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bus_frontWASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) March 13 announced a proposal to require interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work.

The proposed rulemaking would significantly reduce the paperwork burden associated with hours-of-service recordkeeping for interstate truck and bus drivers – the largest in the federal government following tax-related filings – and improve the quality of logbook data.

“Today’s proposal will improve safety while helping businesses by cutting unnecessary paperwork – exactly the type of government streamlining President Obama called for in his State of the Union address,” said Transportation Secretary Anthony Foxx. “By leveraging innovative technology with Electronic Logging Devices, we have the opportunity to save lives and boost efficiency for both motor carriers and safety inspectors.”

The proposed rule will ultimately reduce hours-of-service violations by making it more difficult for drivers to misrepresent their time on logbooks and avoid detection by FMCSA and law enforcement personnel. Analysis shows it will also help reduce crashes by fatigued drivers and prevent approximately 20 fatalities and 434 injuries each year for an annual safety benefit of $394.8 million.

“By implementing Electronic Logging Devices, we will advance our mission to increase safety and prevent fatigued drivers from getting behind the wheel,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “With broad support from safety advocates, carriers and members of Congress, we are committed to achieving this important step in the commercial bus and truck industries.”

The Supplemental Notice of Proposed Rulemaking, which was sent to the Federal Register to publish on March 12, supersedes a prior 2011 Notice of Proposed Rulemaking related to electronic on-board recorders. It includes provisions to:

  • Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers. Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and post-crash investigations.
  • Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-of-service violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety. The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.
  • Increase efficiency for law enforcement personnel and inspectors who review driver logbooks by making it more difficult for a driver to cheat when submitting their records of duty status and ensuring the electronic logs can be displayed and reviewed electronically, or printed, with potential violations flagged.

In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and other statutes.

Impaired driving, including fatigue, was listed as a factor in more than 12 percent of the 129,120 total crashes that involved large trucks or buses in 2012.

New federal regulations designed to improve safety for the motoring public by reducing the risk of truck driver fatigue took effect on July 1, 2013: http://www.fmcsa.dot.gov/about/news/news-releases/2013/fmcsa-40-13.aspx.

On Aug. 1, 2013, the Obama Administration announced another proposal to eliminate a burdensome daily paperwork requirement for professional truck drivers, daily vehicle inspection reports, and reduce costs to the industry by an estimated $1.7 billion annually while maintaining safety standards: http://www.fmcsa.dot.gov/about/news/news-releases/2013/FMCSA-46-13.aspx.

For more information on the Supplemental Notice of Proposed Rulemaking on Electronic Logging Devices, see: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=475.

Morr, Bonnie.2011
Morr

By Bonnie Morr, 
Vice President, Bus – 

In December, I attended a school bus summit in Washington hosted by the Transportation Trades Department of the AFL-CIO. Though the topics of discussion centered around school bus issues, many were pertinent to our global bus community.

Whether we are operating a tour bus, transit bus, school bus, van or shuttle, we are dealing with the same types of management and the same problems, concerns and health issues.

The one topic that really stirs my gut has to do with the practice of privatization. Privatization involves handing over control of public functions to private companies. The government pays a contractor to provide public services. Often, the contractors are foreign entities. Our tax dollars, that are used to fund public transit – rail or bus – that fund school bus systems and special-service transportation, are now going offshore. These contractors are running operations here and are doing it for a profit. How are they making a profit? Off of the backs of labor – by cutting wages and benefits. That’s how.

Our own tax dollars are being used to cheapen our labor, lowering the standard of living for our families and causing harm to our future and the futures of our sons and daughters. This is wrong – very wrong. We must have legislation that compels any company receiving one cent of public money to protect the employees and their families by providing decent wages and health benefits. And when they make a profit, so should the worker. Not one tax dollar should be used against the people that pay the taxes.

Through the American Recovery and Reinvestment Act, Congress and the Obama Administration have provided transit agencies with opportunities to replace and expand vehicle fleets, restore and modernize aging infrastructure, and engage in procurements that had been deferred or cancelled due to the current economic situation. The goal of that act was to ensure that these purchases “preserve and create jobs and promote economic recovery.” Let’s apply the same principle to our service jobs and keep our tax dollars from going overseas. Let’s stop outsourcing our service jobs to foreign companies. It is time for our legislators to get to work on what is in the best interest of the American people.

The Metro-North Railroad has fallen prey to a “deficient safety culture” that prizes on-time performance at the expense of protecting riders and workers, according to a blistering federal review that was ordered after a spate of rail disasters.

The review, from the Federal Railroad Administration, found that the commuter railroad’s operations control center pressured workers “to rush when responding to signal failures,” and that workers struggled to secure the track time needed to perform essential repairs.

Read the complete story at The New York Times.

SMART Transportation Division National Legislative Director James Stem testified March 12 before the U.S. House of Representatives Subcommittee on Environment and the Economy.

The subcommittee’s hearing was held in regard to Senate Bill S.1009, the Chemical Safety Improvement Act, which would amend the Toxic Substances Control Act (TSCA) to establish an evaluative framework for chemical risk assessment and management.

Representing thousands of men and women working as railroad employees, who transport thousands of tons of of chemical products each day, Stem offered the subcommittee the union’s assistance in crafting effective, bipartisan reform of the nation’s chemical safety law.

Stem’s complete testimony is below:

“Chairman Shimkus, Ranking Member Tonko and members of the subcommittee:

“Thank you for inviting me to testify at the hearing today on the Chemicals in Commerce Act, the CICA. Currently the CICA is a discussion draft and we appreciate this opportunity to offer input at this stage of the process.

“My name is James Stem. I serve here in Washington as the National Legislative Director of the Transportation Division of the Sheet Metal, Air, Rail, Transportation Workers. We were formerly the United Transportation Union before we completed our merger with the Sheet Metal Workers in 2011. We represent the thousands of men and women who are working as railroad employees today. Each day these employees safely move thousands of tons of a variety of chemical products that are requested by local businesses and local government bodies throughout our country.

“I wish to commend the Subcommittee for its work on CICA, which aims to modernize and strengthen the Toxic Substances Control Act of 1976 (TSCA) as you continue to refine this draft. As you know, our union and others have already voiced support for the Senate’s effort to modernize and strengthen TSCA through S. 1009, the Chemical Safety Improvement Act. We commend the balanced, bipartisan approach taken by the Senate, and will support that approach in the House as you work to formally introduce the CICA. We are eager to work with you to help pass bipartisan TSCA reform in 2014. Since this is a discussion draft and not a bill, my testimony will address the needed reforms to the TSCA of 1976, which is the goal of all of us gathered in this room.

“Modernizing TSCA takes on new urgency as our American chemical industry prepares to make major investments in U.S. production facilities in the wake of the natural gas boom. The industry has announced over $100 billion in planned U.S. investments that will not only use domestic natural gas to make products but also put our American people to work. The U.S. chemical industry will generate tens of thousands of new American jobs in manufacturing, construction, energy infrastructure, technology, transportation and additional research and development. The industry already provides 800,000 well paid U.S. jobs and indirectly supports millions more. The substantial tonnage of chemical shipments on the nation’s freight railroads helps to support good railroad jobs. Exporting thousands of tons of chemical products manufactured in this country by American workers is not a dream, but a realistic appraisal of the opportunities on the table today.

“Transporting the needed chemical products that our U.S. manufacturing sector requires from the chemical production facilities to the final destination by rail is the safest form of transportation. Railroads have the capacity and the experienced workforce to move these products safely and efficiently without putting thousands of tanker trucks on our overburdened highways.

“We support reform that will achieve the following goals: (1) strengthen our chemical safety law to protect human health and the environment; (2) restore public confidence about the safety of chemicals in commerce; and (3) help the U.S. chemical industry innovate and grow, so it can provide good jobs. Directly and indirectly, TSCA impacts chemical safety, our economy, and the health and well-being of many workers and families. Americans in every state need to be confident in their homes, workplaces and communities that our nation’s chemical regulations are robust and working to protect them.

“The CICA in its final version will provide improvements to fix significant problems that have been encountered with TSCA:

  • For the first time, EPA will be required to systematically evaluate all chemicals in commerce – including TSCA’s “grandfathered” chemicals – and label them as either “high” or “low” priority based on potential health and environmental risks. Chemicals requiring the most immediate attention from regulators should be successfully identified for action by this process. This ranking system must be carefully crafted as the proposals move forward so that confidence in its dependability is high.
  • High priority chemicals will require EPA to perform a safety-based risk assessment. EPA must determine whether a high priority substance will result in an unreasonable risk of harm to human health or the environment under its intended condition of use. Low priority chemicals can be reclassified as high priority when necessary.
  • EPA will be able to demand more health and safety information from chemical producers and require more testing by producers.
  • EPA will be able to take timely action against chemicals found to be harmful to human health and the environment, including restrictions and phase outs.
  • EPA will delineate which chemicals are in active use and which are not, ending confusion about the actual number in use.

“These improvements will make TSCA more effective. However, we recognize that the drafting process must address additional significant issues. We support bipartisan cooperation to find solutions to the outstanding issues. For example:

  • All of us here today are aware of the state preemption controversy with regard to reforming TSCA. As a practical matter, we agree that effective national regulation of chemicals in commerce is generally preferable to state by state regulation; at the same time, states must be able to successfully address local issues and concerns in this process. A strong, uniform, and workable national law is preferable to 50 States regulating independently. This aspect will require more work and bipartisan compromise to get the needed support.
  • The need to improve protection of vulnerable populations, provide more definite timelines for action by EPA and chemical manufacturers, and ensure that confidential business information is protected, but not in a way that prevents EPA from acting to fulfill its mission.
  • Finally, as a separate but related matter, EPA must be given the resources needed to carry out the reforms.

“In closing, we thank you again for your work on this important issue and look forward to assisting your efforts to craft effective, bipartisan reform of our nation’s chemical safety law. We look forward to working with the committee to offer additional input as this process continues.”

stem_testifies_031214_web

SMART Transportation Division National Legislative Director James Stem, third from left, testifies
before the U.S. House of Representatives Subcommittee on Environment and the Economy.

railyard1-150pxWASHINGTON – The nation’s freight railroads this year project they will spend approximately $26 billion to build, maintain, and upgrade their nationwide rail network, according to an estimate released March 12 by the Association of American Railroads. Railroads also expect to hire more than 12,000 people in 2014, for jobs throughout all areas of the industry and located all across the U.S.

“This year’s projected record investments continue a decades-long trend of private railroad dollars that sustain America’s freight rail network, so taxpayer’s don’t have to,” said AAR President and CEO Edward R. Hamberger. “The result is a rail network that is the envy of the world, serving both freight and passenger railroads, and this massive private financial commitment is a demonstration of the industry’s resolve to never stop improving.”

Hamberger noted that freight railroads have invested approximately $550 billion of their own money into the rail network since 1980, including $115 billion in the past five years alone. From upgrades to bridges and tunnels to new tracks and facilities, freight rail infrastructure is constantly maintained and upgraded to meet the demands of an evolving economy. Thanks to a strong rail network infrastructure, railroads in recent years have been able to successfully meet increased demand for intermodal shipping, a booming domestic energy market and more. The industry’s investments also include implementing the latest safety technology across the rail network.

“The rail industry is committed to safety and we’re investing record amounts to implement safety enhancing technology across the network,” Hamberger said. “Railroads are working to deliver a safe, modern and efficient rail network that can reliably serve our customers and communities. And at the same time, this spending creates jobs for more American workers.”

The freight railroads estimate they will hire more than 12,000 employees in 2014, up from a projected 11,000 new hires in 2013. Company job listings can be accessed via www.aar.org/jobs.

“Freight rail is a great industry for a potentially life-long career with one of our great railroad companies,” Hamberger said. “America’s railroads also have a long history of hiring veterans, and railroad careers rank among the best for military veterans and their families.”

Tomorrow, advocates and representatives from the freight rail community will participate in Rail Day 2014, meeting with policymakers and elected representatives on Capitol Hill to stress the importance of America’s railroads to our economy. “Today’s news of record investments and steady hiring demonstrates how America’s economy rides the rails,” Hamberger said. “That’s a message we’re eager to share.”

In an effort put forth by SMART TD’s Director of Organizing Rich Ross, SMART TD brought three short lines to the fold in an election held March 4, 5 and 6.

The short lines are all owned by Genesee & Wyoming, Inc., and included: Conecuh Valley Railway, LLC, Three Notch Railroad and Wiregrass Central Railway.

“I would like to thank NS/CSX new hire Instructor/Organizer Justin Humphries for his help in this organizing effort,” Ross said.

The Conecuh Valley Railway (COEH) operates over 12 miles of track southwest from Troy, Ala., to Goshen, Ala. The COEH interchanges with CSX at Troy and handles about 3,000 carloads per year. The line transports poultry feed ingredients, plastic, lead, vegetable oil and food products.

The Three Notch Railroad (TNHR) operates over 34 miles of track southeast from Georgiana, Ala., to Andalusia, Ala. TNHR interchanges with CSX at Georgiana and handles approximately 1,050 carloads per year. The line carries chemicals, polypropylene, fertilizer and agricultural products.

The Wiregrass Central Railway (WGCR) operates 20 miles of track in Alabama, west from Waterford to Enterprise. The line intersects with CSX at Waterford and handles around 8,200 carloads per year, carrying poultry feed ingredients, peanut products and seed.

Amtrak LogoWASHINGTON – During 2014, Amtrak plans to move forward on key improvement projects, including continued installation of positive train control safety technology, the start of major construction to upgrade Northeast Corridor high-speed rail and expansion of station accessibility for passengers with disabilities.

“With limited federal capital funding we are doing the work that needs to be done to keep the railroad operating and taking action where we can to achieve safety, operational and passenger travel improvements,” said President and CEO Joe Boardman. “However, to truly realize the mobility and economic benefits offered by passenger rail, there must be dedicated federal funding to support a multi-year planning and construction program.”

In 2014, Amtrak is continuing its aggressive program to install PTC on an additional 1,200 track-miles beyond the approximately 530 track-miles where it is already in operation on some Amtrak-owned sections of the Northeast Corridor and all of its Michigan Line. Amtrak is also taking action to obtain needed radio spectrum to transmit data critical to make PTC operational in the new areas. PTC safety technology can control train movements to prevent train-to-train collisions, derailments caused by excessive speed and certain human-caused incidents such as misaligned track switches. Amtrak is on target to meet a 2015 federal deadline.

In 2014, Amtrak is beginning major construction activities on a 23-mile section of the Northeast Corridor between Trenton and New Brunswick, N.J., to increase top train speeds to 160 mph from 135 mph and improve reliability along this heavily used section. The project will upgrade track and various elements of the electrical and signal systems to support the higher speeds and reconfigure track switches at Penn Station New York to mitigate congestion issues.

In 2014, Amtrak will advance its Accessible Stations Development Program with continuation of existing construction work at eight stations in three states and new construction activities at 21 stations in eight additional states. In addition, necessary ADA-related design work will be completed for 61 stations in 20 states.

Amtrak will also move forward in 2014 on other infrastructure projects including: various planning elements of the Gateway Program to expand track, tunnel and station capacity between Newark, N.J., and Penn Station New York; ongoing construction of a concrete casement through the Hudson Yards commercial development project to preserve a possible pathway for a future Hudson River Tunnel into Manhattan; and design work for replacing major Northeast Corridor and century-old assets such as the Susquehanna River Bridge (Md.), the Pelham Bay Bridge (N.Y.), the Connecticut River Bridge (Conn.) and the B&P Tunnel (Md.).

By the end of its 2014 maintenance program, Amtrak expects to install or replace nearly 165,000 cross ties, 23 miles of rail, and several dozen track switches, turnouts and interlockings. The railroad is also upgrading numerous sections of its electrical and signal systems along the Northeast and Keystone Corridors, and performing various maintenance projects on property it owns in Chicago, New Orleans and elsewhere in the country.

In addition, Amtrak forces will perform significant work as part of state-led projects to upgrade tracks and signal systems between Kalamazoo and Dearborn, Mich.; Poughkeepsie and Albany, N.Y.; and New Haven, Conn., and Springfield, Mass.

hersman_deborah
Hersman

ITASCA, Ill. – The National Safety Council (NSC) announced March 11 the appointment of Deborah A.P. Hersman as the president and CEO of the 100-year-old organization chartered by Congress to prevent unintentional injury and death. Hersman, who is currently the chairman of the National Transportation Safety Board (NTSB), will be joining NSC at its headquarters in Itasca, Ill., in suburban Chicago.

“Debbie is a recognized leader in safety, with a frontline understanding of the value of protecting human life through thoughtful attention and management of risk,” said Jeff Woodbury, chairman of NSC board of directors. “Her proven leadership and expertise made her the ideal candidate to take the Council successfully into its second century.”

Hersman is acknowledged as a visionary and passionate safety leader who advocates for safety across all modes of transportation. At NTSB, the preeminent accident investigation organization, she has been on-scene for more than 20 major transportation accidents, chaired scores of NTSB hearings, forums and events, and regularly testifies before Congress.

Hersman was first appointed as a NTSB board member by President George Bush in 2004 and was reappointed to two additional five-year terms by President Barack Obama in 2009 and 2013. She was appointed chairman by President Obama in 2009, 2011 and 2013, with unanimous Senate confirmation votes. Previously, Hersman was a senior advisor to the U.S. Senate Committee on Commerce, Science and Transportation from 1999-2004 and served as staff director and senior legislative aide to former U.S. Rep. Bob Wise (D.-W.Va.) from 1992-1999.

Hersman has appeared at past United Transportation Union regional meetings as a guest speaker.

“I am thrilled to have the opportunity to lead an organization dedicated to saving lives and preventing injuries,” said Deborah Hersman. “The National Safety Council vision of ‘making our world safer’ has the potential to improve every workplace, every community and the way we travel every day.”

railyardA short quiz for you. If you had anything to do with the safe movement of a 10,000 ton freight train, does it make sense for you to routinely show up to work tired? Hint: NO.

That’s the problem we have today in the freight rail industry. Too many tired employees are involved in operating trains and maintaining electric signal systems. But there are solutions: curb the unpredictable work schedules and hours worked and end the practice of gaming the rules on how railroads “count” the hours worked by their signal employees.

So here’s a quick glimpse into the tired lives of members of the two TTD affiliates that are leading the charge for common sense reforms – the SMART Transportation Division and the Brotherhood of Railroad Signalmen.

Although current rules limit a work shift to 12 hours and mandate 10 hours of undisturbed rest after a shift, the boss can call an employee to work at any time after that 10-hour period of rest with two hours’ or less notice. Here’s a real world example. You are a rail worker, and you have just spent the day on yard work. You finally get cleaned up, sit down to eat a hot meal, start thinking about a nap when the phone rings and you find you have less than two hours to prepare yourself for a full shift. Sound fair?

Congress and the Obama Administration need to change what are referred to as “hours-of-service” laws by moving the required 10 hours of undisturbed rest from immediately after service to immediately before service. Effectively, these workers should be given 10 hours’ notice before being expected to report for work. This gives them the predictability they need to get the appropriate amount of rest before their shift starts rather than after they leave work. Or, as an alternative, they should be assigned predictable work schedules. Neither happens today.

Signal employees face a different problem with the same outcome. At issue are definitions of “covered work.” For example, when a signalman on duty is digging a ditch in order to install a railroad signal, the time spent digging the ditch does not count toward the hours-of-service limit. Only certain work is counted. Huh? Yes, somehow in the freight rail industry digging a ditch for a signal system installation is not considered work and apparently doesn’t lead to any fatigue. This must change too.

The freight rail industry is a place where men and women can secure middle-class careers. But too often their working lives are spent in a state of chronic fatigue. If our government closes the regulatory loopholes and stops employers from using technicalities to evade or game the rules, we will have a safer freight rail industry.

 (The preceding appeared on the website of the Transportation Trades Department of the AFL-CIO.)

union_pacific_logoOMAHA, Neb. – Profiles in Diversity Journal recently recognized Union Pacific as one of the nation’s 25 Most Influential Companies for Veteran Hiring. The only railroad on the list, Union Pacific was selected for its commitment to veteran hiring, progressive reservist policies and dedication to supporting employee veterans.

“Union Pacific understands and values the skills veterans bring to the workforce,” said Roy Schroer, Union Pacific’s vice president of Human Resources. “The military instills a strong work ethic and world view that strengthens our organization at all levels.”

In 2013, Union Pacific hired more than 800 military veterans, including 95 disabled veterans. These veterans make up approximately 25 percent of all new hires in 2013. During the last five years, 24 percent of Union Pacific’s hires have been veterans, and overall, veterans comprise about 20 percent of the company’s workforce. Leadership and teamwork skills, wide-ranging areas of expertise gained during their service, familiarity with nontraditional working hours and experience working outdoors are just some of the characteristics that make military personnel a good fit with jobs at Union Pacific.

Union Pacific actively recruits veterans through its involvement with military transition offices, military education offices, reserve and National Guard units, career fairs, information sessions, employer panels, resume review assistance and by serving on local military committees and boards.

The railroad’s progressive reservist policy is one example of how Union Pacific supports its reserve, active duty and veteran employees, and their families. All employees called to active duty are compensated for any difference between military and company pay, and Union Pacific continues benefit coverage for deployed employees and their families. In addition, the employee resource group UPVETS is devoted to attracting, developing and retaining employees who are military veterans.

Union Pacific frequently is recognized for its commitment to military veterans. The company received the inaugural Hiring Our Heroes Award for Post 9/11 Veteran Employment and Internships from the National Chamber Foundation and has been named a military-friendly employer 10 times by G.I. Jobs. The company is a member of the Army Reserve’s Employee Partnership Initiative, supports the Army Partnership for Youth Success program, and is a past recipient of the Freedom Award, the U.S. government’s highest employer recognition.

Union Pacific offers many unique employment opportunities for veterans, including train crew, diesel mechanics, diesel electricians, assistant signal workers and track laborers. Engineers in the computer science, electrical, civil and mechanical areas will find leadership opportunities in the Information Technology department or through the company’s Operations Management Training Program. Interested candidates can view job postings at www.UP.jobs.