanized areas with a population over 200,000, the recipient must:

a.       Establish a safety committee that is made up of an equal number of frontline employee representatives and management representatives, which has responsibility for:

                        i.      identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency’s safety risk assessment;

                     ii.      identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and

                          iii.      identifying safety deficiencies for purposes of continuous improvement.

                iv.      Not less than 0.75 percent of a recipient’s funds must go to safety-related projects eligible under section 5307.

2.      For recipients of 5307 assistance in urbanized areas with a population fewer than 200,000, the agency safety plan must be developed in cooperation with frontline employee representatives. The above-described performance targets and set aside do not apply to those recipients.

3.      Changes to National Transit Database (NTD) reporting: Transit agencies must now report all assaults on transit workers to the NTD, defined as: “a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.”

TTD cannot overemphasize the need to expeditiously implement these new requirements as, particularly given the increase in assaults faced by transit workers as a result of COVID safety enforcement and in light of the historical circumstances that necessitated seven years of further advocacy to protect our workers, even after Congress recognized the need for additional protections and mandated FTA to uphold its responsibilities to transit workers.

What types of FTA actions might be beneficial to support roadway worker safety?

Roadway workers can be particularly vulnerable to injury due to the nature of their jobs, and we strongly believe that FTA has a duty to provide regulation to ensure that these workers are protected. Too many tragic incidents have occurred leading to serious injuries and deaths that could have been avoided with adequate protections in place. We support the comments of NTSB Chair Jennifer Homendy regarding the need to end the use of Train Approach Warning (TAW) and similar protocols. The safety of workers’ lives deserves many more redundancies than TAW can provide, as demonstrated by the many tragic incidents cited in NTSB’s letter.

One important redundancy that should be utilized is Positive Train Control systems (PTC), which provide crucial information to locomotives. We encourage the use and expansion of PTC and view it as an important safety tool. However, the PTC systems are only part of a solution that should include multiple redundancies and fail-safes. PTC systems can only notify operating engineers of messages sent by dispatchers or readings picked up on installed sensors. There are no sensors on locomotives or tracks that specifically check for the presence of workers. Additionally, dispatchers do not always have accurate reports of which tracks are occupied by roadway workers, and even small errors can have deadly consequences. Occasional human error is an unavoidable fact of life, and the only way to ensure safety is to have layered mechanisms designed to work even if other mechanisms fail.

Robust safety protocols are necessary to ensure that all redundancies are leveraged to keep roadway workers safe. These redundancies include ongoing communication with dispatchers, shunts, blue flags, signage, and locked derails to indicate that tracks are occupied. Labor representatives must have input in identifying needed redundancies and protocols. There is no excuse for failing to use simple, tried and tested methods such as flags, signage, and derails, even as we adopt new technologies.

What types of interactions typically lead to transit worker assaults, including operator assaults?

Historically, our ability to examine aggregate data about trends in assaults has been limited to information collected in the National Transit Database. Unfortunately, data collected into the NTD has long failed to accurately represent national trends in workplace violence. That is because the only data that is collected in the NTD are injuries which result in an arrest, serious injury, or death. Shockingly, based on the definition of serious injury in statute, it is our understanding that a transit operator could have their nose broken, be hospitalized for 24 hours, and suffer first-degree burns without triggering any reporting requirements.

Furthermore, the limited information that is collected is exceedingly difficult to view and examine. A request for recent assault data from the NTD made by the Transportation Trades Department in 2018 was rejected, and we were told that we should instead submit a FOIA request.

We are therefore left to rely primarily on news stories or information reported by union locals representing workers at transit agencies to better understand both the circumstances that lead to assault as well as the nature of the assaults themselves. To that end, we are hesitant to speculate on “typical” interactions that lead to worker assaults. The enforcement of mask and other COVD safety mandates and farebox collection are undoubtedly a significant factor in many of these interactions. However, the seemingly arbitrary nature of many incidents reviewed by TTD and our affiliated unions necessitates the collection and analysis of accurate data.

Importantly, the Infrastructure Investment and Jobs Act redefines assault for the purpose of data collection in the NTD. Per Division C, Section 30001 of the IIJA, assault on a transit worker is now defined as:

“Assault on a transit worker — The term ‘assault on a transit worker’ means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.”

While this is a critical step in better understanding the national trends in workplace safety for transit workers, it is equally critical that this data be transparent and easily accessible not just to the safety committees created under the IIJA but to researchers, labor unions, and other individuals who may use that information in the pursuit of improving safety for working people.

What actions could address and limit these types of interactions?

First, TTD strongly supports the creation of joint labor-management safety committees as required under the IIJA to solve this problem and encourages expeditious implementation of this portion of the IIJA by the FTA. This approach is not a one-size-fits all solution but instead recognizes that local problems require local solutions.

What approaches could prevent transit worker assaults?

Again, we support the process for arriving at solutions as laid forth in the IIJA. Transit workers should work directly with management to examine data, under the new reporting requirements of the IIJA, and determine local solutions best suited to meet their needs. That may include a full redesign of the operator workstation, driver shields, de-escalation training, changes to routes or route intervals, the presence of law enforcement, along with other interventions or combinations of certain interventions.

What differences, if any, are there in approaches to preventing transit worker assaults across different types of transit systems or modes?

Currently, the response is piecemeal. Some transit agencies have responded to safety threats by including shields for drivers. However, there is no consistency across agencies in the implementation or design of shields. Passengers have still been able to reach around and throw objects at workers or make contact with them. While we reiterate our support eschewing a one-size-fits all solution, we strongly urge the FTA to provide transit agencies with best practices when implementing solutions. Minimum standards for shield designs or workstation redesign, for example, may help to avoid solutions that are well intentioned but ultimately ineffective.

If FTA pursues requirements to address transit worker assaults, what minimum requirements should be included?

It is critical to note that this RFI was issued on 9/24/21, prior to the passage of the IIJA. TTD firmly supports the implementation of transit worker safety improvement required under that act. Moreover, we believe that NTD data on transit assaults must be available and transparent, and that the FTA should partner with transit agencies to ensure consistency in the implementation of interventions across the nation.

Further, TTD strongly supports additional actions, like the Competitive Research Funding Opportunity: Redesign of Transit Bus Operator Compartment to Improve Safety, Operational Efficiency, and Passenger Accessibility NOFO issued by the FTA on 02/11/2020. Ultimately, retrofits like shields are helpful but are often imperfect. A wholesale reimagining of the operator’s workstation including the inclusion of worker safety standards for procurements are necessary to ensure the wellbeing of operators, both from assaults and ergonomically, as well as for the reduction of blind spots and the safety of those sharing the road with transit vehicles.

We would also like to note that the FTA does not have a choice in implementing strategies to prevent worker assaults, as this question implies. The FAST Act mandated such action from the agency, and we are glad to see the agency stepping up to meet its statutory obligations.

How should the requirements apply to different transit system types or modes?

This question recognizes a unique challenge. Rail station managers, rail workers, bus operators, maintenance yard workers, and all other transit employees face unique circumstances and safety challenges that require solutions tailored to their environment.

We believe this challenge is largely addressed by the IIJA, through the creation of safety committees made up of workers and management, who, together can identify their unique challenges and the solutions necessary to solve them.

The FTA must be an active partner in this process, and these committees must not be a box-checking exercise for transit agencies, however. Providing true oversite, making newly collected data in the NTD transparent and accessible to researchers and representatives of labor, and holding listening sessions at a national level to provide oversight of this program as its implemented will all be critical in the coming three years.

What other types of FTA actions might be beneficial to support transit worker assault prevention?

In its role as the federal authority on transit and transit safety, FTA should be continually engaged to identify actions that would benefit the safety of everyone who uses our nation’s transit systems. If transit workers are unsafe, they are not able to do their jobs and ensure a safe and comfortable experience for riders. Because of the complexity of transit systems, increased coordination will be needed to ensure that transit worker assaults do not continue to skyrocket. Data-sharing, transparency, and collaboration with frontline workers and labor groups should be prioritized as new ideas are considered.

What information is collected on transit worker assaults that is not reportable to the NTD?

Prior to the passage of the IIJA, the NTD only collected data on assaults leading to “serious injury” as then defined in 49 CFR 830.2, “(1) Requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.” Obviously, this definition leaves out many possible injuries that need to be captured to have an accurate understanding of transit worker assaults. We believe that the passage of the IIJA will be a major improvement to this issue; however, the FTA must also renew its commitment to transparency and ensure that such data is made available for review.

What internal threshold do RTAs use for tracking transit worker assaults other than those reportable to the NTD?

It is impossible to know what threshold every RTA uses across the country, and we believe that this demonstrates a piecemeal and haphazard approach to transit worker safety. With the passage of the IIJA, we hope that reporting of assaults will be brought into harmony across jurisdictions and allow for more robust leadership from FTA to ensure that our nation’s transit workers are adequately protected. The definition of assault and the data that is collected regarding it should not vary across RTAs. Further, this kind of tracking should not be limited to only those RTAs that have Public Transportation Agency Safety Plans, as this can exclude rural transit agencies.

On average, how many additional transit worker assaults occur per year that do not meet a current NTD reporting requirement?

While the answer to this question would undoubtedly be useful in addressing the scourge of transit worker assaults, the lack of an adequate answer is part of the problem. Transit agencies are not often forthcoming with information, which not only means that responsibility is neglected and left to representatives of the frontline workers to try their best to collect that data, but also that transit agencies have no way of responding to national trends because of a significant lack of awareness.

What are or would be the costs associated with tracking these additional assaults?

TTD believes that any additional costs associated with collecting and reporting this data are trivial relative to the incurred costs of workers compensation, lost hours from workers, and the high turnover at transit agencies as a result of deteriorating workplace conditions. Whatever trivial costs may exist should not be a criterion in determining how or whether or not they should live up to their statutory requirements under the IIJA to do so. Moreover, we believe they should go beyond the basic requirements of the IIJA and report this information annually, with analysis, and tools for transit agencies to implement interventions that may alleviate the impacts of national trends in assault.

What technology is available to address transit worker assaults, including operator assaults?

TTD supports the research and implementation of technologies that improve worker safety. In the case of worker assaults, however, there are a number of solutions that could be implemented easily and without the need for additional research and testing time that would be needed for new technologies. Simple workstation redesigns that provide secure barriers between workers and the public would deter many assaults. De-escalation training, route planning, and procedural and schedule planning can mitigate many assaults. We do not believe that FTA should wait for possible technologies to be developed to implement these known solutions.

How can FTA better support the development and implementation of these technologies?

For the reason noted above, FTA needs to be actively involved in the implementation of new technologies and strategies to increase transit worker safety. As part of these efforts, the agency should consult directly with frontline workers and representatives of frontline workers, including safety experts and law enforcement professionals, to share lessons learned in the field, and specific thoughts on how to correctly implement the statutory requirements of the IIJA.

In closing, TTD urges FTA to act expeditiously in the implementation of new transit safety requirements in the IIJA, and reminds the agency of its statutory obligations to protect transit workers from assault. We appreciate the opportunity to comment and look forward to working with the agency moving forward.

Last last week, FTA published new bus and rail safety data reports to provide a snapshot of transit industry safety performance from 2007–2018 for rail and 2008–2018 for bus, and focus on patterns and trends in events, fatalities and injuries. Report summaries and full reports are accessible on the FTA website with a list of detailed links below.
FTA will host a webinar from 1 to 2 p.m. Eastern, Tuesday, Oct. 5, 2021, to provide an overview of the new reports. Registration is available on the FTA website.

Transit worker and rider safety is a top priority for the Biden-Harris Administration and the U.S. Department of Transportation. Public transit is a safe form of transportation. Transit workers should expect a safe workplace and riders should expect a safe trip.
To help ensure the continued safety of our nation’s public transit systems, the Federal Transit Administration launched the Enhanced Transit Safety and Crime Prevention Initiative to provide information and resources to help transit agencies address and prevent crime on their systems and protect transit workers and riders.
FTA resources can be used by transit agencies to prevent and address crime in their systems and protect transit workers and riders. These resources also can be used for overtime pay for enhanced security personnel presence, mental health and crisis intervention specialists.
FTA has partnered with the National Transit Institute (NTI) to provide training for transit and bus operators on assault awareness and prevention. The
Click here for a list of courses from the NTI.
Click here for more information about the Enhanced Transit Safety and Crime Prevention Initiative.

By voice vote June 10, the U.S. Senate confirmed Nuria Fernandez as the 15th administrator of the Federal Transit Administration (FTA).

Fernandez
Fernandez joined the Biden administration as deputy administrator of the agency on Jan. 21 and had served as the senior FTA official until her confirmation.
Her prior experience includes as general manager/CEO of the Santa Clara Valley Transportation Authority (VTA), chief operating officer of the New York Metropolitan Transportation Authority, and senior VP of design and construction for the Chicago Transit Authority and the Washington Metropolitan Area Transit Authority. She also served as Commissioner for the Chicago Department of Aviation, overseeing O’Hare and Midway airports.
Fernandez served as acting FTA administrator for the Bill Clinton administration in 1997 and is a past chair of the American Public Transportation Association from 2019-20.