The Safety Of Our BNSF Brothers And Sisters Is Not For Sale! 

SMART-TD Fights for Worker Safety 

SMART-TD is not backing down in the fight for the safety of its members. The union is formally calling out BNSF Railway for asking the Federal Railroad Administration (FRA) to let them keep using cement cross ties and substandard infrastructure they know is not up to code. This waiver request, if approved, would allow BNSF to continue operating with defective concrete crossties and rail fastening systems for the next five years on over 61 miles of track across 19 subdivisions and multiple states. 

BNSF’s “Clean Record” is Nothing But Smoke and Mirrors 

BNSF’s argument is simple: no derailments have happened on these tracks since the last waiver was granted. But SMART-TD isn’t buying it. The fact that no accidents have happened yet doesn’t mean it’s safe, and it sure as hell doesn’t mean we should keep running trains on tracks that aren’t up to federal standards. The longer BNSF gets away with this, the more dangerous it becomes. It’s only a matter of time before something catastrophic happens. 

Let’s talk about the so-called “clean record” BNSF is boasting about with their “three-quarter” concrete ties and shoddy rail fastening systems. BNSF is responsible for reporting any issues with these tracks, but there’s no independent body ensuring they’re being honest. Unless NTSB or FRA officials are on-site, it’s all too easy for BNSF to downplay or sweep incidents under the rug in the interest of maintaining their waiver. This is a serious problem, and SMART-TD isn’t letting it slide. 

Defective Crossties: Acknowledgment is Not Enough 

It’s also worth noting that BNSF is blatantly admitting that they’re still using defective crossties—materials that don’t meet federal safety standards. This is unacceptable. A simple acknowledgment of the problem should be enough for the FRA to throw out the request without prejudice rather than allow BNSF to continue operating on these tracks for another five years. The FRA needs to take immediate action and force BNSF to fix these issues, not just kick the can down the road. 

Unsafe for Passengers = Unsafe for Freight Railroaders 

Here’s the worst part. BNSF argues that no passenger trains run on these tracks, so they claim it’s not a big deal. This is insulting. Freight workers deserve the same level of safety as passengers. Why is BNSF saying our lives are less important? The men and women working on freight trains are exposed to far greater risks than passengers. We are the ones on the front lines, dealing with track failures first on the head end. We are out there exposed to the elements, riding freight cars while carrying tools, lanterns, and paperwork, all while rolling over tracks that the railroad and the federal government acknowledge aren’t up to safety standards. This does not pass the sniff test. 

If it’s unsafe for passengers, it’s unsafe for freight rail workers. Period. There is no excuse for putting workers’ lives at risk just to save a few bucks. This waiver request is a slap in the face to every SMART-TD member. 

SMART-TD calls for Action from the FRA 

SMART-TD is letting the FRA know our position on BNSF’s waiver.  Our National Safety/Legislative Department is calling on the FRA to reject this dangerous extension request through the public comment process. We’re calling on the FRA to hold BNSF accountable and force them to replace the defective crossties and rail fastening systems before the next train goes on the ground with one of our brothers or sisters riding the side ladder! Railroad managers accept nothing less than full compliance with established safety standards when it comes to our operational testing, and they should be held to a similar standard. Our members deserve better, and our lives are not for sale. 

Make Your Voice Heard: FRA Public Comment Process 

The FRA’s public comment process is open to everyone in the U.S. If you would like to voice your opinion, please follow this link and write a brief statement letting the FRA know how you feel about the important issue in front of them. Please reference Doc. Number FRA-2011-0085 so they know exactly which issue you are commenting on. 

The deadline for submission is December 23rd at midnight Eastern Standard Time. Please take a moment to weigh in on this and keep our BNSF brothers and sisters safe on the rail, and out of the “Final Call” section of the next SMART newspaper.