WASHINGTON – A string of fiery train derailments across the country has triggered a high-stakes but behind-the-scenes campaign to shape how the government responds to calls for tighter safety rules.

Billions of dollars are riding on how these rules are written, and lobbyists from the railroads, tank car manufacturers and the oil, ethanol and chemical industries have met 13 times since March with officials at the White House and the Pipeline and Hazardous Materials Safety Administration.

Read the complete story at the Seattle Post-Intelligencer.

The San Luis Obispo Annual Union Pacific Railroad Barbecue will be held Saturday, August 2, at 1 p.m. at Cuesta Park, located at 2400 Loomis St.
This barbecue is a joint event sponsored by UP, SMART Transportation Division Local 98 at San Luis Obispo and SMART Transportation Local 240 at Los Angeles.
All current, former and retired UP employees are invited.
Local 240 Chairperson Harry J. Garvin Jr. said that the barbecue has been organized by former Local 98 Secretary & Treasurer Leo Bunting for the past four years and about 75 to 100 people attend each year.
All attendees are asked to bring a dessert to share.

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Szabo

Federal Railroad Administrator Joseph C. Szabo spoke to attendees at the First Transportation Division Convention of the International Association of the Sheet Metal, Air, Rail and Transportation Workers in San Diego, Calif., July 1, 2014. His speech, as prepared, is below.

Good morning, everyone. It is great to be here with you today.

I am joined by Bob Lauby, FRA’s Chief Safety Officer, and Mike Lange, our chief track inspector here in California. I’d like to acknowledge all of our inspectors at FRA for the tremendous job they do every day to keep all of you safe, and to achieve higher levels of safety.

I know I say this every time I see you all of you: But five years into this job, I still am incredibly humbled to be the first FRA Administrator to have come out of the ranks of rail labor.

A while back, I was looking at some old safety statistics from 1967, the year the Federal Railroad Administration was formed. And what I saw – back then in 1967 – a rail worker was killed on the job nearly every other day.

Think about that: nearly one employee on-duty fatality every other day.

People with families. People who worked hard every day to move this nation’s freight and economy, and get travelers to jobs and other places. People like us – one of them not going home every other day.

And, if you think about it, at that time there were no guarantees that this industry, and these jobs, would continue being there in the future.

When I hired out in 1976, one-third of the nation’s railroads were in bankruptcy; one- third were on the edge of bankruptcy; and the remaining third were barely making a profit.

Conditions were so bad, we had standing derailments. The tracks would simply give out beneath cars sitting in the yard.

While on-duty injuries and fatalities continued to occur at a frightening pace, rail was a dying mode: rapidly losing freight to trucks and passengers to air and auto.

Thankfully, this great union has always lived by the motto that working men and women – when united together – have great power to make positive change.

Rail workers have fought through difficult conditions, and through years when funding for Amtrak and commuter rail was threatened to be cut, if not outright eliminated.

And an industry has emerged from that struggle that is now uniquely positioned to help our transportation system move more people and more goods as we grapple with climate change – an industry that is stronger and is safer.

In 2013, the number of rail workers killed on the job – instead of one every other day – was down to approximately one a month. Still too many, but a remarkable improvement.

And so far in 2014 we’ve only had two fatalities in the first six months. Yet again, remarkable improvement.

Train accidents have decreased to new lows for five straight fiscal years now, part of a nearly 50 percent reduction since Fiscal Year 2004. During that time, employee fatalities have declined by 59 percent.

Amtrak is now the nation’s fastest-growing major travel mode, with ridership records set in 10 out of the last 11 years.

And the freight rail industry is now in a better position than ever to meet the nation’s growing transportation needs.

But I’m not satisfied with any of this – not even close. Because that was still 14 unnecessary deaths in 2013 – and two so far in 2014.

And, while record investments have been made in passenger rail during this Administration, we have yet to succeed in our goal of securing predictable, dedicated rail funding: the resources we need for rail to achieve parity with other modes of transportation.

As we look towards the year 2050, we know freight railroads are going to play a growing role in moving more than 4 billion more tons of freight across the network, and a much greater role in meeting this nation energy’s needs.

So we have to work harder than ever to create a framework that will ensure these goods move safely, reliably and efficiently. We have to drive continuous safety improvement, protect communities, and see that every railroader goes home safely.

This is what President Obama, Secretary Foxx, and I are all fighting for.

And that is why we recently sent to Congress a bill that will tackle these challenge.

It is called the GROW AMERICA Act.

As the title implies, the GROW AMERICA Act will grow federal investments in all surface transportation modes – including rail – and it will advance safety.

For all of you, that means a safe workplace, and job growth.

GROW AMERICA will provide FRA with $19 billion in funding to advance a high- performing freight and passenger rail network and advance rail safety.

But it does even more.

For the first time ever, rail will achieve predictable, dedicated funding – like all other transportation modes – and allow it to grow as a safe, cost-effective, environmentally friendly, and efficient way to move people and goods.

Let me talk about the rail development side of our proposal.

GROW AMERICA will invest in both a Current Passenger Rail Service Program – meeting Amtrak’s needs – and a Rail Service Improvement Program to allow the system to grow.

The Current Passenger Rail program will fully fund Amtrak: ensuring a state of good repair system-wide, replacing obsolete equipment, and bringing stations into compliance with the Americans with Disabilities Act.

To continue the development of a high-performing passenger rail network, the Rail Service Development Program will provide grants to build new corridors – with service levels and speeds targeted to the market – improve existing corridors, and address chokepoints that delay passenger services.

To enhance safety, communities will be eligible for grant funding for projects such as rail-line relocation efforts, and grade-crossing improvements, and projects that seal off corridors by building over-passes and underpasses – things that create a safer operating environment.

And GROW AMERICA will enable us to both improve and expand rail options while driving continuous safety improvement.

New records in safety have not been achieved by mistake. They are due largely to railroad workers’ individual and collective commitment to safety – and to the success of FRA’s data-based oversight and enforcement program.

But human error continues to be our most vulnerable safety area, contributing to nearly 40 percent of accidents last fiscal year.

And there are limits to what our data-driven oversight and enforcement program can achieve. This was proven by the series of accidents on Metro-North and the tragedy with the crude oil train in Quebec.

In neither case did the data indicate an imminent tragedy.

This means we need to continue to empower you to undertake honest yet non-punitive assessments of human factors – the goal being to truly understand root causation.

Ultimately, these proactive approaches to safety, overlaid above our traditional oversight and enforcement program, is how we’ll reach the next generation of safety.

And GROW AMERICA supports this evolution.

For one, our proposal calls for a nationwide rollout of the Confidential Close Call Reporting System: a partnership between FRA, labor, and the carriers that our Risk Reduction Program Division has been testing through a series of pilot projects.

It allows us to learn from mistakes that were close calls instead of accidents – and take corrective actions before any harm occurs.

It is an important turn away from the old culture of waiting for an accident
to happen, then punishing an employee for being human.

So far, our pilot projects have had remarkable results, including a 70 percent reduction in certain types of accidents and a 90 recent reduction in discipline. Just as important, it has developed a positive and proactive safety culture.

GROW AMERICA will reduce confusion and create a safer working environment by harmonizing railroad operating rules in terminals with multiple operations.

And – critically – it will give us authority to establish new hours-of-service regulations that are based on fatigue science.

That way, we can address what all of us know is the root cause of fatigue for over-the- road freight train crews: those unpredictable work schedules.

The time for meaningful action, to prevent work fatigue, and to require more predictable work schedules, is now.

There are two others areas of safety I want to talk about that are not covered by the GROW AMERICA Act, but that are very important.

The NTSB has made multiple recommendations regarding the use of inward- and outward-facing cameras in controlling locomotives.

And we recently asked the Railroad Safety Advisory Committee – which your union is a part of – to develop standards that ensure these devices are used to enhance safety and not as a tool to discriminate or violate employee privacy.

I know what can happen every day out on there on the property. I’ve been that union officer who was subject to “special attention” by an overly aggressive supervisor. I’ve walked in those shoes.

So I’ll repeat what I said to the committee, which is: we owe it to everyone – the public and rail workers – to get this right. And I know we can.

Some of you are involved in the transport of significantly higher volumes of crude oil.

In partnership with the Pipeline and Hazardous Materials Safety Administration, or PHMSA, FRA is examining the entire system for the safe delivery of crude oil.

There is not one silver bullet to solve this complex problem. It requires a comprehensive approach to evaluate risk and develop effective strategies to mitigate that risk.

As part of that, it is a fundamental premise of safety – and a tenet of the design of fail- safe systems – to never allow a single point of failure.

Safety science speaks repeatedly to the need for appropriate redundancy.

As you know, after the accident in Lac Megantic, Canada, we called the Railroad Safety Advisory Committee together for discussion on the subject of single-person crews.

But the Secretary made clear to me — the working group would either reach consensus by April 1, or FRA was to use its authority to move forward with a regulation on its own.

As you know, after six months of deliberations, the RSAC did not reach a consensus on this issue. But, as expected, we learned a great deal from the stakeholders.

The point I’m trying to make is, we understand the challenges, opportunities and potential effects of regulations – and have a responsibility to all parties to get this right.

It cannot be about job preservation, but must be solely driven by ensuring safety.

And so, we look forward to putting out proposed rulemaking language that is soundly developed, well-reasoned and balanced. And we look forward to your continued input during the comment period.

This union has supported its members and helped to build a safer, stronger industry. The next generation of railroaders – in many ways – will have you to thank.

And I think, the next generation of railroaders, looking back on this time, will say: “this is when we changed the conversation.”

Five years ago, there was no passenger rail development program, and we were just beginning to move forward with Rail Safety Improvement Act mandates that are now starting to lead an evolution in railroad safety culture.

But rail still has yet to achieve funding parity with other modes. And regarding safety, the loss of even one rail worker is just one too many.

The ideas we are fighting for in GROW AMERICA will move us forward. This is where we go beyond changing the conversation to changing history.

So I need all of you to get involved in this issue.

I need you raising your voices in unison – through your union – to let Congress know what this could mean for rail safety, for our nation’s economy, and for jobs.

So, look out for each other out there. Take no shortcuts in your duties and continue to be engaged in peer-to-peer efforts like SOFA and Confidential Close Calls reporting.

As we grow the role rail will play in moving people and goods, you have the power to continue to raise the professionalism of this industry; to ensure dignity and respect for craft employees by supporting a culture change in this industry; and, to create a safer operating environment.

And if Congress supports GROW AMERICA – together – that’s exactly what we’ll do. Thanks so much.

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SMART Transportation Division President John Previsich and Vice President John Lesniewski listen to a speech by Federal Railroad Administrator Joe Szabo at the First SMART Transportation Division Convention July 1.

scales_gavelIn cases brought by the law firm of Schlichter, Bogard & Denton, LLP of St. Louis on behalf of injured railroad workers, two courts have ruled favorably to workers that FELA judgments are not subject to tax withholding under the Railroad Retirement Tax Act (RRTA).

The Missouri Supreme Court in Mickey v. BNSF Railway Co., No. SC93591 (July 8, 2014), available here, stopped a trend of state supreme court rulings that had held FELA judgments for injured railroad workers received less than the full amount the jury awarded them.

In a detailed opinion, the Missouri Supreme Court explained that the contrary decisions of the Nebraska and Iowa courts were based on an incomplete analysis of the law, and that under a proper analysis of the law FELA judgments are not subject to tax withholding, but must be paid in full.

This decision comes one day after the United States District Court for the Eastern District of Missouri also ruled that FELA judgments are not subject to RRTA taxes (Cowden v. BNSF Railway Co., No. 08-1534, Doc. 289 (E.D.Mo. July 7, 2014)).

The decisions in Mickey, which involved a BNSF railroad employee from St. Louis, Mo., and Cowden, which involved a BNSF railroad employee from Springfield, Mo., (both of which were handled by Schlichter Bogard & Denton) should end the railroads’ recent attempts to short-change employees of the personal injury damages juries have awarded them with this now twice-repudiated, tax argument.

Employees of Bay Line Railroad based in Panama City, Fla., voted July 2 for representation by the SMART Transportation Division, Organizer Rich Ross reports.

Of 17 eligible voters, 10 voted for SMART while three voted for no union.

“I thank CSX and Norfolk Southern new-hire class instructor Justin Humphries and Local 1291 Chairperson Jacob Lane for all of their hard work in this campaign,” Ross said. “I also want to recognize the efforts of Cara McGinty at the Transportation Division Headquarters in North Olmsted, Ohio. She truly put a lot of time and energy in bringing this organizing drive to a successful conclusion.”

Bay Line Railroad is a 103-mile short line freight railroad that interchanges with CSX Transportation and Norfolk Southern. Commodities transported by the carrier include aggregates, brick and cement, chemicals, coal, food and feed products, forest products, metallic ores and minerals, and steel and scrap. It was acquired by Genesee & Wyoming in 2005.

A potential strike by the unions representing Long Island Rail Road workers would be a “terrible failure by both the unions and the MTA,” Gov. Andrew Cuomo said in a statement Wednesday.

MTA Chairman Thomas Prendergast was in Washington on Wednesday to meet with the state’s congressional delegation assessing the chances of Congress intervening and attempting to stop a potential strike. But when the meeting concluded, members of the delegation said congressional delegation was unlikely, according to multiple reports.

Read the complete story at www.lohud.com.

International Association of Sheet Metal, Air, Rail and Transportation Workers General Secretary-Treasurer Joseph Sellers has announced the following important deadlines for the union’s First SMART General Convention Aug. 11-15 in Las Vegas.

Duplicate credentials must be mailed to the office of the general secretary-treasurer at 1750 New York Ave., Washington, DC 20006 no later than Tuesday, July 15.

Amendments and resolutions by union locals or councils must be submitted separately by subject matter in resolution form and filed in triplicate with the general secretary-treasurer’s office no later than Friday, July 11.

Online registration for all delegates and guests must be completed by July 15 at http://www.cvent.com/d/z4qs82.

The deadline for making hotel reservations at Caesars Palace in Las Vegas is Monday, July 21. Delegates and guests should call (866) 227-5944.

View the memorandum from General Secretary-Treasurer Sellers here.

 

In June, U.S. Class Is originated 1,177,655 carloads, up 3.6 percent compared with June 2013’s total, according to the Association of American Railroads (AAR).

U.S. carloads averaged 294,414 per week – the highest weekly average for a June since 2008, AAR officials said in a press release. Monthly carload growth averaged 4.9 percent from March through June, the highest average for any four-month period since December 2010 through March 2011, they said.

Read the complete story at Progressive Railroading.

The Transportation Trades Department of the AFL-CIO issued the following statement on the train accident in Lac-Megantic, Quebec, that happened one year this week:

This week marks the one year anniversary of a tragic rail accident – a runaway train carrying 72 cars of crude ran into Lac-Megantic, Quebec killing 47 people and demolishing an entire town. While millions of carloads and containers traverse the country safely each year, too many accidents have occurred lately both in the freight and passenger sector. While the causes of these accidents vary and many investigations are ongoing, what is known is that more must be done to ensure that rail transportation is as safe and secure as possible for employees and the public.

For starters, too many rail workers, especially those responsible for operating trains and maintaining safety-sensitive equipment, are forced to report to work tired and fatigued. TTD has long called for federal rules to be changed to ensure that employees are given proper notice of when they will need to report to work and predictable schedules so that adequate rest can be secured.

Congress must also step in to stop rail companies from only “counting” certain hours that signal employees work as a way to get around federal rules limiting on-duty time. Let’s just say that there are some rail executives using creative calculating when it comes to adding up “covered work.” The problem is that this isn’t a game, and it is jeopardizing safety.

Congress must also adopt a mandated minimum crew size for freight train operations. Last year’s accident in Lac-Megantic, caused by a train that was operated by a single crew member, is a tragic reminder of the dangers posed by risky one-person rail operations. A freight train is massive – up to 19,000 tons and a mile and a half long – that simply should not be operated by one individual, especially given the myriad operating rules and regulations that must be followed. And while two-person crews are the norm on U.S. freight lines, crew size is often an issue determined by collective bargaining rather than federal mandate. Safety should not be bartered at the negotiating table. And by the way, the public agrees with us on this, with a series of polls showing that up to 9 out of 10 Americans believe #2crewtrains should be a national standard.

Fortunately, some lawmakers are taking steps to address rail safety. Reps. Rosa DeLauro (D-CT), Jim Himes (D-CT), Elizabeth Esty (D-CT) and Sean Patrick Maloney (D-NY) introduced legislation (H.R. 4576) earlier this year that mandates predictable and defined work and rest schedules and Congressman Michaud (D-ME) introduced a bill (H.R. 3040) requiring a minimum crew size for freight trains. We also applaud the Department of Transportation and its Federal Railroad Administration for moving on a new proposed rule on two-person train crew requirements. Strong federal action is needed because we know from experience that the rail lobby will dismiss and downplay these dangerous operating practices.

In addition, first responders require the necessary tools and training to effectively respond to rail accidents, particularly those involving hazardous materials. Domestic oil production has boomed and the amount of crude oil being shipped by rail has increased 70-fold in the last decade. Despite that fact, many firefighters receive an inadequate level of training that does little more than teach them to call for help in the case of a hazardous materials incident. Congress must direct adequate resources to states and localities for first responder training but also ensure that the level of training is sufficient.

This week’s anniversary of the tragedy in Lac-Megantic is a glaring reminder that it’s not just the workers on these trains that are endangered by unsafe rail industry practices. The neighborhoods and cities through which these trains travel should care just as much. Congress and the Administration must take strong, immediate action to close gaps in rail safety that expose too many to unnecessary risks.

MISSOULA, Mont. – Boeing is deciding what to do with six new commercial airplane bodies that fell off a train in western Montana, including three that slid down a steep riverbank, a company spokeswoman said Monday.

Experts from Boeing Co. and Spirit AeroSystems, which built the fuselages, are at the site of Thursday’s derailment on the Clark Fork River about 50 miles west of Missoula, Boeing spokeswoman Dina Weiss said in a statement.

Read the complete story at the Associated Press.