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Separate rules increase protections, add Maintenance of Way workers to drug and alcohol testing policy

FRA_logo_wordsWASHINGTON – 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:

Risch
              Risch

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.

NTSB_logoThe National Transportation Safety Board (NTSB) held a board meeting (webcasted live) yesterday, detailing the probable cause of the May 2015 Amtrak train 188 derailment outside of Philadelphia.
The derailment caused eight people to lose their lives and over 200 injuries. The NTSB found that “the probable cause of the accident was the engineer’s acceleration to 106 miles per hour as he entered a curve with a 50 mile per hour speed restriction, due to his loss of situational awareness likely because his attention was diverted to an emergency situation with another train. Contributing to the accident was the lack of a positive train control (PTC) system. Contributing to the severity of the injuries was the inadequate requirements for occupant protection in the event of a train overturning.”
The NTSB also made numerous recommendations to the Federal Railroad Administration (FRA), Amtrak, American Public Transportation Association (APTA), Association of American Railroads (AAR), Philadelphia first responders, Philadelphia’s mayor and National first responders organizations based on the accident and their findings.
The NTSB recommended to the FRA that they consider requiring railroads to install procedures where no PTC is present; modify existing regulations to include the number of crewmembers required in the cab of the locomotive and use the data regarding the number of crewmembers in the controlling cab of the train at the time of an accident to evaluate safety adequacy of current crew size regulations; and conduct research to evaluate the causes of passenger injuries and evaluate methods for mitigating those injuries such as the use of seat belts and implement any findings.
The NTSB recommended to Amtrak that they incorporate training strategies for operating crewmembers and new hires to recognize and effectively manage multiple concurrent tasks in prolonged, atypical situations.
Click here to read a summary of the NTSB’s findings.
Click here to read NTSB Chairman Christopher Hart’s opening statement.
Click here to read the presentation given by the NTSB.
Click here to read Hart’s closing statement.
Click here to view the webcast.

National Legislative Director John Risch and Local 759 (Newark, N.J.) Secretary and Treasurer Craig Harrison testified at a public hearing today before the Federal Motor Carrier Safety Administration (FMCSA) and the Federal Railroad Administration (FRA) about Obstructive Sleep Apnea.
Harrison, who works for Coach USA, testified about his hardships as a result of being diagnosed with Sleep Apnea.
Click here to read Risch’s testimony before the FRA and FMCSA.

Harrison
                       Harrison

Risch
                             Risch

 

FRA_logo_wordsThe Federal Motor Carrier Safety Administration (FMCSA) and FMCSAthe Federal Railroad Administration (FRA) will host three public listening sessions to solicit information on the prevalence of moderate-to-severe obstructive sleep apnea (OSA) among individuals occupying safety sensitive positions in highway and rail transportation, its potential consequences for the safety of rail and highway transportation, and the potential costs and benefits from regulatory actions that address the safety risks associated with motor carrier and rail transportation workers in safety sensitive positions who have OSA. The listening sessions are intended to provide interested parties with an opportunity to share their views on this topic with representatives of both agencies, along with any data or analysis they may have. The listening sessions will take place in:

A) Washington, DC, on Thursday, May 12, 2016, at the National Association of Home Builders, 1201 15th Street, NW, Washington, DC 20005;

B) Chicago, IL, on Tuesday, May 17, 2016, at the Marriott Courtyard Chicago Downtown/River North, 30 E. Hubbard Street, Chicago, IL 60611; and

C) Los Angeles, CA, on Wednesday, May 25, 2016, at the Westin Bonaventure Hotel and Suites, 404 S. Figueroa Street, Los Angeles, CA 90071.

All sessions will run from 10:00 a.m. to noon and 1:30 p.m. to 3:30 p.m., local time. If all interested parties have had the opportunity to comment, the sessions may conclude early. Click here to read the Federal Register notice.

The following is an article written by SMART Transportation Division Illinois State Legislative Director Bob Guy and was originally published on the Illinois State Legislative Board website, www.illini.utu.org.
Upon the urging of SMART, the Will County Board passed a resolution supporting the Federal Railroad Administration’s (FRA) proposed two-person crew rule. The deadline to submit comments on the propose rule is May 16, 2016. Click here to submit your comments.

Will County Board passes resolution supporting FRA’s proposed two-person crew rule

Guy

               Guy

JOLIET, Ill.—A coordinated effort recently among SMART TD and SMART led to the passage of a resolution in support of FRA’s proposed two person crew rule by the Will County Board.

The resolution passed unanimously last Thursday at the regular meeting of the Will County Board after passing unanimously out of the Legislative Committee on April 12.
“When FRA announced its Notice of Proposed Rulemaking for two person crews, SMART TD State Directors were encouraged to garner support for the pending rule,” said SMART TD Illinois State Director Robert W. Guy.
“What better way to show support than by having a rail-intensive community pass a resolution in support of FRA’s proposed rule and submitting it as part of the docket,” Guy said.
The strong relationship between our Illinois members of SMART TD and SMART really paid off in this effort.
“Once we got our marching orders from our national legislative office I met with Don Moran,” Guy said. “Brother Don is a Business Representative for SMART Local 265 out of Carol Stream, but also serves on the Will County Board.”
“When I briefed Don on the pending rule he immediately saw the potential negative implications for his community should rail carriers be allowed to operate trains with a lone crew member,” Guy said. “He was more than happy to introduce and shepherd through the supportive resolution.”
“The overwhelming support for the resolution is a testament to Don’s hard work,” Guy said. “We owe a big thank you to Don and his colleagues on the Board.”
“The ground work that Don accomplished really showed when I addressed the Board at their meeting last week,” Guy said. “After explaining what the proposed rule would do the Board passed the resolution unanimously.”
That local support should way heavy on FRA when they consider all comments received in regards to the proposed rule. It’s communities like Will County that have the potential to suffer most if rail carriers are allowed to operate trains with one crew member.
“This kind of support reinforces the results of the extensive polling SMART-TD has conducted over the past few years regarding crew size,” Guy said. “Citizens overwhelmingly have shown that they don’t want trains running through their communities with less than two people on board.”

The Resolution as passed by the Will County Board:
RESOLUTION OF THE COUNTY BOARD
WILL COUNTY, ILLINOIS
Resolution in Support of FRA Crew Size Rule
WHEREAS, the safe operation of freight and passenger trains are vital to commerce; and Will County supports efforts to keep train operations safe in our (state, county)
WHEREAS, the Federal Railroad Administration (FRA) has published a notice of proposed rulemaking (NPRM) regarding adequate staffing on trains, a factor we believe is
vital to ensuring safe train operations; and
WHEREAS, national studies show that a minimum of two on-board crew members are vital to operate a train safely and minimize the likelihood of train-related accidents; and
WHEREAS, virtually all trains in North America are already operated by crews of at least two individuals, making the economic impact of this proposed rule minimal; and
WHEREAS, the FRA agrees that, while advancements in automated technology such as Positive Train Control (PTC) systems improve railroad safety, they are not a substitute for a train’s on-board crew members.
NOW, THEREFORE BE IT RESOLVED, that the Will County Board hereby supports the Federal Railroad Administration’s proposed ruling, requiring that trains operated in America be operated by no less than a two-person crew.
BE IT FURTHER RESOLVED, that the County Clerk shall send a copy of this Resolution to the United States Department of Transportation in the form of comments in support of the proposed federal rule.
BE IT FURTHER RESOLVED, that the Preamble of this Resolution is hereby adopted as if fully set herein. This Resolution shall be in full force and effect upon its passage and approval as provided by law.

The Senate Appropriations Subcommittee on Transportation, Housing and Urban Development (THUD) passed $56.5 billion legislation to fund its programs for Fiscal Year (FY) 2017. The bill includes several positive allocations for rail:

  • $1.7 billion for the Federal Railroad Administration –  $76 million above FY 2016 enacted level
  • $525 million for TIGER Grants – $25 million above FY 2016 enacted level
  • $2.3 billion for Capital Investment Grants (New Starts) — $161 million above FY 2016 enacted level
  • Amtrak: $345 million for the Northeast Corridor and $1.075 billion for the National Network – total $30 million above FY 2016 enacted levels
  • New passenger rail grant programs created under FAST Act: $50 million for Consolidation Rail and Infrastructure and Improvement grants; $20 million for State of Good Repair grants; and $15 million for Restoration and Enhancement grants

The Senate also passed legislation that would reauthorize the Federal Aviation Administration (FAA) through FY 2017. The legislation would authorize the appropriation of $155 million from the Airport and Airway Trust Fund for the Essential Air Service (EAS) for each of the FYs 2016 and 2017.

Both pieces of legislation face more hurdles before they become law, but we are pleased that they include positive developments for our rail and air members.

On March 15th, the Federal Railroad Administration (FRA) issued a long overdue proposed regulation requiring that most trains in America have a minimum of two crewmembers. While SMART TD supports the core requirements of the rule, we believe that it can be strengthened and improved before this proposed regulation becomes final. We also expect the railroads to do everything in their power to weaken the rule. That is why we need your help. As a railroad worker, you have firsthand knowledge of the importance of two-person crews and the dangers of single-person operations. That is why the FRA needs to hear your voice on this critical safety issue. Please follow this link to submit your own comments on the rule, citing your personal experiences and expertise in operating trains. The most effective thing you can include in your comments is a personal story of how having two people on your crew prevented an accident from happening. It is not necessary to include all the details like train numbers or dates; just an overview of the incident and how having the second crew member made a difference. Examples of how the second crew member cleared a blocked crossing for an emergency vehicle or dealt with emergency responders during a derailment would also be very beneficial. No one can make a stronger case for two-person crews than those who work — or have worked — on the front lines operating trains every day. The deadline for comments has been extended to June 15, 2016 – more time to get your co-workers, friends, family members and community leaders to comment! Thank you for your help with this critically important issue. Below is an excellent example of a comment submitted by retired member Daniel Potaracke from Wisconsin: Agency: Federal Railroad Administration (FRA) Document Type: Rulemaking Title: Train Crew Staffing Document ID: FRA-2014-0033-0001 Thank You for this opportunity to comment on this important issue. I started on the BNSF RR in 1972 and retired in 2013 after 42 years of service. In 1972, I was one of 5 crew members on a train. When I retired, there were just 2 people on a train, the engineer and I the conductor. I’ve seen lots of changes on the railroad and that is putting it very mildly. With all the technology, you would think it would be safer but, I believe it has actually gotten less safe for a number of reasons. The railroads went from handling and hauling basic cargo and smaller trains to now handling much bigger trains with lots more dangerous cargo in increasing amounts. I remember having “a few” dangerous shipments but, when I retired, I was responsible for having LOTS of dangerous and hazardous cargoes. Just before I retired, I had to sift through lots and lots of paperwork to make sure I had ALL the information and redundancy so if there was a problem, I had some solutions for emergency workers and whomever needed it. I’m not saying it is bad but, making sure I had the paperwork and having someone else to count on made it somewhat better; and, how else are shippers going to transport these dangerous cargoes other than the nations highways? From what I’ve read about the trucking industry, with one person driving a huge truck with dangerous materials and the fatigue the truck drivers put up with, I’m amazed there aren’t more crashes. Having 2 people on a train is definitely much more safe! Having two sets of eyes and ears on the front end of ALL trains is essential for safety for everyone including the public, the employees and the railroads themselves. As a retired BNSF RR conductor, I’ve personally witnessed many “emergency” type incidents that warranted immediate attention and I’m not at all sure that they would have been caught by just one person. Splitting duties in such a way that there are two people onboard makes it easier for one of them to catch a problem vs having one person having so many things to be aware of and all at the same time. I know from personal experience that I’ve averted a few derailments or possible derailments because I’ve caught a problem on either my train or another passing train be it sticking brakes, cracked wheels or hot bearings and shifted loads or other problems. As you know, the railroads carry so many commodities that are very hazardous including oil trains that will burn out of control for days at a time, nuclear waste, chemicals that are certain death with contact or inhalation and munitions and explosives. Having two people on a train can catch a problem before a derailment with any of the above cargoes in a city or even out in the country where winds can blow dangerous inhalations to a city or town. Imagine a burning and exploding oil train in a congested city as big as Chicago or Minneapolis or even a small town where the entire population could be wiped out! We have all seen the images of burning oil trains; now imagine that in the middle of a city with populations living within a few hundred feet! I sometimes wonder if the railroad companies are like the automobile companies that work out the risks or odds of a derailment or toxic release or something similar where they cross their fingers and hope nothing happens but, if something did happen, the chances are 1 in X amount of percent, they could live with that and the resulting monetary damages…or deaths…or whatever. Please keep America safe with the railroads running safe with two people!

Risch
Risch
In a joint letter, SMART Transportation Division National Legislative Director John Risch and Brotherhood of Engineers and Trainmen (BLET) National Legislative Representative John P. Tolman, submitted a letter to the Federal Railroad Administration (FRA) withdrawing their previous letter dated Jan. 12 requesting that the FRA make a final rule mandating uniform warning speed signs in advance of speed restrictions. Risch and Tolman still ask that speed signs be standardized in dimensions, conspicuity, color and distance ahead of a speed restriction, but are asking that this issue be presented to the FRA’s Rail Safety Advisory Committee (RSAC) first. Click here to read Risch’s and Tolman’s original letter dated Jan. 12. Click here to read the withdrawal letter dated Feb. 26.

Amtrak locomotiveThe Associated Press reports that the Federal Railroad Administration (FRA) has ordered Amtrak to retrain employees on basic safety rules after an Amtrak train slammed into a backhoe last week, killing two maintenance-of-way (MOW) employees and injuring dozens of passengers.
Loram Maintenance of Way spokesman Tom DeJoseph told reporters that the MOW workers on the tracks were unaware that one of the tracks was active and in service at the time of the accident.
Amtrak’s CEO Joe Boardman has stated that he will immediately comply with FRA’s directive.
Click here to read more from the Associated Press.