On Friday, July 15, John Risch, National Legislative Director with SMART TD, testified before the Federal Railroad Administration (FRA) in Washington, DC, in strong support of a minimum two-person crew mandate for freight and passenger trains. It may take months for the FRA board to make a final decision. Read his complete testimony here. Front page photo: Risch at FRA hearing.
Tag: FRA
Senator Heidi Heitkamp (D-ND) testified in today in hearings before the FRA, in support of a two-person crew rule for all freight trains. Seated directly behind the Senator is John Risch, SMART TD Legislative Director. Risch, SMART TD Member Mike Rankin, and TTD President Ed Wytkind also provided testimony in favor of the rule.
Along with Senator Heidi Heitkamp (D-ND), leaders and members of transportation unions, including TTD and SMART TD, provided compelling testimony to the FRA today, in support of a federal rule that would mandate a minimum of two crew members for all freight train operations. Read the complete TTD press release here
SMART Transportation Division President John Previsich and Brotherhood of Locomotive Engineers and Trainmen (BLET) President Dennis Pierce, issued a joint statement, following their submission of their comments to the Federal Railroad Administration (FRA) on train crew size.
“Operating freight trains with one-person train crews is unsafe and must be prohibited. That is the message we delivered yesterday in the comments filed with federal rail safety regulators,” Previsich and Pierce said.
“Our comments provide a clear rationale for the FRA to finalize a rule this year and to close loopholes included in the agency’s initial proposed rule that could permit the limited use of one-person crew freight operations.”
Click here to read the official press release from both unions.
Click here to read the comments submitted to the FRA, followed by the polling results of 11 individual states on two-person crews conducted by DFM Research on behalf of SMART TD (see page 18 for polling results).
On Wednesday, June 15, SMART Transportation Division and the Brotherhood of Locomotive Engineers and Trainmen (BLET) submitted their joint comments on the Federal Railroad Administration’s (FRA) proposed two-person crew rule.
While both unions strongly support the proposed rule, they suggested in their comments that the rule be made stronger before being made final.
“We firmly believe that the only safe way to operate a train is with a crew of at least two people – a federally certified locomotive engineer and a federally certified conductor,” the unions emphasized.
Click here to read the unions’ comments. Following the comments (on page 18) are the polling results of 11 individual states on two-person crews conducted by DFM Research on behalf of SMART TD.
Members, family, friends and communities can comment on the proposed rule until tonight at 11:59 p.m. eastern time and are encouraged to do so. Click here to comment.
The question?
May an employee wear a device like a “Garmin Vivofit” or “Fitbit” wristband that acts like a watch, and counts the steps that an individual takes each day? The devices are not searching for the internet, or Wifi, to do this and must be synchronized with Bluetooth on a separate device. The devices are essentially digital watches and track the number of steps an individual takes each day in the background. Does the FRA consider these devices “smart watches”?
FRA considers Fitbits and similar devices to be “personal electronic devices” that are subject to the restrictions in part 220. Per the definition of an “electronic device” at 49 CFR 220.5, they are an electronic device that performs functions not necessary for the health or safety of that person and entail the risk of distracting employees from safety-related tasks.
FRA understands some Fitbit devices are rather limited in their functionality. However, a number of different fitness tracking devices are available. The Fitbit Blaze, for example, has functions that include mobile playlists, call alerts, text alerts and fitness tracking. These functions are the same type of distracting functions that have caused railroad accidents and were the impetus for the restrictions contained in part 220.
The regulation text of part 220 does not distinguish between Fitbits that have limited functionality, and those that are more akin to smartphones or smartwatches. Unless a waiver granting an exemption for certain fitness tracking devices with limited functionality were issued by FRA in the future, the agency considers all such devices to be “personal electronic devices” that are subject to the restrictions in part 220. However, railroad operating employees are allowed the use of digital clocks or wristwatches whose primary function is to tell time.
Timepieces are commonly used in the railroad industry to verify the accuracy of a locomotive’s speed indicator. This function is safety-related in that it accurately allows a train crew to comply with relevant track speed limits during the course of a train’s movement. This exception is limited to those wristwatches that do not have functions which violate the requirements set forth under 220 subpart C. The Primary function of fitness tracking devices is not to tell time.
As stated in Title 49 CFR 220.303, a railroad operating employee shall not use an electronic device if that use would interfere with the employee’s or another railroad operating employee’s performance of safety-related duties. No individual in the cab of a controlling locomotive shall use an electronic device if that use would interfere with a railroad operating employee’s performance of safety-related duties.
The exceptions within 220 subpart C account for varying operating situations, with particular flexibility for railroad supplied devices.
The only exceptions within 220 subpart C are specially stated in § 220.309:
§ 220.309 Permitted uses; exceptions to other restrictions.
Notwithstanding any other limitations in this subpart, a railroad operating employee may use the following, if that use does not interfere with any employee’s performance of safety-related duties—
(a) The digital storage and display function of an electronic device to refer to a railroad rule, special instruction, timetable, or other directive, if such use is authorized under a railroad operating rule or instruction.
(b) An electronic device as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing a duty for the railroad.
(c) An electronic device to take a photograph of a safety hazard or a violation of a rail safety law, regulation, order, or standard, provided that—
- A camera that is part of a cell phone or other similar multi-functional electronic device is not included in this exception unless it is a railroad supplied device and is used for an authorized business purpose;
- The camera, unless otherwise permitted, is turned off immediately after the documentation has been made; and
- If the camera is used in the cab of a moving train, the use is only by a crewmember other than the locomotive engineer.
(d) A stand-alone calculator if used for an authorized business purpose.
(e) A medical device that is consistent with the railroad’s standards for medical fitness for duty.
(f) A wireless communication device to conduct train or switching operations if the railroad operating employee is part of a crew assigned to a train that is exempt under § 220.9(b) from the requirement of a working radio when the employing railroad has fewer than 400,000 annual employee work hours.
Additionally, railroads may impose more stringent requirements that are subject to change at the railroad’s discretion, without notice to FRA, and can vary from railroad to railroad.
The question? May an employee wear a device like a “Garmin Vivofit” or “Fitbit” wristband that acts like a watch, and counts the steps that an individual takes each day? The devices are not searching for the internet, or Wifi, to do this and must be synchronized with Bluetooth on a separate device. The devices are essentially digital watches and track the number of steps an individual takes each day in the background. Does the FRA consider these devices “smart watches”?
FRA considers Fitbits and similar devices to be “personal electronic devices” that are subject to the restrictions in part 220. Per the definition of an “electronic device” at 49 CFR 220.5, they are an electronic device that performs functions not necessary for the health or safety of that person and entail the risk of distracting employees from safety-related tasks.
FRA understands some Fitbit devices are rather limited in their functionality. However, a number of different fitness tracking devices are available. The Fitbit Blaze, for example, has functions that include mobile playlists, call alerts, text alerts and fitness tracking. These functions are the same type of distracting functions that have caused railroad accidents and were the impetus for the restrictions contained in part 220.
The regulation text of part 220 does not distinguish between Fitbits that have limited functionality, and those that are more akin to smartphones or smartwatches. Unless a waiver granting an exemption for certain fitness tracking devices with limited functionality were issued by FRA in the future, the agency considers all such devices to be “personal electronic devices” that are subject to the restrictions in part 220. However, railroad operating employees are allowed the use of digital clocks or wristwatches whose primary function is to tell time.
Timepieces are commonly used in the railroad industry to verify the accuracy of a locomotive’s speed indicator. This function is safety-related in that it accurately allows a train crew to comply with relevant track speed limits during the course of a train’s movement. This exception is limited to those wristwatches that do not have functions which violate the requirements set forth under 220 subpart C. The Primary function of fitness tracking devices is not to tell time.
As stated in Title 49 CFR 220.303, a railroad operating employee shall not use an electronic device if that use would interfere with the employee’s or another railroad operating employee’s performance of safety-related duties. No individual in the cab of a controlling locomotive shall use an electronic device if that use would interfere with a railroad operating employee’s performance of safety-related duties.
The exceptions within 220 subpart C account for varying operating situations, with particular flexibility for railroad supplied devices.
The only exceptions within 220 subpart C are specially stated in § 220.309:
§ 220.309 Permitted uses; exceptions to other restrictions.
Notwithstanding any other limitations in this subpart, a railroad operating employee may use the following, if that use does not interfere with any employee’s performance of safety-related duties—
(a) The digital storage and display function of an electronic device to refer to a railroad rule, special instruction, timetable, or other directive, if such use is authorized under a railroad operating rule or instruction.
(b) An electronic device as necessary to respond to an emergency situation involving the operation of the railroad or encountered while performing a duty for the railroad.
(c) An electronic device to take a photograph of a safety hazard or a violation of a rail safety law, regulation, order, or standard, provided that—
- A camera that is part of a cell phone or other similar multi-functional electronic device is not included in this exception unless it is a railroad supplied device and is used for an authorized business purpose;
- The camera, unless otherwise permitted, is turned off immediately after the documentation has been made; and
- If the camera is used in the cab of a moving train, the use is only by a crewmember other than the locomotive engineer.
(d) A stand-alone calculator if used for an authorized business purpose.
(e) A medical device that is consistent with the railroad’s standards for medical fitness for duty.
(f) A wireless communication device to conduct train or switching operations if the railroad operating employee is part of a crew assigned to a train that is exempt under § 220.9(b) from the requirement of a working radio when the employing railroad has fewer than 400,000 annual employee work hours.
Additionally, railroads may impose more stringent requirements that are subject to change at the railroad’s discretion, without notice to FRA, and can vary from railroad to railroad.
Separate rules increase protections, add Maintenance of Way workers to drug and alcohol testing policy
WASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) announced it has issued two final rules to better protect railroad employees working on or near railroad tracks. One rule amends the existing Roadway Worker Protection regulation. The second rule, Control of Alcohol and Drug Use, revises FRA’s existing alcohol and drug testing regulations and expands the requirements to now cover maintenance of way (MOW) employees. The second rule fulfills a requirement of the Rail Safety Improvement Act of 2008.
“Clear communication, multiple layers of safety and a rigorous alcohol and drug testing policy are critical to keep workers along and near tracks—and ultimately passengers and train crews—out of harm’s way,” said U.S. Transportation Secretary Anthony Foxx. “These are common sense rules that will help make our railroads safer.”
The Roadway Worker Protection final rule amendments will: (1) resolve different interpretations that have emerged since the rule went into effect nearly 20 years ago; (2) implement FRA’s Railroad Safety Advisory Committee’s (RSAC) consensus recommendations; (3) codify certain FRA Technical Bulletins; (4) codify a FAST Act mandate by adopting new requirements governing redundant signal protections; (5) address the safe movement of roadway maintenance machinery over signalized non-controlled track (not under a dispatcher’s control); and (6) amend certain qualification requirements for roadway workers.
The latest amendments require that job briefings include information for roadway worker groups on the accessibility of the roadway worker in charge; set standards for how “occupancy behind” train authorities (when the authority for a work crew does not begin until the train has passed the area) can be used; and require annual training for any individual serving as a roadway worker in charge.
In addition to the existing requirement to have a primary means of protection by establishing working limits and a requirement that all affected roadway workers be notified before working limits are released, FRA’s rule changes will now require another level of redundant signal protection.
“These new rules add another layer of protection for workers who work along and near railroad tracks and will help us reduce preventable worker injuries and fatalities,” said FRA Administrator Sarah E. Feinberg.
In response to both a congressional mandate and a National Transportation Safety Board (NTSB) recommendation, FRA is broadening the scope of its existing drug and alcohol testing regulation to cover MOW employees. Currently, a MOW employee is only drug and alcohol tested when he or she has died as a result of an accident or incident. MOW employees will now be fully subject to FRA’s drug and alcohol testing that includes random testing, post-accident testing, reasonable suspicion testing, reasonable cause testing, pre-employment testing, return-to-duty testing and follow-up testing.
“Whether you are an engineer, conductor or someone working alongside the tracks, safety requires alertness. Any reduction in awareness caused by drugs or alcohol use can often be the difference between life and death,” Feinberg added.
The Control of Alcohol and Drug Use rule, which also clarifies interpretations since the testing rule went into effect in 1986, includes other substantive changes. In response to another NTSB recommendation, the rule changes will now allow drug testing of railroad and MOW employees that are believed to have caused an incident at a railroad crossing.
The final Roadway Worker Protection rule is effective April 1, 2017. The Control of Alcohol and Drug Use goes into effect one year after publication.
Read the rules:
In a letter dated May 26, 2016, to the Federal Railroad Administration (FRA), SMART TD National Legislative Director John Risch brought attention to the fact that some railroads are requiring needless radio broadcasts to the already-congested radio airways, which caused a derailment and loss of life in the case of the May 2015 Amtrak crash.
“Places where there is too much radio traffic impairs the ability of train crew members to communicate effectively with roadway workers, dispatchers and other train crews causing safety issues,” Risch wrote. “We have reports from members who say they have lost situational awareness because of the constant blaring of the locomotive radio and I can attest that it has happened to me.”
Click here to read Risch’s letter to the FRA in its entirety.