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FRA_logo_wordsWASHINGTON – The Federal Railroad Administration (FRA) May 3 issued an industry-wide safety advisory to warn about safety hazards associated with flat switching operations on railroads. Since 2009, six railroad employees sustained fatal injuries placing themselves between unsecured rolling equipment during switching operations, including one employee who was killed last year.

“Safety is our highest priority,” said U.S. Transportation Secretary Ray LaHood. “We are committed to taking the necessary steps to secure the safety of the traveling public, as well as those working in the transportation field.”

In flat switching, rail cars are diverted to the proper track to complete a train by one of two methods, either by “manually kicking” or “shoving to couple.” When rail cars are kicked, they are uncoupled from the switching locomotive while in motion, allowed to roll freely and are expected to couple with the other rail cars upon impact with the new train. When rail cars are shoved to couple, they are not uncoupled from the switching locomotive until they have already coupled with and are secured to the new train.

Through investigations of one of the six fatalities, FRA identified switching yard characteristics that may increase the risks of unsecured rail equipment rolling back onto an employee if an irregular grade is present in a flat switching yard.

During kicking operations, employees are at greater risk if the rail car doesn’t couple securely with other rail cars already resting on the destination track.

“Kicking railcars is efficient but it can also have significant consequences if rail carriers don’t have operating rules to safeguard employees to ensure that kicked rail cars are securely coupled,” said Federal Railroad Administrator Joseph C. Szabo. “Where there is risk of a rollback shoving to couple provides absolute certitude.”

In 2010, FRA released recommendations developed by the Switching Operations Fatality Analysis Working Group (SOFA) that have been adopted by individual railroads in their operating rules. Today’s Safety Advisory 2013-03 warns railroad management and employees about the inherent dangers of employee movements between unsecured rolling rail cars. It advises railroads to review and follow SOFA recommendations previously set forth in a FRA 2011 Safety Advisory and, where conditions exists, to develop operating rules that safeguard employees, and advises employees to follow the rules.

To learn more about Safety Advisory 2013-03 please click here.

 

Two ethanol safety seminars are being held in Ohio this week hosted by The Renewable Fuels Association (RFA) and Wheeling & Lake Erie Railway.

The first safety seminar will be held Wednesday, April 24, at the American Red Cross in Akron, Ohio, and the second is to be held in Canton, Ohio, at the auditorium of the Canton Township Training Center on Thursday, April 25. Both seminars are free and have two sessions. The first session is from 9 a.m. – 2 p.m. and the second is from 5:30 p.m. – 10 p.m. on each day. The seminar is free and a meal will be provided at each session due to a grant received from the Federal Railroad Administration.

Attendees will receive information on ethanol safety and what to do in case of an accident involving ethanol. The seminar focuses on transportation and transfer of ethanol-blended fuels, storage and dispensing locations, firefighting foam principles, health and safety considerations for ethanol-blended emergencies and tank farm and bulk storage fire incidents. 

The RFA will be co-hosting Ethanol Safety Seminars throughout 2013. Scheduled seminar locations and dates are Troy, Mich., (May 9, 2013); Grand Island, Neb., (June 12, 2013); Columbus, Neb., (June 13, 2013); Salem, Ore., (June 18 & 19, 2013); and a statewide tour of California throughout July.

Those interested in attending a free seminar should register at www.rfa.traincaster.com. More information on ethanol emergency response can be found at www.ethanolresponse.com, or by calling (402) 391-1930.  

The Federal Railroad Administration has issued a new report on the status of fatigue among railroad industry employees.

In 2001, the FRA began examining the fatigue status of safety-critical railroad employees by using logbooks to collect work and sleep data over a period of two weeks from a representative sample of employees in each group.

The research in this report was conducted prior to implementation of the Railroad Safety Improvement Act of 2008 (RSIA), which made significant changes to limitations on hours of work for railroad employees. Consequently, the information in this report can serve as a baseline for examining the adequacy of existing statutory or regulatory limitations on hours of work to prevent worker fatigue.

This report draws on the results of several prior studies, all conducted with similar methodology, to characterize the prevalence of employee fatigue in the U.S. railroad industry.

Data from logbook surveys of signalmen, maintenance of way workers, dispatchers, and train and engine service employees were combined to examine the relationship between work schedules and sleep patterns.

Railroaders make up for lack of sleep on workdays by sleeping longer on rest days. This strategy is used to a greater extent among by certain groups such as signalmen working four 10-hour days, first shift dispatchers, and train and engine service workers on jobs with a fixed start time.

T&E workers in passenger service with a split assignment have a shorter primary sleep period than those working straight through or working extra board assignments, but they have similar total daily sleep because they sleep during their interim release.

Overall, U.S. railroad workers are more likely than U.S. working adults to get less than seven hours of total sleep on workdays, but railroad workers average more total sleep when sleep on workdays and rest days are combined.

Logbook data for work and sleep indicates that T&E workers and third shift dispatchers have the most fatigue exposure and passenger T&E workers have the least. Railroad workers in all groups had less fatigue exposure than those involved in human factors accidents.

The key findings of this report are as follows:

•The risk of a human factors accident is elevated 11 to 65 percent above chance by exposure to fatigue.

•The economic cost of a human factors accident when an employee is very fatigued is approximately $1,600,000, compared to $400,000 in the absence of fatigue.

•Amount of sleep and the time of day when sleep occurs account for 85 to 96 percent of fatigue exposure. Work schedules determine the amount and time of day of sleep.

•Dispatchers and T&E workers have the highest exposure to fatigue. They are also the groups that have the longest work hours and work at night.

•T&E as a group has significant fatigue exposure, but passenger T&E is the group with the least fatigue exposure. The predictability of passenger T&E schedules and less nighttime work explains this difference.

•The fatigue exposure of all groups is less than that of employees involved in human factors accidents, which indicates a relationship between fatigue and accidents.

•Significant differences resulting from job type and schedule exist in the sleep patterns of railroad workers. Analysis of data collected through a logbook study allows for identification of the differences that are not otherwise apparent.

•The sleep pattern of railroad workers differs from that of U.S. working adults. Railroad workers are more likely to get less than seven hours of total sleep on workdays, which puts them at risk of fatigue. On average, however, they obtain more total sleep than U.S. working adults, when total sleep hours on workdays and rest days are combined.

•Railroad workers in all groups reported sleep disorders that exceed U.S. norms for working adults. Of these, all but 2.4 percent were receiving treatment.

•The FRA fatigue model (FAST) provides a valid method of assessing fatigue exposure as a function of work schedule and sleep pattern.

These findings suggest that strategies for reducing railroad worker fatigue include improving the predictability of schedules and educating workers about human fatigue and sleep disorders.

To view the complete report, click here.

The following message was sent to the UTU National Legislative Office from Federal Railroad Administrator Joe Szabo:

In his State of the Union Address last week, President Obama spoke about the importance of investing in our infrastructure as a path to create new jobs and lay a foundation for America’s economic success.

Joe Szabo

In the last three years, American businesses have added 6 million new jobs, including a half-million in manufacturing. But there’s more to be done. And while construction jobs are often the most visible, our investments can continue remaking America as a magnet for manufacturing.

In a new report, the Environmental Law and Policy Center highlights the scope of the railway supply industry in the Midwest.

The report found 122 suppliers in Ohio, 99 in Indiana, 49 in Michigan, 84 in Illinois, 73 in Wisconsin, 26 in Minnesota and seven in Iowa. The Midwest is not alone. Railway suppliers are located in 49 out of 50 states and employ 94,000 people.

Manufacturers like Cleveland Track Material in Ohio are benefiting from the $12 billion the U.S. DOT has invested in passenger rail over the last four years. Started by Vietnam Veteran Bill Willoughby in 1984 in an impoverished section of Cleveland, the company was one of 53 across 20 states that received an order from Maine’s Downeaster service expansion project. Last year, Cleveland Track invested over $5 million in new production equipment at their plant. The company employs 300 people in Ohio, Tennessee and Pennsylvania. 

Manufacturers are opening new plants in the United States. Recently, the state of California awarded the newly-opened Nippon Sharyo plant in Illinois with a contract to build 130 rail cars that will run on the state’s existing corridors.

Amtrak and California High Speed Rail Authority have answered our call to work together to explore a bundled procurement for the next generation of high-speed rail equipment – equipment designed to reach up to 220 mph. Combining orders will provide incentives to high-speed rail manufacturers to build factories domestically, creating new high-quality jobs and tremendous opportunities for suppliers.

Investments in freight rail will also mean new jobs at suppliers. Last week, the Association of American Railroads announced the industry would invest more than $24 billion this year in its network.

President Obama also recently signed into law the Shortline and Regional Railroad 45G Tax Credit. The Railway Tie Association estimates that when the 45G credit is in effect, between 500,000 and 1,500,000 additional railroad ties will be installed each year.

For the first time in more than a decade, America is adding new manufacturing jobs. Continued investment in our rail network will put Americans to work in factories today, and lead to economic expansion over the next generation.

Last year was the safest year in the history of the railroad industry, based on performance measures tracked by the Federal Railroad Administration.

For the fifth fiscal year in a row, the industry has improved on all six of the FRA’s official safety performance measures, including the rate of grade crossing incidents, human factor-caused train accidents, track-caused accidents, equipment-caused accidents, signal and miscellaneous train accidents, and non-accidental rail hazmat releases.

The industry has also met the Department of Transportation’s set safety performance goal for rate of rail related accidents and incidents.

Those performance measures were highlighted in a message to railroad industry and labor leaders from Federal Railroad Administration head Joe Szabo.

“We thank our partners at the railroads, their employees and communities across America for their commitment to achieving these results. Keeping our railroads safe is a team effort,” Szabo said.

These statistics are somewhat welcome news to the UTU and its membership. In 2012, six members of the UTU were killed while on active railroad duty. That is the least number of UTU rail members killed on active duty since 2009.

“While there is a bright side to the data released by the FRA, there are still some clouds in the sky,” said UTU International President Mike Futhey. “Even one death on the railroad is one too many.”

Szabo acknowledges there is more work to be done.

“This year, we will continue to take proactive measures to prevent accidents and incidents by aggressively advancing Risk Reduction and System Safety Programs. We will also stay focused on our collaborative effort with industry and labor to eliminate electronic device distraction. Together, we can make 2013 even safer,” he said.

FRA logoOne of the strongest studies validating the need for two-person crews and intensive training for conductors has come from the Federal Railroad Administration.

The conclusion is that the conductor and engineer function as a team, with managing multiple priorities essential to safe train operation – especially with regard to use of positive train control technology that will be installed on some 40 percent of mainline track.

The FRA observes that such mixed territory operation will require a higher level of vigilance by the train crew, including detailed knowledge of territory that can come only from intensive conductor training.

“This study supports what the UTU has been advocating – that conductor training standards, system safety plans, fatigue management and risk reduction must be given the highest priority by railroads to ensure safe operation,” said UTU National Legislative Director James Stem.

The FRA study emphasizes that the conductor’s main task is to supervise overall operation and administration of the train, which involves communicating closely with the engineer regarding upcoming signals and slow orders, alerting the engineer to hills, curves and grade crossings, monitoring the engineer’s performance, providing back-up as needed, and handling all radio communications and paperwork “so that the locomotive engineer can concentrate on operating the train.

“Knowledge of the territory provides the foundation for being able to operate safely and efficiently,” says the FRA. “Train crews need to develop a detailed mental model of the physical territory in which they operate. This includes knowledge of territory grade, location of signals, milepost signs, grade crossing landmarks, sidings, switches and detectors, as well as knowledge of track layout of yards and location of industries.”

Conductors also must “monitor the composition of their train consist relative to key elements in the environment,” says the report. “For example, they need to maintain awareness of the location of the front and back of the train relative to grade crossings or speed restriction zones [and] whether their train will fit without blocking a crossing” as well as knowledge of high and wide cars and clearances and parallel track meets.

A conductor must be “a problem solver,” says the FRA, because “conductors routinely confront novel situations where they perform mental simulations to identify a correct solution. This skill develops with experience.”

For a conductor to perform at their highest level of skill, “it can take up to five years’ experience to gain sufficient experience to become a confident, expert conductor,” says the FRA. “Too much is at stake in terms of safety of the operation to permit short-cutting of experience and training,” said Stem.

The FRA endorses a combination of classroom training with on-the-job training, assuring that students spend time in the classroom learning, go out in the field to apply what they learned, and then return to the classroom to be tested. Proficiency based training with incremental blocks of training and testing before advancing is based on the science of knowledge transfer.

Regulations for conductor certification adopt many of these conclusions. This report confirms that territorial qualifications are an integral part of the functions of conductors and engineers and must be addressed as such. If the conductor has not obtained the necessary qualifications on a territory, a certified conductor with those qualifications must be added to the crew as a pilot.

Other conclusions in the study are that the operating crew must function as a team to properly manage the multiple safety requirements on a moving train, and the judgment of the operating crew is the most important safety appliance.

The UTU is monitoring closely railroad conductor certification plans, opposing one railroad’s plan to provide a pilot for territorial qualifications only for conductors who have not traveled over a territory for 36 months, rather than the 12 months required in current agreements. Some territories are so complex that operating crews are required to update their territorial qualifications every six months.

“The UTU will not permit a tortured interpretation” of congressional and FRA intent, and will work to ensure every railroad follows the letter and intent of the law and regulations prior to the deadline for certifying conductors,” said UTU International President Mike Futhey.

“The railroads tried to supersede 50 years of collective bargaining success with their filing on conductor certification. The UTU did not allow a new safety regulation to change the many common sense solutions that have been implemented during the past five decades,” Futhey said. “This report fully bolsters our position.”

 To read the FRA report, click here.

Three actions announced by the FRA this month are intended to eliminate out-of-date duplicative paperwork for smaller railroads, as well as for engineers seeking dual engineer and conductor certification. 

Among the changes proposed:

* Streamlining the process for certifying locomotive engineers by  allowing engineers to use a single medical certificate for both the conductor and engineer certification processes.

* Implementation of electronic recordkeeping for smaller freight and commuter railroads, estimated to save some 200,000 hours of paperwork annually. Those carriers using electronic recordkeeping may manage their reports internally, rather than submitting every written report to the FRA.

* Those smaller railroads that do not shift to electronic recordkeeping will also be permitted to manage their reports internally rather than submitting every report to the FRA.

Delivering on the theme of the 2012 regional meetings – “We will not back down” – UTU International President Mike Futhey told more than 1,000 attendees at the Memphis meeting how the UTU is using every tool available – negotiations, legislative and legal — to defend its members’ jobs and workplace safety.

* On the Belt Railway of Chicago, where the carrier is demanding contract changes to permit one person crews at carrier discretion, the UTU has asked the National Mediation Board to declare a bargaining impasse. Belt Railway General Chairperson Chris Votteler’s negotiating team, assisted by International Vice President Delbert Strunk, faces a carrier that refuses to take crew consist changes off the table – three years following start of negotiations — even though the carrier is party to a moratorium on the issue.

“We will take every action necessary to protect our members’ jobs. We will not stand down on crew consist,” Futhey said.

* As to conductor certification — mandated by Congress and put into regulatory language by the Federal Railroad Administration – Norfolk Southern has filed an FRA-required certification plan without discussion and coordination with general chairpersons.

The NS proposed plan seeks to provide a pilot for remedial training only for conductors who have not traveled over a territory for 36 months, rather than the 12 months required in current agreements; and then seeks to place the burden of notification solely on the conductor rather than tracking the time period electronically. Additionally, the NS plan does not discuss procedures it will follow in an investigation even though FRA regulations require railroads to provide all documents and the list of witnesses prior to a hearing.

Futhey said the UTU will not permit “a tortured interpretation” of congressional and FRA intent, and will work to ensure every railroad follows the letter and intent of the law and regulations prior to the required Sept. 1 deadline for certifying conductors.

* In Pennsylvania, Norfolk Southern is attempting to disregard state safety laws and regulations through federal preemption affecting workplace safety at hump yards. “We will take every action necessary to prevent railroads from weakening workplace safety protections, whether at the state or federal level,” Futhey said.

* Pointing to millions of dollars in fines assessed by the Occupational Safety and Health Administration against railroads that have harassed, intimidated, disciplined and fired workers for reporting injuries and workplace safety concerns, Futhey reminded members that UTU designated legal counsel is pledged to assist in bringing and pursuing such complaints. Information on filing these complaints is available at the UTU website at www.utu.org by searching “OSHA.”

“We are not going to allow carriers to continue their pattern of harassment and intimidation of workers who are injured on the job,” Futhey said. “The FRA and OSHA recently signed a letter of intent to investigate jointly all complaints of carrier harassment and intimidation, and the FRA has informed each carrier of its intent to work with OSHA to end the long-standing practice of carriers disciplining injured workers “where the facts fail to support the charges. We are lawyered up, too, and will take this to wherever we must to protect the interests of our members.”

* Recalling the horrific murder of a UTU-member bus driver in Los Angeles, the fatal shooting of a train-crew member near New Orleans, and assaults on bus operators and intrusions into locomotive cabs by armed robbers elsewhere, Futhey said the UTU is working with lawmakers and regulators to implement better safeguards for its air, bus and rail members. The FRA recently imposed a requirement that all new and remanufactured locomotive cabs be equipped with secure cab locks.

“I promise every member that the UTU will stand shoulder-to-shoulder with our members to ensure their safety. Our voice will be heard,” Futhey said.

As to the state of the union, Futhey said the International’s general fund balance is improving as carriers bring back furloughed workers, that the UTU Insurance Association now has a $28 million surplus and is financially strong, and the Discipline Income Protection Plan (DIPP) is financially sound with more than $10 million in assets.

Futhey emphasized that while competing plans often seek ways to deny payment of claims, the UTU’s DIPP is aggressive in paying claims. Futhey cited an example of two workers on the same assignment on CSX – one covered by the UTU’s DIPP and the other by a competing plan – who were both suspended. “Where the competing plan denied the claim, DIPP paid the claim. End of story.”

As for the UTU’s disability insurance plan covering bus and rail members, Futhey said it has paid out more than $22 million in disability benefits for off-duty injuries and is proving to be a valuable benefit.

As to organizing, Futhey said that since January 2008, when he took office, the UTU has an unprecedented record of organizing one new property every seven weeks. One of the first post-merger coordinations has been the joint strengthening with the Sheet Metal Workers International Association of organizing efforts, which makes greater resources available for organizing transportation, building trades and production workers.

Futhey also explained how the UTU negotiating strategy in national handling has already paid off for rail members covered by the national rail contract.

“When we entered  national rail contract negotiations, our strategy was to hold the monthly cost sharing premium under $200 — rather than allow it to escalate to $300 or more — in exchange for somewhat higher copays,” Futhey said. “The Affordable Care Act now eliminates many of those copays, saving affected members out-of-pocket for many health care services while those members enjoy one of the lowest cost-sharing premiums in the public and private sectors.”

UTU International President Mike Futhey

OSHA logo; OSHAFollowing almost 1,000 complaints from rail workers that they were improperly disciplined for reporting injuries or unsafe working conditions, the Federal Railroad Administration and the Occupational Safety and Health Administration have forged an alliance to bring more pressure on railroads to stop the pattern of harassment and intimidation.

“The safety of railroad employees depends on workers’ ability to report injuries, incidents and hazards without fear of retaliation,” said OSHA.

Between 2007 and 2012, OSHA received more than 900 whistleblower complaints under the Federal Rail Safety Act, and almost 63 percent involved an allegation that a worker was retaliated against for reporting an on-the-job injury.

The Federal Rail Safety Act of 1970 extended whistleblower protection to employees retaliated against for reporting an injury or illness requiring medical attention. The Rail Safety Improvement Act of 2008 added additional requirements ensuring injured workers receive prompt medical attention. An employer is outright prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.

Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.

Under the coordination agreement, the FRA will refer railroad employees who complain of alleged retaliation to OSHA. OSHA will provide the FRA with copies of the complaints it receives under the Federal Rail Safety Act’s whistleblower provision, as well as any findings and preliminary orders that OSHA issues. The agencies will jointly develop training to assist FRA enforcement staff in recognizing complaints of retaliation, and to assist OSHA enforcement staff in recognizing potential violations of railroad safety regulations revealed during whistleblower investigations.

“This memorandum is a watershed moment for both railroads and labor alike,” said FRA Administrator Joe Szabo. “Securing a process that protects employees who report safety violations is critical to maintaining safety standards in the workplace.”

In recent months OSHA has ordered railroads to pay millions of dollars in sanctions for violating federal whistleblower protections. “Firing workers for reporting an injury is not only illegal, it also endangers all workers,” OSHA said. In imposing sanctions against Norfolk Southern in 2011, OSHA said the railroad’s culture of employee harassment and intimidation permitted the railroad to “maintain the appearance of an exemplary safety record.”

UTU designated legal counsel have pledged to investigate and assist UTU members in bringing complaints under these laws.

A rail employee may file a whistle-blower complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.

A listing of UTU designated legal counsel is available at:

https://www.smart-union.org/td/designated-legal-counsel/

or may be obtained from local or general committee officers or state legislative directors.

To view a more detailed OSHA fact sheet, click on the following link:

www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf

By Joe Szabo – 
Federal Railroad Administrator

It seems like just yesterday, as UTU Illinois state legislative director and mayor of Riverdale, Ill., that I joined other mayors to successfully advocate for more frequent rail service from Chicago to downstate Illinois communities. 

At the time, even that modest goal seemed daunting, as conventional wisdom said Americans would no longer ride trains.

Fast forward to 2012, where 30 million people are riding Amtrak each year — more than ever before. 

The future looks even brighter. 

How did it happen? My brothers and sisters at the UTU worked with mayors, business owners, university presidents and environmental groups across the nation to show elected officials at all levels of government how better train service would transform local economies, provide Americans with more transportation options and create new jobs.

Decades of advocacy are finally paying dividends, as we finally have a president in Barack Obama who understands that our economy is dependent on the quality of our transportation system. President Obama invested more than $10 billion in regional rail networks that will provide a much needed alternative to congested highways and airports as our nation grows by 100 million people over the next 40 years.

As FRA administrator, I have visited communities across the country as they begin construction projects. Some include:

* New England, where service will reach new communities in Maine this year. 

* The Pacific Northwest, where new construction will lead to more frequent service between Seattle and Portland.

* The Midwest, where trips from Chicago to Detroit and St. Louis will be more than an hour shorter by 2014, and feature next-generation American-made trains.

* The Southeast, where new construction will lead to more frequent and reliable service between Charlotte and Raleigh.

* California, where construction is underway to add capacity to existing corridors, while the state breaks ground on its high-speed train system later this year.

The Obama administration also invested more than $3 billion to improve reliability and order new locomotives for the Northeast Corridor, while Northeast states begin planning for the next generation of the service.

In communities I visit, I meet leaders of both political parties who are excited to explain how their town will benefit from a project. As a former mayor, I relate. At the local level, transportation investments are not about politics – they are about creating new jobs, attracting new investment, and making the lives of our friends and neighbors better.

Now is the time for Congress to make the investments we need in passenger rail to create jobs today and provide America with the world-class transportation network we need in the 21st century.

(Prior to his April 2009 Senate confirmation as FRA administrator, Joe Szabo was UTU Illinois state legislative director. He is a fifth generation railroader.)