FTA has not yet implemented worker safety provisions in the Bipartisan Infrastructure Law.

WASHINGTON – Today, 20 labor organizations representing transit drivers and other transportation workers urged Secretary of Transportation Pete Buttigieg and Federal Transit Administration (FTA) Administrator Nuria Fernandez to immediately implement the safety provisions in the Bipartisan Infrastructure Law (BIL) to protect transit workers from assault.

Four months after the passage of the BIL, the FTA has yet to implement these safety provisions. Meanwhile, transit workers continue to face danger on the job.

Assaults against transit workers have long been a concern but dramatically increased during the last three years of the pandemic, as did assaults on other frontline transportation workers like airline and airport workers.

Labor unions representing frontline transit employees have responded to this crisis over the years through legislative and regulatory measures, most recently securing several provisions in the BIL to protect transit workers.

Because of the BIL, the FTA is now statutorily required to collect accurate data on transit workforce assaults, to reform its Public Transportation Agency Safety Plan (PTASP) process to include worker voices and incorporate measures to reduce the risk of assault in every transit system, and to update its national safety plan to address the risk of assault and public health concerns.

The unions wrote: “Our members include bus and rail transit operators, station agents, car cleaners, mechanics and other frontline workers, all of whom are at risk of assault and worse each day they arrive at work. President Biden committed to protecting these workers and that promise was enshrined into law as part of the BIL. Before, and particularly during the COVID19 pandemic, these workers have laid their lives on the line every day to ensure Americans have access to safe, reliable transportation, and we must not turn our backs on them another day.”

Signers of the letter include the Transportation Trades Department of the AFL-CIO (TTD) and the nation’s largest transit unions, including the Amalgamated Transit Union (ATU), Transport Workers Union of America (TWU), International Association of Sheet Metal, Air, Rail and Transportation Workers–Transportation Division (SMART-TD), International Brotherhood of Teamsters (IBT), and Transportation Communications Union/IAM (TCU).

The letter was also signed by the following unions: Air Line Pilots Association (ALPA), American Federation of State, County and Municipal Employees (AFSCME), American Train Dispatchers Association (ATDA), Association of Flight Attendants–CWA (AFA), Brotherhood of Maintenance of Way Employes–IBT (BMWED), Brotherhood of Railroad Signalmen (BRS), International Association of Machinists and Aerospace Workers (IAMAW), International Brotherhood of Boilermakers (IBB), International Longshoremen’s Association (ILA), International Organization of Masters, Mates & Pilots (IOMM&P), International Union of Painters and Allied Trades (IUPAT), National Conference of Firemen & Oilers, SEIU (NCFO), Office and Professional Employees International Union (OPEIU), and Professional Aviation Safety Specialists (PASS).

Read the letter here.

U.S. Rep. Peter DeFazio (D-OR), the chairman of the House Committee on Transportation and Infrastructure, introduced the Stop Sexual Assault and Harassment in Transportation Act (H.R. 5706) Oct. 25, legislation to help protect passengers and personnel from sexual assault and harassment in different modes of transportation that includes the creation of new civil penalties that would apply to physical assaults or threats against Amtrak employees and other covered transportation workers.
“When it comes to the transportation of people, safety must always come first, and that includes protecting people from sexual harassment and assault,” Chair DeFazio said. “With this legislation, we can make important strides toward adequately training personnel, establishing formal policies against sexual assault and harassment, and facilitating the reporting of these incidents. In addition, my bill would help the public understand the scope of this problem by establishing the first-ever federal clearinghouse for transportation-related sexual assault and harassment data. I look forward to working with my colleagues to get this legislation signed into law so we can help stop sexual violence and abuse on our roads, on our waters, on our trains, and in our skies.”
This legislation will help prevent sexual assaults and sexual harassment on airplanes, buses, passenger vessels, commuter and intercity passenger railroads, taxis and ride-sharing vehicles. Specifically, it would require covered companies to establish formal policies against sexual assault and harassment, facilitate the reporting of sexual assault and harassment incidents, establish civil penalties for individuals who physically or sexually assault—or threaten to assault—transportation personnel, and require the Department of Transportation to collect and publicly share data on the number of sexual assault or harassment incidents reported by transportation companies covered under the bill. The AFL-CIO Transportation Trades Department (AFL-CIO TTD), of which the SMART Transportation Division is a member, is among the entities that have issued endorsements of the bill.
Last Congress, Chair DeFazio introduced similar legislation that unanimously passed the House of Representatives.
Original co-sponsors of H.R. 5706 include:

  • Julia Brownley (D-CA)
  • Salud Carbajal (D-CA)
  • Andre Carson (D-IN)
  • Adriano Espaillat (D-NY)
  • Jared Huffman (D-CA)
  • Eddie Bernice Johnson (D-TX)
  • Rick Larsen (D-WA)
  • Alan Lowenthal (D-CA)
  • Stephen Lynch (D-MA)
  • Sean Patrick Maloney (D-NY)
  • Eleanor Holmes Norton (D-DC)
  • Donald Payne, Jr. (D-NJ)
  • Albio Sires (D-NJ)
  • Dina Titus (D-NV)

Read the bill’s text.
A fact sheet about the legislation.

Transit worker and rider safety is a top priority for the Biden-Harris Administration and the U.S. Department of Transportation. Public transit is a safe form of transportation. Transit workers should expect a safe workplace and riders should expect a safe trip.
To help ensure the continued safety of our nation’s public transit systems, the Federal Transit Administration launched the Enhanced Transit Safety and Crime Prevention Initiative to provide information and resources to help transit agencies address and prevent crime on their systems and protect transit workers and riders.
FTA resources can be used by transit agencies to prevent and address crime in their systems and protect transit workers and riders. These resources also can be used for overtime pay for enhanced security personnel presence, mental health and crisis intervention specialists.
FTA has partnered with the National Transit Institute (NTI) to provide training for transit and bus operators on assault awareness and prevention. The
Click here for a list of courses from the NTI.
Click here for more information about the Enhanced Transit Safety and Crime Prevention Initiative.

SMART Transportation Division leaders support the Transit Worker and Pedestrian Protection Act (H.R.1139) introduced by U.S. Reps. Grace F. Napolitano (D – Calif.) and Congressman John Katko (R – New York) on Feb. 11 that would make the workplace safer for bus operators and commuter rail workers nationwide.
Members of SMART TD are urged to contact their U.S. senators and representatives to get them to support this important legislation. Please visit the SMART TD Legislative Action Center to find out how to get in touch with your legislators and take action on this important legislation.
“While most interactions between SMART TD members and the passengers they serve are peaceful encounters, too often that is not the case,” SMART Transportation Division President John Previsich said. “Our members deserve the protections necessary to ensure their safety, health and well-being. This legislation will require transit agencies to develop risk-reduction programs to make bus and transit services safer for TD members, riders and pedestrians alike.”
Incidents of assault on public transit occur in the United States frequently and threaten the safety of SMART TD members, the riding public and pedestrians. Countless news reports involving violent acts by unruly passengers have left SMART TD bus operators and transit employees as victims of violence.
“You name it — our members have encountered it and have had to deal with these gruesome, violent occurrences. Yet we’ve seen little done about it. This legislation fulfills the need for adequate driver shields and mandatory de-escalation training,” said SMART TD National Legislative Director John Risch. “Thank you to Representatives Napolitano and Katko for refining this important piece of legislation and for being steady in their continuing commitment to making public transportation safer in the United States.
“Our pledge is to continue to work with Congress and the Administration to ensure transit workers and those who use public transit receive the protection they deserve.”
The Transit Worker and Pedestrian Protection Act requires that both rail and bus transit agencies (those not covered by the FRA) create risk-reduction plans to protect operators within two years of the bill’s passage and that the agencies submit those plans to the U.S. Department of Transportation (DOT) for approval.
Some components of these plans could include physical barriers to prevent operator assaults, de-escalation training for workers, driver-assistance technology to reduce accidents, ergonomic improvements to prevent operator injuries and modified specifications or retrofits to reduce visibility impairments for operators.
The bill also requires that any assault on a transit or bus operator be reported to the DOT’s National Transit Database.
“There is no higher priority than operator safety. Too often we’ve seen reports of drivers getting assaulted and having their lives irreversibly changed simply because they were behind the controls doing their jobs,” said Calvin Studivant, SMART TD Bus Department vice president. “The risk-reduction programs and other safety requirements that this bill puts in place will help to keep our members safe.”
The Bus Operator and Pedestrian Protection Act (H.R. 6016), a similar bill introduced by Napolitano and Katko last year, picked up co-sponsors from both parties in the U.S. House and received the endorsement of SMART TD and other transportation unions. U.S. Sen. Chris Van Hollen of Maryland introduced a companion bill to the 2018 legislation in the U.S. Senate and is doing the same with H.R. 1139.
The Transit Worker and Pedestrian Protection Act continues to build upon these efforts to eliminate bus and transit operator assaults, thus protecting workers, the riding public and pedestrians. It likewise receives SMART TD’s full backing.