On Aug. 30 from 10 a.m. to 4 p.m., the Federal Railroad Administration will host a seminar on drug testing policy and rail safety in Kansas City, Mo.
The seminar dives into 2017 drug testing amendments and a pair of amendments to safety rules created in November 2014 and December 2017. It will be held at the National Weather Service Training Center Auditorium, 37220 NW 101st, Kansas City, MO 64153. A government-issued ID is required to enter the building. There is no charge to attend.
To register, visit https://www.fra.dot.gov/conference/2018/reoseminar/register.aspx.
Tag: FRA
A victory for safety was achieved in June when the Federal Railroad Administration’s (FRA) Railroad Safety Board denied a request by the Association of American Railroads (AAR) to lengthen the “off-air” restriction from four to 24 hours for required brake tests and inspections.
AAR had written to FRA in December 2017 seeking a petition for waiver, arguing that safety would not be affected and that lengthening the off-air restriction would bring U.S. requirements in line with Canada’s 24-hour off-air restriction.
However, SMART Transportation Division President John Previsich and union leaders from the Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Railroad Signalmen (BRS), American Train Dispatchers Association (ATDA) and Brotherhood Railway Carmen Division (TCU/IAM)’s letter in February urged FRA officials to deny the request.
The waiver would be unenforceable and too far-reaching, the unions argued.
“Despite the carriers’ safety assurances, the labor organizations have concerns with this far sweeping request for waiver given the fact that it will cover AAR’s entire membership,” the unions said. “To allow such a sweeping waiver request to go forward, each railroad would have to demonstrate that the cars on their railroad had state of the art brake valves, dryers and automatic moisture drainage. It is hard to imagine FRA granting such a ‘one size fits all’ waiver to each of AAR’s member railroads.”
The FRA board agreed with SMART TD and the other rail unions, with Robert Lauby, FRA Associate Administrator for Railroad Safety, saying in the agency’s June 19 denial letter that the petition was better considered as part of the rulemaking process.
The board also said that AAR failed to prove that the changes would not have an adverse effect on safety.
“Based on its review and analysis, the board concluded that granting the requested relief would not be in the public interest or consistent with rail safety,” Lauby wrote.
Lauby also said in the letter that the data provided by AAR to support its petition did not cover the variety of real-world conditions encountered while running trains.
“Absent more detailed data demonstrating that safety would not be compromised, the Board concluded that the waiver request was not justified,” Lauby said.
SMART Transportation Division President John Previsich and leaders from four other unions — the ATDA, BLET, BRS and TCU — submitted a 26-page document May 7 in response to the Federal Railroad Administration’s request for comment on autonomous trains.
In it, Previsich and union leaders Leo McCann, Dennis Pierce, W. Dan Pickett and Richard Johnson outline the approach they believe the industry should take in adopting new technologies in the rail industry in addition to the continuing role labor will play as these technologies advance.
To read a PDF of their submission, visit this link.
Previsich also submitted a second set of comments to FRA outlining SMART TD’s position on automation.
“Safety must be first and foremost when discussing the future of automation of our nation’s railroads,” Previsich wrote. “It would be unethical and would violate the mandate of Congress to sacrifice safety for potential profits.”
SMART TD’s comments:
1. Safety and security must be our No. 1 priority
2. Essential job functions of human railroad employees cannot be automated
In addition, the condition of America’s infrastructure, the risk of cyberattacks and the elimination of the human element of being able to watch and respond to possible safety threats also should be weighed as autonomous technology is considered, Previsich said.
“The functions of human crewmembers can never be fully automated in a way that maintains safety at its current level, let alone increases safety,” Previsich wrote. “In this industry, we are beset by challenges from all sides, and it is critical that at this juncture we take all of these challenges into consideration when it comes to automation, so as to keep railroads moving efficiently, profitably, and most importantly, safely.”
To read SMART TD’s full comments, follow this link.
A man’s rail career was jeopardized after eating a gummy bear, and SMART Transportation Division cautions members of the risks of a positive drug test after consuming “hemp products,” which are unregulated by the federal government and considered illegal by federal law.
Virginia State Legislative Director Ronnie Hobbs says a 28-year-old member experienced a positive Department of Transportation drug test after eating a candy containing the substance cannabidiol, commonly known as CBD, which is a chemical derived from the marijuana plant.
CBD is legal in products in many states, including Virginia, and reportedly has medicinal properties such as relaxation, pain relief and anxiety reduction in users. Because of these properties and the adoption of medical marijuana laws in multiple states, hemp products containing CBD such as ingestible pills or tablets, candies, “vaping” fluid, topical ointments and oils have become more widely available.
“This is a major issue,” said Hobbs. “These products can cost members their jobs – you don’t know what you’re buying.”
The Federal Railroad Administration (FRA) issued a statement in late April warning of the potential risk of using anything containing CBD, such as gummies or hemp oil.
Since CBD comes from the marijuana plant, federal law considers it an illegal Schedule I controlled substance, even though it may be for sale and legal to use in individual states. Because the federal government considers it illegal, products containing it are unregulated by the Food and Drug Administration (FDA) and there is no oversight of these products.
As a result, users of hemp products run the risk of taking in the intoxicating component of marijuana called delta-9 tetrahydrocannabinol, aka THC. Since there is no regulatory oversight, the label may claim the products have no THC content, but there is no guarantee that is the case, the FRA said.
“CBD products can, therefore, be definitely a ‘buyer beware’ concern in terms of product content and quality control,” the FRA stated. “In addition, CBD products may be innocently or purposefully sold with varying amounts of THC present, which will obviously not be listed as an ingredient.”
So the label might be wrong, saying that the product didn’t contain THC when it actually did, as was the case for the member, Hobbs said.
“It’s creative packaging,” he said. “We need to get a strong message out. Even though the packaging says, ‘no THC,’ there could be THC in there. There’s no oversight.”
Drug tests administered by the DOT target a byproduct called THCCOOH, which appears in a person’s urine after the use of a product containing THC. While a product containing pure CBD would not trigger a positive, a product with a mix of THC along with the CBD taken into the body could trigger a positive test.
“If THC is present in sufficient amounts, that could potentially be the source of a positive federal drug test,” the FRA said.
Even if a regulated employee says the source of a positive marijuana test is a hemp product, FRA says the test still will be verified by the Medical Review Officer (MRO) as a positive result.
That’s what happened to the father of two after just one gummy bear, Hobbs said.
Railroads’ progress on Positive Train Control remains uneven
WASHINGTON—The U.S. Department of Transportation’s (US DOT’s) Federal Railroad Administration (FRA) today released a status update on its efforts to assist railroads in implementing positive train control systems (PTC), along with the railroads’ self-reported progress for the fourth quarter of 2017.
At the direction of Secretary Elaine L. Chao, the FRA is taking a proactive approach to ensure railroads acquire, install, test and fully implement certified PTC systems in time to meet the congressional interim deadline of December 31, 2018.
“It is the railroads’ responsibility to meet the congressionally mandated PTC requirements,” said FRA Administrator Ronald L. Batory. “The FRA is committed to doing its part to ensure railroads and suppliers are working together to implement PTC systems.”
Between January 2 and February 14, 2018, FRA’s leadership hosted face-to-face meetings with executives from each of the 41 railroads subject to the statutory mandate. The purpose of the meetings was to evaluate each railroad’s PTC status and learn what remaining steps each needs to take to have a PTC system fully implemented by the December deadline or, at a minimum, to meet the statutory criteria necessary to qualify for an alternative schedule.
As a result of the meetings with railroads, FRA is now meeting with PTC suppliers to learn more about their capacity to meet the high demands for railroads’ implementation of PTC systems in a timely manner.
PTC systems are designed to prevent certain train-to-train collisions, over-speed derailments, incursions into established work zone limits, and trains going to the wrong tracks because a switch was left in the wrong position.
All railroads subject to the statutory PTC implementation mandate must implement FRA-certified and interoperable PTC systems by the end of the year. Under the Positive Train Control Enforcement and Implementation Act of 2015, however, Congress permits a railroad to request FRA’s approval of an “alternate schedule” with a deadline beyond December 31, 2018, but no later than December 31, 2020, for certain non-hardware, operational aspects of PTC system implementation. The congressional mandate requires FRA to approve a railroad’s alternative schedule with a deadline no later than December 31, 2020, if a railroad submits a written request to FRA that demonstrates the railroad has met the statutory criteria set forth under 49 U.S.C. § 20157(a)(3)(B).
The fourth quarter data, current as of December 31, 2017, shows PTC systems are in operation on approximately 56 percent of freight railroads’ route miles that are required to be governed by PTC systems—up from 45 percent last quarter and 16 percent on December 31, 2016. Passenger railroads have made less progress—with PTC systems in operation on only 24 percent of required route miles, unchanged from the previous quarter.
The latest data confirms that railroads continue to make progress in installing PTC system hardware, with 15 railroads reporting they have completed installation of all hardware necessary for PTC system implementation and another 11 railroads reporting they have installed over 80 percent of PTC system hardware. In addition, all but three railroads report having acquired sufficient spectrum for their PTC system needs.
For more key implementation data for the fourth quarter, see the infographics here: https://www.fra.dot.gov/ptc.
To view the public version of each railroad’s Quarterly PTC Progress Report (Form FRA F 6180.165, OMB Control No. 2130-0553) for Quarter 4 of 2017, please visit each railroad’s PTC docket on https://www.regulations.gov/. Railroads’ PTC docket numbers are available at https://www.fra.dot.gov/Page/P0628.
On February 28, 2018, Ron Batory was sworn in as Administrator of the Federal Railroad Administration. Representing SMART General President Joe Sellers is Steve Dodd, director of government affairs, who is pictured with Ron Batory.
Batory has more than 45 years of rail industry experience and most recently served as president and chief operating officer of Conrail. Batory joined the company in 1998 as vice president-operations and was appointed COO in 2004. He retired from Conrail last year.
Before that, he was president of the Belt Railway Co. of Chicago. Batory also spent more than 20 years working for both 
eastern and western Class Is, in addition to assisting a court-appointed trustee’s oversight of a regional railroad bankruptcy.
According to GP Sellers, “We are pleased to have Ron Batory as the administrator of the Federal Railroad Administration (FRA).” He added that, “Ron Batory is knowledgeable and experienced in the railroad industry. We look forward to collaborating with him on PTC and other safety initiatives.”
The National Transportation Safety Board (NTSB) issued three urgent safety recommendations to the Federal Railroad Administration (FRA), acting upon the agency’s findings in two ongoing railroad accident investigations.
The Federal Railroad Administration (FRA) received one urgent safety recommendation based on NTSB findings in the agency’s investigation of the Feb. 4, 2018, collision of an Amtrak train and a CSX train near Cayce, S.C. The conductor and engineer of the Amtrak train died as a result of the collision. The NTSB issued two urgent safety recommendations to the Metropolitan Transportation Authority (MTA) based on findings from its investigation of the June 10, 2017, Long Island Rail Road (LIRR) accident in which a roadway worker died near Queens Village, N.Y.
In the investigation of the train collision in Cayce, South Carolina, investigators found that on the day before the accident, CSX personnel suspended the traffic control signal system to install updated traffic control system components for the implementation of positive train control (PTC). The lack of signals required dispatchers to use track warrants to move trains through the work territory.
In this accident, and in a similar March 14, 2016, accident in Granger, Wyo., safe movement of the trains, through the signal suspension, depended upon proper switch alignment. That switch alignment relied on error-free manual work, which was not safeguarded by either technology or supervision, creating a single point of failure.
The NTSB concludes additional measures are needed to ensure safe operations during signal suspension and so issued an urgent safety recommendation to the FRA seeking an emergency order directing restricted speed for trains or locomotives passing through signal suspensions when a switch has been reported relined for a main track.
“The installation of the life-saving positive train control technology on the CSX tracks is not the cause of the Cayce, S.C. train collision,” said NTSB Chairman Robert Sumwalt.
“While the collision remains under investigation, we know that signal suspensions are an unusual operating condition, used for signal maintenance, repair and installation, that have the potential to increase the risk of train collisions. That risk was not mitigated in the Cayce collision. Our recommendation, if implemented, works to mitigate that increased risk.” said Sumwalt.
During the investigation of the LIRR accident, the NTSB identified an improper practice by LIRR roadway workers who were working on or near the tracks. LIRR employees were using “train approach warning” as their method of on-track safety, but they did not clear the track, as required, when trains approached and their “predetermined place of safety” did not comply with LIRR rules and procedures.
The NTSB is concerned LIRR management is overlooking and therefore normalizing noncompliance with safety rules and regulations for proper clearing of tracks while using “train approach warning” for worker protection. The two urgent safety recommendations to the MTA call for MTA to audit LIRR’s use of “train approach warning” for worker protection, and, to implement corrective action for deficiencies found through the audit.
The full safety recommendation reports for these urgent safety recommendations are available online at https://goo.gl/z87Dpz and https://goo.gl/LVVef3.
After months of having his nomination on hold in the U.S. Senate, Ronald L. Batory was confirmed Tuesday evening as administrator of the Federal Railroad Administration by unanimous voice vote.
Batory’s ascension to the position came after U.S. Sen. Chuck Schumer, the Senate minority leader, removed a hold he had placed on the nomination.
The hold on Batory’s nomination had been an attempt by the Democratic senator to work out federal funding for the multibillion-dollar Gateway Tunnel project between his home state of New York and New Jersey.
Batory, former COO and president of Conrail, was nominated in July to lead the FRA by President Donald Trump. As the delay on his confirmation continued, Batory began working in November as a special assistant to federal Department of Transportation Secretary Elaine Chao, advising on rail matters.
“Ron Batory is a veteran railroader who knows the industry,” SMART TD National Legislative Director John Risch said. “We look forward to working with him at FRA.”
While Batory’s confirmation remained in political limbo, the FRA was being described as “rudderless” in some media reports.
Deputy Administrator Heath Hall, who had been leading the agency, resigned mere days before Batory’s confirmation after allegations surfaced in the media that Hall was working a second job.
Hall had been on a leave of absence from the agency since late January, and Juan D. Reyes III had been overseeing the FRA.
In addition to Batory’s confirmation, Raymond Martinez was confirmed by the Senate as administrator of the Federal Motor Carrier Safety Administration.
WASHINGTON (Jan. 11, 2018) — The National Transportation Safety Board (NTSB) issued four railroad related safety recommendations in concert with the agency’s publication of two railroad accident briefs Thursday, Jan. 11.
The recommendations and briefs stem from the NTSB’s investigations of a railroad employee fatality in Kansas City, Kansas, and a derailment near Heimdal, N.D. The accidents are unrelated.
Recommendation to Union Pacific concerning employee fatality
A Union Pacific Railroad (UP) foreman died after being struck by a remote-control train during switching operations at the east end of Armourdale Yard, Kansas City, Sept. 29, 2015. The NTSB determined the probable cause of the accident was the foreman being in the gage of the track, for unknown reasons, while a train switching movement was being performed by another crew. The report also states inadequate radio communications and inadequate work coordination between crews working in the yard contributed to the accident.
In the course of the investigation the NTSB learned Union Pacific employees received frequent, non-critical, man-down alarms which the NTSB believes likely reduced the attention and reaction crewmembers made to actual critical alarms.
A man-down alarm is an audible warning transmitted of the yard’s radio channels from a remote-control unit (used to remotely control locomotives in the yard) indicating the remote-control unit is not in a vertical position and its operator may be in danger. As a result of the investigation the NTSB issued a safety recommendation to the Union Pacific Railroad to develop and implement a modification to the man-down alarms that would allow workers to differentiate between legitimate and non-critical alarms.
Recommendation to BNSF concerning derailment
A broken wheel led to the derailment of six of the 107 loaded tank cars carrying crude oil in a Burlington Northern Santa Fe crude (BNSF) oil unit train May 6, 2015, near Heimdal, N.D. No injuries or fatalities were reported in connection with the derailment, however five of the derailed tank cars breached, releasing about 96,400 gallons of crude oil. A fire ensued, forcing the evacuation of about 30 people from Heimdal and the surrounding area due to the smoke plume.
The NTSB determined the left wheel, in the second position on car 81 was broken due to a vertical split rim which led to catastrophic failure of the wheel due to multiple overstress fractures.
As a result of the investigation the NTSB issued two safety recommendations to the Federal Railroad Administration (FRA) to research and evaluate wheel impact load thresholds and to mandate remedial actions for railroads to avoid or identify mechanical defects identified by wheel impact load detectors.
A third recommendation was issued to both the FRA and the Association of American Railroads (AAR) seeking collaboration in evaluation of safe peak vertical load thresholds to determine remedial actions for suspected defective wheel conditions in high-hazard flammable train service.
The Heimdal, North Dakota, railroad accident brief is available online at http://go.usa.gov/xndbK and the Kansas City, Kansas, railroad accident brief is available at https://go.usa.gov/xndbN.
WASHINGTON, DC, January 5, 2018 – Operation Lifesaver Inc., (OLI) the national nonprofit organization dedicated to promoting safety at railroad crossings and along railroad rights-of-way, has developed engaging new materials for its trained volunteer speakers to use in safety presentations with students in kindergarten through middle school.
“Operation Lifesaver is working to change people’s behavior around railroad tracks and crossings with our educational materials and tips for people of all ages,” said OLI Interim President Wende Corcoran.
“Every year, approximately 900 trespassers and over 1,000 motorists are involved in incidents along train tracks or at grade crossings,” she continued. “Reaching school-aged students with free presentations by our volunteers that are interesting, fun and that convey lifesaving information is an important part of our multi-faceted approach to reducing those numbers.”
The number of trespassers killed or injured while trespassing on railroad tracks and property rose in 2015 and 2016, according to Federal Railroad Administration statistics. Corcoran noted that the new resources have been specifically designed to deliver age-appropriate trespass prevention messages.
The new Operation Lifesaver, Inc. materials include:
- The Trains & Tracks presentation, for use with children in grades K-2 or between the ages of 5-8, introduces young children to basic safety messages and train attributes, emphasizing the importance of using caution around trains and tracks. The information is presented as a story, “Train and the Whateveritwas,” which incorporates key safety messages in an entertaining and engaging format.
- The Train Safety Savvy presentation, for use with children in grades 3-5 or between the ages of 8-11, covers general safety messages, signs and signals, and trespass prevention messages using information and interactive games sequences to keep the attention of this age group.
- The Main Line Middle School presentation, which uses emoji-like characters in a colorful, yearbook-style story line to appeal to smart phone-savvy students in grades 6-8 or ages 11-13, covers general safety messages, signs and signals, and trespass prevention messages.
Corcoran said that the three new educational tools are available for viewing on the OL for Kids section of the Operation Lifesaver, Inc. website. She noted that Operation Lifesaver Authorized Volunteers (OLAVs) may access and download all of these new materials in the Education Materials section of the website, as they do with all OLI presentation materials.
“We are excited to share these new educational materials with students, educators and schools across the U.S.,” said Corcoran.
About Operation Lifesaver – Operation Lifesaver is a nonprofit public safety education and awareness organization dedicated to reducing collisions, fatalities and injuries at highway-rail crossings and preventing trespassing on or near railroad tracks. A national network of trained volunteers provides free presentations on rail safety and a public awareness campaign, “See Tracks? Think Train!” equips the public with tips and statistics to encourage safe behavior near the tracks. Learn more at http://www.oli.org.