SMART Union
WASHINGTON – More than a dozen U.S. senators, including North Dakota Sens. Heidi Heitkamp and John Hoeven, are pushing to put more federal railroad inspectors in the field.
Boosting inspector numbers – which haven’t grown in the Bakken region even as oil production and crude-by-rail traffic has boomed – has become a top priority for federal officials and lawmakers after a year marked by several high profile crude oil accidents on railroads.
Read the complete story at The Jamestown Sun.
WASHINGTON – The U.S. Department of Transportation’s Federal Railroad Administration April 9 announced its intention to issue a proposed rule requiring two-person train crews on crude oil trains and establishing minimum crew size standards for most main line freight and passenger rail operations. The FRA also intends to advance a rulemaking on train securement and recommends a rulemaking on the movement of hazardous materials.
“Safety is our highest priority, and we are committed to taking the necessary steps to assure the safety of those who work for railroads and shippers, and the residents and communities along shipping routes,” said U.S. Transportation Secretary Anthony Foxx. “The proposed rulemaking on crew size is the latest effort in our comprehensive strategy to ensure crude oil is transported as safely as possible.”
The announcement follows the deliberations of three Railroad Safety Advisory Committee (RSAC) Working Groups on Appropriate Train Crew Size, Securement and Hazardous Materials Issues. All three working groups were created at DOT’s request last summer in response to the Lac-Mégantic derailment. The emergency meeting was held to evaluate and consider wide-ranging proposals to further enhance railroad safety including the safe shipment of crude oil by rail. Two of the working groups produced recommendations that were adopted by the full RSAC for consideration in future rulemakings. In light of the working group’s failure to reach consensus on crew size, the FRA took action today to move forward with a rule-making.
“We believe that safety is enhanced with the use of a multiple person crew – safety dictates that you never allow a single point of failure,” FRA Administrator Joseph C. Szabo said. “Ensuring that trains are adequately staffed for the type of service operated is critically important to ensure safety redundancy. We commend the RSAC’s efforts and will use the valuable input received to formulate a proposed rule that protects the public and recognizes the nuance of railroad operations.”
“The FRA’s RSAC process confirmed that rail operational safety is enhanced with the use of a multiple-person crew,” said SMART Transportation Division President John Previsich. “Both the conductor and locomotive engineer are certified and licensed under federal regulations and work cooperatively as a team. During this working group process, the committee also confirmed that there are many required tasks that are performed by our train crews each day in normal operations that a single crew member cannot perform by themselves.
“It takes two skilled and qualified employees to perform a normal brake test, to separate a train at a highway-rail crossing, to receive and acknowledge mandatory directives while moving, to make routine pick up and set out of cars from the train, and also to act as a first responder for indicated defects in equipment, derailments, unexpected application of brakes, and highway-rail crossing collisions.”
While existing FRA regulations do not mandate minimum crew staffing requirements, current industry practice is to have two-person crews for over-the-road operations. The notice of proposed rulemaking (NPRM) will most likely require a minimum of two-person crews for most mainline train operations, including those trains carrying crude oil. It is also expected to include appropriate exceptions.
“Safety is good business in the rail industry. We are very disappointed that the Association of American Railroads and some short line railroads continue to keep their head in the sand when confronted with critical safety concerns. AAR continues to ignore the preventable accident that occurred less than 20 miles north of our border,” Previsich added.
FRA plans to issue an additional NPRM based on the consensus recommendations of the Securement Working Group and approved by the full RSAC that would prohibit certain unattended freight trains or standing freight cars on main track or sidings and require railroads to adopt and implement procedures to verify securement of trains and unattended equipment for emergency responders. It would also require locomotive cabs to be locked and reversers to be removed and secured. Railroads would also be required to obtain advance approval from FRA for locations or circumstances where unattended cars or equipment may be left.
The full RSAC also approved four recommendations of the Hazardous Materials Issues Working Group relating to identification, classification, operational control and handling of certain shipments. The four recommendations, directed to the Pipeline and Hazardous Materials Safety Administration (PHMSA), include amending or revising the definitions of “residue” and “key train,” and clarifying its regulatory jurisdiction over the loading, unloading and storage of hazmat before and during transportation. PHMSA continues to advance a rulemaking addressing the integrity of DOT Specification 111 tanker cars and the safe shipment by rail of flammable materials such as crude oil.
On Aug. 29, 2013, the first-ever emergency session of the RSAC was held in response to the July 6, 2013, derailment of an unattended Montreal, Maine & Atlantic Railway freight train containing crude oil in Lac-Mégantic, Quebec, Canada. Building upon Foxx’s February agreement with the rail and petroleum industries, the FRA’s Emergency Order 28 and Safety Advisory 2013-06, PHMSA’s Operation Safe Delivery, Safety Alerts and a DOT Emergency Order, the three RSAC working groups reviewed existing regulations and standards to identify and mitigate the risks posed by such shipments and prevent future accidents.
“The unfortunate tragedy in Lac-Mégantic highlighted the need for sanity in intercity rail operations,” said SMART Transportation Division National Legislative Director James Stem. “Operating a long freight train through the communities that our industry serves with only one person on a crew is not only unsafe, but is also unsustainable.
“The safety improvements in our industry are directly linked to the training and certification of the two professionals on the locomotives and the other professional employees and their managers that are operating, repairing and maintaining our rail network throughout the United States. Our rail industry today is enjoying record profits, record productivity, and every stock broker is recommending a ‘buy’ on all railroad stocks. There is no argument that the current regulatory scheme in place today is a critical component of that productivity, and thus the high level of profitability.”
Start time variability in work schedules is often assumed to be a cause of railroad employee fatigue because unpredictable work-start times prevent employees from planning sleep and personal activities.
A new report published by the Federal Railroad Administration examines work start time differences from three different databases previously published by the FRA. The studies conclude that high variability in shift start times is found to contribute to human fatigue, which is known to increase the probability of accidents. Thus, a potential way of increasing safety is to reduce shift start-time variability.
Discussions about employee fatigue in the U.S. railroad industry often focus on the predictability of work start times for employees engaged in train and engine (T&E) freight and passenger service.
According to the FRA, labor union representatives often argue that unpredictable work start times heavily prevent employees from planning sleep and personal activities, which then results in fatigue.
Train and engine employees who work in yards, local freight service, and passenger and commuter operations have jobs with regular start times and high work start time predictability. However, employees on the extra board, which sometimes offers employees additional compensation for volunteering to work additional hours within the statutory limit, have work schedules that may vary from day to day because they fill in for employees with regular assignments.
These jobs have lower work start time predictability. Jobs in passenger service often have a split assignment in which the employee works the morning rush, has time off in the middle of the day (referred to as “interim release”), and returns to work for the evening rush. Interim release is usually four hours or more. These jobs often have high work start time predictability.
Train and engine employees who work in road freight service often do not have a regular work schedule as far as the days that they work or the time that their work starts. These jobs have low start time predictability.
To view the FRA report, click here.
The Federal Railroad Administration announced a Final Rule (FR) amending its existing Passenger Train Emergency Preparedness regulations.The Federal Railroad Administration issued a final rule requiring certain major railroads to develop critical incident stress plans that provide for appropriate support services to be offered to their employees who are affected by a “critical incident.”
Critical incidents refer to events such as a highway-rail grade-crossing accidents or a train striking another employee or pedestrian. Railroad employees who witness such incidents are often affected psychologically and some suffer issues of post-traumatic stress disorder.
The final rule contains a definition of the term ‘‘critical incident,’’ the elements appropriate for the rail environment to be included in a railroad’s critical incident stress plan, the type of employees to be covered by the plan, a requirement that a covered railroad submit its plan to FRA for approval, and a requirement that a railroad adopt and comply with its FRA-approved plan. It is effective June 23, 2014.
The final rule requires each Class I railroad, intercity passenger railroad and commuter railroad to establish and implement a critical incident stress plan for certain employees who are directly involved in, witness, or respond to, a critical incident.
“Critical incidents have the potential to affect each and every one of us who work in the transportation industry,” said SMART Transportation Division President John Previsich. “The requirement that railroads develop and submit a plan to address such incidents is an important first step to help our members, not only in the rail industry, but also those who work for bus and air carriers. The effects of a critical incident on our members can be devastating, no matter the industry, and we will do everything in our power to extend and improve these programs whenever possible.”
Although the FRA has never regulated critical incident stress plans, many railroads have had some form of critical incident stress plan in place for many years. This rulemaking responds to the Rail Safety Improvement Act of 2008 mandate that the secretary of transportation establish regulations to define “critical incident” and to require certain railroads to develop and implement critical incident stress plans.
The FRA wants all relevant railroad personnel to be aware of the relief available pursuant to a railroad’s plan.
The FRA reviewed the applicable science and information received through the Railroad Safety Advisory Committee (RSAC) – in which the SMART Transportation Division participates – in its final rule. The final rule defines a “critical incident” as either “an accident/incident reportable to FRA under 49 CFR part 225 that results in a fatality, loss of limb, or a similarly serious bodily injury; or … a catastrophic accident/incident reportable to FRA under part 225 that could be reasonably expected to impair a directly-involved employee’s ability to perform his or her job duties safely.”
“The required set of minimum standards for critical incident stress plans include allowing a directly-involved employee to obtain relief from the remainder of the tour of duty, providing for the directly-involved employee’s transportation to the home terminal (if applicable), and offering a directly-involved employee appropriate support services following a critical incident. This final rule requires that each railroad subject to this rule submit its plan to FRA for approval.
The final rule contains minimum standards for leave, counseling, and other support services. These standards would help create benefits by providing employees with knowledge, coping skills and services that would help them: recognize and cope with symptoms of normal stress reactions that commonly occur as a result of a critical incident; reduce their chance of developing a disorder such as depression, post-traumatic stress disorder or acute stress disorder as a result of a critical incident, and recognize symptoms of psychological disorders that sometimes occur as a result of a critical incident and know how to obtain prompt evaluation and treatment of any such disorder.
The FRA anticipates that implementation of this final rule would yield benefits by reducing long-term healthcare costs associated with treating PTSD, ASD, and other stress reactions, and costs that accrue either when an employee is unable to return to work for a significant period of time or might leave railroad employment due to being affected by PTSD, ASD, or other stress reactions. In addition, safety risk posed by having a person who has just been involved in a critical incident performing safety critical functions is also reduced.
The majority of the quantifiable benefits identified by FRA’s analysis are associated with railroad employee retention and a reduction of long-term healthcare costs associated with PTSD cases that were not treated appropriately after a critical incident.
The FRA expects that this final rule would decrease the number of employees who leave the railroad industry due to PTSD, ASD, or other stress reactions, as early treatment for such conditions following exposure to a critical incident would reduce the likelihood of developing the conditions.
In addition, if a railroad employee involved in a critical incident did develop PTSD, ASD, or other stress reaction despite the initial relief afforded by a railroad’s critical incident stress plan, the FRA expects that this final rule would decrease the duration of the condition as the chances for early identification of the condition would be increased and more immediate healthcare would be provided to the affected individuals.
Overall, FRA finds that the value of the anticipated benefits would justify the cost of implementing the final rule.
To view the complete final rule as published in the Federal Register, click here.
The Federal Railroad Administration is proposing to improve the integrity of passenger train exterior side door safety systems and promote passenger train safety overall through new safety standards relating to the safe operation and use of passenger train exterior side doors.
This proposed rule is based on recommended language developed by the Railroad Safety Advisory Committee’s (RSAC) General Passenger Safety Task Force and includes new requirements for both powered and manual exterior side doors and door safety systems on passenger trains.
Proposed operating rules for train crews relating to exterior side doors and their safety systems on passenger trains as well as new definitions are also included in this NPRM. In addition, the rule proposes to incorporate American Public Transportation Association’s (APTA) “Standard for Powered Exterior Side Door System Design for New Passenger Cars,” which contains a set of minimum standards for powered exterior side door systems and door system functioning on new rail passenger cars and locomotives used in passenger service.
Other proposed requirements include, but are not limited to: Equipping new passenger cars with powered side doors with an obstruction detection system and a door by-pass feature; connecting new passenger cars with either manual or powered exterior side doors to a door summary circuit to prohibit the train from developing tractive power if any of the exterior side doors are open; safety briefing for train crews to identify crewmember responsibilities as they relate to the safe operation of the exterior side doors; operating passenger trains with their exterior side doors trap doors closed when in motion between stations, except in limited circumstances or if prior approval has been received from FRA; and railroads developing operating rules on how to safely override a door summary circuit or a no-motion system, or both, as well as how to safely operate the exterior side doors of a passenger train with incompatible exterior side door safety systems.
Through this rulemaking, FRA intends to limit the number and severity of injuries associated with the use and operation of passenger train exterior side doors and increase the overall level of safety for passengers and train crewmembers.
FRA analyzed the economic impacts of this proposed rule against a “no action” baseline that reflects what would happen in the absence of this proposed rule. The proposed operating rules and adopted APTA standard for new equipment are expected to prevent about 19 injuries and 0.20 fatalities per year in the future on average, based on similar incidents in the past. The estimated benefits from these prevented casualties over a 20-year period total $81.9 million undiscounted; these estimated benefits have a present value calculated using a 7 percent discount rate of $42.4 million, and a present value calculated using a 3 percent discount rate of $60.3 million.
Given that some procedural and equipment errors may still occur in the future, the analysis assumes a 50 percent effectiveness rate in preventing these types of injuries and fatalities. In addition, there may be other benefits from the proposed rule, such as fewer passenger claims for personal property damage, maintaining passenger goodwill and trust (by reducing these low-frequency but typically highly-publicized incidents), and by lowering future maintenance costs (through encouraging the replacement of older equipment with new passenger cars equipped with more reliable door safety systems).
FRA also quantified the incremental burden of the proposed rule upon commuter and intercity passenger railroads. The primary contributor to the estimated costs is the train crew’s task of verifying that the door by-pass devices on the train are sealed in the normal non-by-pass mode, a requirement in the proposed operating rules. The door by-pass devices are used to override door safety systems in certain circumstances, for example, allowing a train to develop tractive power and complete its route.
The second greatest cost factor is the estimated cost to implement some of the proposed door safety features on new passenger cars and locomotives used in passenger service with either powered or manual doors. The estimated costs over the 20-year period of analysis total $15 million undiscounted, with a present value calculated using a seven percent discount rate of about $8 million, and a present value calculated using a three percent discount rate of about $11.2 million. The proposed rule incurs relatively small costs because most of the initial burdens are expected from changes to railroad operating rules.
The design standards for door safety systems apply to new passenger cars and locomotives used in passenger service where they can be installed cost-effectively.
These costs and benefits result in net positive benefits over 20 years of about $67 million.
To read the complete rule proposal, click here.
The Metro-North Railroad has fallen prey to a “deficient safety culture” that prizes on-time performance at the expense of protecting riders and workers, according to a blistering federal review that was ordered after a spate of rail disasters.
The review, from the Federal Railroad Administration, found that the commuter railroad’s operations control center pressured workers “to rush when responding to signal failures,” and that workers struggled to secure the track time needed to perform essential repairs.
Read the complete story at The New York Times.
Federal Railroad Administrator Joseph Szabo addressed members of the House Committee on Transportation and Infrastructure’s Subcommittee on Railroads, Pipelines, and Hazardous Materials Feb. 26, providing them with oversight of passenger and freight rail safety and responding to questions.
Also addressing the subcommittee were Sen. Richard Blumenthal (D-Conn.), U.S. Rep. Kevin Cramer (R-N.D.) and Cynthia Quarterman, administrator of the Pipeline and Hazardous Materials Safety Administration.
To read Szabo’s remarks, click here.
WASHINGTON – The nation’s major freight railroads Feb. 21 joined U.S. Transportation Secretary Anthony Foxx in announcing a rail operations safety initiative that will institute new voluntary operating practices for moving crude oil by rail. The announcement follows consultations between railroads represented by the Association of American Railroads (AAR) and the U.S. Department of Transportation (DOT), including the leadership of the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).
The announcement Feb. 21 covers steps related to crude by rail operations. Additional issues relating to the safe transport of crude oil, such as tank car standards and proper shipper classification of crude oil, are being addressed separately.
“We share the Administration’s vision for making a safe rail network even safer, and have worked together to swiftly pinpoint new operating practices that enhance the safety of moving crude oil by rail,” said AAR President and CEO Edward R. Hamberger. “Safety is a shared responsibility among all energy-supply-chain stakeholders. We will continue to work with our safety partners – including regulators, our employees, our customers and the communities through which we operate – to find even more ways to reinforce public confidence in the rail industry’s ability to safely meet the increased demand to move crude oil.”
Under the industry’s voluntary efforts, railroads will take the following steps:
Increased Track Inspections – Effective March 25, railroads will perform at least one additional internal-rail inspection each year above those required by new FRA regulations on main line routes over which trains moving 20 or more carloads of crude oil travel. Railroads will also conduct at least two high-tech track geometry inspections each year on main line routes over which trains with 20 or more loaded cars of crude oil are moving. Current federal regulations do not require comprehensive track geometry inspections.
Braking Systems – No later than April 1, railroads will equip all trains with 20 or more carloads of crude oil with either distributed power or two-way telemetry end-of-train devices. These technologies allow train crews to apply emergency brakes from both ends of the train in order to stop the train faster.
Use of Rail Traffic Routing Technology – No later than July 1, railroads will begin using the Rail Corridor Risk Management System (RCRMS) to aid in the determination of the safest and most secure rail routes for trains with 20 or more cars of crude oil. RCRMS is a sophisticated analytical tool, developed in coordination with the federal government, including the U.S. Department of Homeland Security (DHS), PHMSA and FRA. Railroads currently use RCRMS in the routing of security sensitive materials. This tool takes into account 27 risk factors – including volume of commodity, trip length, population density along the route, local emergency response capability, track quality and signal systems – to assess the safety and security of rail routes.
Lower Speeds – No later than July 1, railroads will operate trains with 20 or more tank cars carrying crude oil that include at least one older DOT-111 car no faster than 40 mph in the federally designated 46 high-threat-urban areas (HTUA) as established by DHS regulations. In the meantime, railroads will continue to operate trains with 20 or more carloads of hazardous materials, including crude oil, at the industry self-imposed speed limit of 50 mph.
Community Relations – Railroads will continue to work with communities through which crude oil trains move to address location-specific concerns that communities may have.
Increased Trackside Safety Technology – No later than July 1, railroads will begin installing additional wayside wheel bearing detectors if they are not already in place every 40 miles along tracks with trains carrying 20 or more crude oil cars, as other safety factors allow.
Increased Emergency Response Training and Tuition Assistance – Railroads have committed by July 1 to provide $5 million to develop specialized crude by rail training and tuition assistance program for local first responders. One part of the curriculum will be designed to be provided to local emergency responders in the field, as well as comprehensive training will designed to be conducted at the Transportation Technology Center, Inc. (TTCI) facility in Pueblo, Colo. The funding will provide program development as well as tuition assistance for an estimated 1500 first responders in 2014.
Emergency Response Capability Planning – Railroads will by July 1 develop an inventory of emergency response resources for responding to the release of large amounts of crude oil along routes over which trains with 20 or more cars of crude oil operate. This inventory will include locations for the staging of emergency response equipment and, where appropriate, contacts for the notification of communities. When the inventory is completed, railroads will provide DOT with information on the deployment of the resources and make the information available upon request to appropriate emergency responders.
Railroads will continue to work with the Administration and rail customers to address other key shared safety responsibilities, including federal tank car standards and the proper shipper classification and labeling of oil moving by rail. PHMSA is currently reviewing public comments on increasing federal tank car standards.
WASHINGTON – The U.S. Department of Transportation collects relatively small civil penalties against the railroads it regulates, as concern grows over the safety of shipping large volumes of crude oil and ethanol in tank cars long known to be deficient, federal documents show.
A McClatchy review of annual enforcement reports shows that the Federal Railroad Administration rarely fines any company more than $25,000, though it’s authorized to collect a maximum of $175,000 per violation. Some fines are as little as $250, and most settlements are substantially lower than the agency had first proposed.
Read the complete story at the Sun Herald.