A feed company whose truck rolled down a hill and crashed into railroad tracks in Cimarron, Kan., in March 2016 has admitted fault and avoided a trial on the matter.
This aerial view provided by the Kansas Highway Patrol in March 2016 shows derailed cars from the Southwest Chief. Amtrak’s Southwest Chief derailed on those same tracks about 15 hours later, and 28 people aboard the Los Angeles-to-Chicago train were hurt. The Associated Press reported that Cimarron Crossing Feeders said in a court filing that an employee was negligent in not setting the truck’s brake, allowing it to roll. The National Transportation Safety Board determined last November that the probable cause of the derailment was that driver’s failure to properly secure his unattended truck, which struck the BNSF railroad tracks and caused them to misalign. NTSB also ruled the failure of the truck’s driver and his supervisor to report the incident to local authorities was a contributing cause in the accident.
UnitedHealthcare has announced that enrollment is open under Group Policy GA-23111. From November through December 2018, any individual who is eligible for coverage under one of the GA-23111 plans can enroll and will be accepted for coverage without any medical underwriting or requirement of good health. This includes family members who may not already be covered by the policy. There are no limitations for pre-existing conditions, and coverage will be effective Jan. 1, 2019. Only applicants whose completed enrollment forms are postmarked in November or December 2018 will be considered for enrollment. This enrollment is for former railroad employees (and their dependents) who:
Were previously covered under any railroad health plan and were represented by a railway labor organization, or
Were members in accordance with the constitution or bylaws of one of the participating railway labor organizations when coverage under their applicable group health plan ended.
Open enrollment under Plan F is available for railroad employees’ parents or parents-in-law who are eligible under Medicare. For persons eligible for Medicare, call 800-809-0453 for more information. For persons not eligible for Medicare, call 800-842-5252 for more information. To get an enrollment form, visit www.yourtracktohealth.com and follow the “Plan Your Retirement” link at the top of the home page, then visit “Essential Forms” and then “Group Policy GA-23111 Enrollment Form.” A PDF with more information about GA-23111 is available for download. An open enrollment period for GA-23111 Plan E also is underway in November and Decemeber. GA-23111 Plan E is made available by rail labor organizations and pays 70 percent on eligible expenses of the 20 percent not covered under GA-46000, which is the Railroad Employees National Early Retirement Major Medical Benefit plan (ERMA). Combined, GA-46000 and Plan E cover 94 percent of your eligible expenses.
Plan E has a $100 calendar year deductible per individual.
Plan E adds an additional lifetime maximum amount of $500,000 for you and each enrolled dependent, which is much higher than for GA-46000 alone
Plan E has some benefits for routine and/or preventive benefits. For example, covered expenses for pap smears and mammograms are payable in full at 100 percent and not subject to the calendar year deductible. However, the charge for the office visit in connection with the preventive service is not payable under Plan E.
As families and friends gather to give thanks over this year’s holiday, let’s not forget the transportation workers who move people and cargo by road, rail and air safely to their destinations. An estimated 54.3 million travelers are hitting the road or taking to the skies in 2018 to celebrate this holiday, the most since 2005. Americans will have to endure long lines, traffic, canceled, delayed and overbooked flights and the stress that comes with those inconveniences. On the busiest travel day of the year, the true consequences of letting our national transportation system and infrastructure fall apart are made apparent. Bridges in the U.S. need replacement, transit systems need their anemic budgets revitalized for safer and more efficient travel, trains run through century-old tunnels, miles of highways remain neglected and our aviation system could use updated technology. As frustrated as travelers may feel, the men and women who keep America moving understand their concerns all too well. Transportation employees know, probably more than anyone, that this country can and must do better when it comes to making travel safe and efficient. After all, they’re the ones contending with our neglected transportation system on a daily basis. Talk to a transportation worker, and you’ll hear about more than just poor infrastructure. They’ll tell you about safety problems; obsolete, shabby and outdated equipment; fatigue on the job; and belligerent employers and passengers. You’ll hear about budget cuts that undermine safety and reliability as they try to do their jobs and also threaten good wages, benefits and the security of their jobs. You’ll also hear about dedication, hard work and responsibility. Despite all the challenges they face, the men and women who keep America moving stay focused on the needs of the people and the country they serve. The priority of America’s transportation workers is to move people and goods as safely and efficiently as possible. Many of them will give up or postpone Thanksgiving plans to accommodate the needs of the traveling public, giving their time to make sure travelers get where they want to be on this holiday. Thank you to the people who operate, maintain and build our transportation systems. Your diligence and commitment keep our journeys safe. Your service helps to make holidays, including the one we’re about to celebrate, happy and possible.
Your Track to Health today released important health and wellness information for members who have been impacted by the California wildfires. Click here to view this important information.
Executives from both Canadian National (CN) and Canadian Pacific (CP) said that they anticipate a boost in crude-by-rail traffic come springtime, Trains Magazine reports. Both CN Chief Financial Officer Ghislain Houle and CP Chief Marketing Officer John Brooks presented Nov. 13 at the Scotiabank Transportation & Industrials Conference in Toronto and said their railroads would be readying for increased oil traffic when the spring arrives and the country’s grain shipping rail traffic winds down, the magazine reported. A lack of pipeline capacity is restricting the amount of oil that can flow, and crude-by-rail traffic has ramped up to a level approaching the country’s 2014 peak of a rate of 140,000 carloads annually, the magazine reported. Data from the Association of American Railroads show that petroleum product shipments are up by more than 30 percent for both Canadian Class I carriers. The full article is available on the Trains Magazine website (subscription required).
The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $162,500 to $166,400 beginning Jan. 1, 2019. At the end of 2001, labor and management had agreed on various procedures to administer the annual changes in the amount of the lifetime maximum benefit under the ERMA Plan. In conjunction with the formula established in 2001, a new lifetime maximum was calculated by utilizing the October 2018 consumer price index (CPI) data for Hospital and Related Services and Physician Services. The result is a lifetime maximum for 2019 of $166,400. For individuals who have reached the lifetime maximum, the incremental maximum available is applied to eligible expenses submitted for dates of service on or after the effective date of the new maximum. For 2019, this amount will be $3,900. This change will apply to all railroads and crafts participating in ERMA.
The National Transportation Safety Board (NTSB) has released a preliminary report on the Oct. 4 collision of two Union Pacific (UP) trains in Granite Canyon, Wyo., that killed SMART Transportation Division Local 446 members Jason Vincent Martinez, 40, and Benjamin “Benji” George Brozovich, 39. The report states that data retrieved from the event recorder of the train indicated that an emergency brake application failed to slow the train as it descended a grade west of Cheyenne before striking the rear of a stationary train. “Normally, the locomotive would send a message to the end-of-train device to also apply the brakes with an emergency brake application,” NTSB said in the preliminary report. “According to the event recorder, the end-of-train device did not make an emergency application of the brakes. Investigators are researching the reason for the communication failure. After the engineer applied the emergency application, the train continued to accelerate until reaching 56 mph as the last recorded speed.” Positive train control (PTC) was active at the time of the accident, NTSB said. NTSB said further investigation will focus on components of the train’s air brake system, head-of-train and end-of-train radio-linked devices, train braking simulations and current railroad operating rules. Investigators will also determine if the railroad’s air brake and train handling instructions address monitoring air flow readings and recognizing the communication status with the end-of-train device, the report stated. Three locomotives and 57 cars of the striking train derailed. Nine cars of the stationary train derailed. The investigation into the collision is continuing, and a final report will be released by NTSB at a later date. Follow this link to read the preliminary report.
Ohio Assistant State Legislative Director Ralph Leichliter sent along a notice that the Ohio House of Representatives is going to begin discussions Tuesday, Nov. 13 in Columbus about H.B. 53 — yet another attempt in the Buckeye State to get Right to Work for Less legislation passed. Leichliter says that this bill aims to destroy union membership among public sector employees. “We have to get a message out to our representatives ASAP to let them know that their constituents oppose this bill. As labor advocates, it’s important to protect the collective bargaining power of all workers, and to push back against the war on unions,” Leichliter said. The primary sponsor of this attack on unions is Ohio Rep. John Becker (R – Dist. 65). To fight back, you can send a message to your state representatives using the following links: Ohio State Legislative Board HB 53 – Right to Work Legislation in Ohio Supporting Becker’s bill are 12 co-sponsors:
This is an important year for the direction of our country, and as we do on the roads and on the rails of these great United States, SMART Transportation Division will lead the way. With your vote comes the chance to shape where the future of the transportation industry will go by selecting those candidates who support issues, such as two-person crews, the safety of our bus operators and yardmaster legislation, that are important to us. Not registered? Voters in California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Iowa, Maine, Minnesota, Montana, New Hampshire, Utah, Vermont, Washington, D.C., Wisconsin and Wyoming can still register and vote today!
Before heading to the polls, see for yourself the positions elected officials in your area have taken on important issues, visit our Legislative Action Center, where you can find out your current senators’ and representatives’ voting records before you hit the voting booth.
Elections matter. Be sure to have your say about the future of your paycheck, your healthcare, your retirement and your safety on the job. For election and poll location information in your state, text “VOTE UNION” to 21333. Message and data rates may apply.
The National Transportation Safety Board (NTSB) on Oct. 30 ruled that flaws in Union Pacific’s approach to inspecting, maintaining and repairing defects on the Estherville Subdivision helped to cause a March 2017 derailment that resulted in multiple tank cars spilling undenatured ethanol in Graettinger, Iowa. A rail near a transition onto a bridge broke, causing 20 tank cars to derail in the accident that happened at 12:50 a.m. local time March 10, 2017. Fourteen of the tank cars spilled 322,000 gallons of ethanol, causing a fire that burned for more than 36 hours. Three nearby homes were evacuated as a result of the accident, which caused an estimated $4 million in damage, including the destruction of 400 feet of track and a 152-foot railroad bridge. NTSB investigators survey the March 2017 derailment of a Union Pacific train carrying undenatured ethanol in Graettinger, Iowa. During the NTSB hearing, board member Jennifer Homendy said she made a review of a decade’s worth of accident data for UP and the numbers showed one thing in common. “Every year, track defects are the chief cause of accidents with UP,” she said. Along Estherville’s 79-mile stretch, Homendy said that 102 defects of “marginal” and “poor” crossties were identified over a two-year period from 2015-17. After the carrier received the reports of rail or crosstie defects, chief accident inspector Michael Hiller said UP didn’t take enough steps to fix the problems prior to the accident. “The inspectors were going out and they were doing their inspections, and they were reporting the conditions of the tie,” Hiller said. “In many cases – more than 100, as member Homendy pointed out – there were remediation efforts, and it’s clear based on our observations post-accident that the remediation efforts restored the track back to its minimum condition that it needed to sustain traffic. “We’re looking to see that things are not just restored back to the minimum…we know that doesn’t work. If you’re finding 10 or 12 crossties in a 39-foot section of track that are defective, it’s not a good practice to go in and replace two or three just to restore the track.” Also contributing to the accident was what NTSB described as “inadequate oversight” on the part of the Federal Railroad Administration (FRA). While FRA inspectors raised the carrier’s attention to track defects — the agency had just initiated a compliance agreement in late 2016 as a result of a fiery oil train derailment in Mosier, Ore. — and some action was taken, Hiller said not all enforcement measures, such as civil penalties, were used. NTSB investigators also noted that FRA inspectors neglected to report some defective crosstie conditions. After the Graettinger accident, Hiller said that the carrier has shown “very good response” to reports of tie defects and maintenance and has performed twice-weekly inspections on the subdivision in a post-accident agreement with FRA. However, the NTSB did note that there was one week where the carrier inspected the subdivision only once. “The extent of post-accident actions, while welcome, hints at the inadequacy of UP’s pre-accident maintenance and inspection program,” NTSB Chairman Robert Sumwalt said. “The railroad is supposed to look for and fix unsafe conditions as a matter of course.” Finally, the use of U.S. DOT 111 tanker cars to transport the ethanol also worsened the environmental impact of the accident, investigators said. Hiller said that 10 of the 14 tankers that breached met old DOT 111 specifications “identified as having a high probability of releasing hazardous materials.” DOT 117 specifications established by the Pipeline and Hazardous Material Safety Agency (PHMSA) add reinforcement and other design features to cars transporting both crude oil and ethanol. “The tougher design would have prevented the release,” Sumwalt said. FRA identifies ethanol as the most hazardous material that is transported by rail in the United States. The denaturing process adds toxic compounds to make it unfit for human consumption and also lessens the tax burden for the carriers transporting it because it is not a beverage. In the Graettinger accident, the ethanol was undenatured, meaning that the toxins were not added to the alcohol being transported. “This seems to have had a beneficial effect on safety,” Sumwalt said. “Investigators found milder damage in this accident than in previous accidents with the same type of tank cars, but those involved denatured alcohol.” It was suggested that a safety benefit might be achieved by getting rid of denaturants when transporting ethanol. “Never before have I seen a regulation to make a hazardous material more hazardous,” Robert Hall, an expert in hazardous materials transport, said of the denaturing process. “It doesn’t make sense.” A May 1, 2023, regulatory deadline has been set for all DOT 111 tank cars that carry ethanol to be changed over or retrofitted to meet the higher DOT 117 standards. In order to achieve that deadline, about 350 tank cars per month must be changed over.
Recommendations
At the hearing, NTSB issued three new safety recommendations and reiterated one safety recommendation to the FRA, PHMSA and UP. They address training on safety standards and available enforcement options for federal track inspectors, the need for research to determine if safety would be improved by transporting ethanol in an undenatured state, and the need for Union Pacific to re-examine track maintenance and inspection program standards on all routes carrying high hazardous flammable materials. “The recommendations just issued, if acted upon, will result in better training for FRA track inspectors and clear guidance involving available enforcement options,” Sumwalt said. “They will result in UP re-examining its track maintenance and inspection program standards. Today’s recommendations will result in research by PHMSA into whether alcohol — ethanol — should be transported in an undenatured state and furthermore, a recommendation first issued in 2015 and reiterated today will result in progress milestone schedules for the phasing out of the DOT 111 tank cars for ethanol service by 2023, if acted upon. “Otherwise, we risk a so-called sudden realization that isn’t sudden at all. We could have seen this train coming down the track.” NTSB’s report states alcohol or drug use, and cell phone use were not factors in the accident, nor was the mechanical condition of the train, the performance of the train crew or the emergency response a factor. The full report will be available on the NTSB website when finalized.
The lifetime maximum benefit for the Railroad Employees National Early Retirement Major Medical Benefit (ERMA or GA-46000) Plan will increase from $162,500 to $166,400 beginning Jan. 1, 2019.
The National Transportation Safety Board (NTSB) has released a preliminary report on the Oct. 4 collision of two Union Pacific (UP) trains in Granite Canyon, Wyo., that killed SMART Transportation Division Local 446 members Jason Vincent Martinez, 40, and Benjamin “Benji” George Brozovich, 39.
With your vote comes the chance to shape where the future of the transportation industry will go by selecting those candidates who support issues, such as two-person crews, the safety of our bus operators and yardmaster legislation, that are important to us.