The Switching Operations Fatality Analysis (SOFA) Working Group in June issued its latest updates on switching fatalities and severe injuries for the entirety of 2017 and for the first quarter of 2018.
According to SOFA, there were three switching-related fatalities and nine amputations as a result of switching accidents in 2017. There were 68 “severe injuries,” which SOFA defines as potentially life-threatening; having a high likelihood of permanent loss of function, permanent occupational limitation or other permanent disability; likely to result in significant work restrictions and resulting from a high-energy impact to the human body.
The number of severe injuries and amputations in 2017 exceeded 2016’s totals of 47 and seven, respectively.
SOFA reported that train accident reports increased to 1,686 in 2017 over the 1,671 in 2016. However, SOFA said that human factor accidents decreased to 639 in 2017 from the 643 reported in 2016.
In the first quarter of 2018, SOFA said there were two amputations, 20 severe injuries and no switching fatalities. SOFA reported that there have been 416 train accidents and 154 human factor accidents thus far in 2018.
SOFA is a voluntary, nonregulatory railroad safety partnership consisting of representatives of SMART Transportation Division, the Brotherhood of Locomotive Engineers and Trainmen (BLET), Federal Railroad Administration (FRA), Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association (ASLRRA) that has a goal of zero switching fatalities achieved through education and nonpunitive interactions.
Click here to go to our SOFA page and read SOFA’s full reports.
Author: bnagy
The Federal Railroad Administration (FRA) ruled in favor of safe train operations in June by denying a request by Canadian National (CN) that sought a waiver allowing an extinguished intermediate signal aspect to provide a signal indication.
The SMART Transportation Division Minnesota State Legislative Board filed comments in opposition to CN’s waiver request in a letter submitted in February.
“Apparently, CN seeks to avoid the expense of repairing and improving a defective signal system rather than recognizing the importance of a red signal aspect and the information that indication conveys to a train crew,” SMART TD Minnesota State Legislative Director Phillip Qualy said in the letter. “CN’s application seeks to normalize a dangerous and non-compliant operating practice.”
FRA received numerous comments, including a joint submission by SMART TD’s National Legislative Department, the Brotherhood of Locomotive Engineers and Trainmen (BLET), American Train Dispatchers Association (ATDA), Brotherhood of Railroad Signalmen (BRS) and Brotherhood Railway Carmen Division (TCU/IAM) in opposition to CN’s request, and it was announced June 25 that FRA sided with the opposition.
“Had (CN) been successful, this would have set a precedent and been a nightmare for train crews,” Qualy said. “This denial is also a very significant application denial that is in our favor.”
Qualy said SMART TD Local 1292 Legislative Representative Dan Archambeau and Local 1067 Legislative Representative Nick Katich and others were thanked by FRA officials for bringing the issue to the agency’s attention.
Earlier in the month, FRA denied a request by the Association of American Railroads to lengthen the amount of permissible off-air time from four to 24 hours for rail brake tests.
A victory for safety was achieved in June when the Federal Railroad Administration’s (FRA) Railroad Safety Board denied a request by the Association of American Railroads (AAR) to lengthen the “off-air” restriction from four to 24 hours for required brake tests and inspections.
AAR had written to FRA in December 2017 seeking a petition for waiver, arguing that safety would not be affected and that lengthening the off-air restriction would bring U.S. requirements in line with Canada’s 24-hour off-air restriction.
However, SMART Transportation Division President John Previsich and union leaders from the Brotherhood of Locomotive Engineers and Trainmen (BLET), Brotherhood of Railroad Signalmen (BRS), American Train Dispatchers Association (ATDA) and Brotherhood Railway Carmen Division (TCU/IAM)’s letter in February urged FRA officials to deny the request.
The waiver would be unenforceable and too far-reaching, the unions argued.
“Despite the carriers’ safety assurances, the labor organizations have concerns with this far sweeping request for waiver given the fact that it will cover AAR’s entire membership,” the unions said. “To allow such a sweeping waiver request to go forward, each railroad would have to demonstrate that the cars on their railroad had state of the art brake valves, dryers and automatic moisture drainage. It is hard to imagine FRA granting such a ‘one size fits all’ waiver to each of AAR’s member railroads.”
The FRA board agreed with SMART TD and the other rail unions, with Robert Lauby, FRA Associate Administrator for Railroad Safety, saying in the agency’s June 19 denial letter that the petition was better considered as part of the rulemaking process.
The board also said that AAR failed to prove that the changes would not have an adverse effect on safety.
“Based on its review and analysis, the board concluded that granting the requested relief would not be in the public interest or consistent with rail safety,” Lauby wrote.
Lauby also said in the letter that the data provided by AAR to support its petition did not cover the variety of real-world conditions encountered while running trains.
“Absent more detailed data demonstrating that safety would not be compromised, the Board concluded that the waiver request was not justified,” Lauby said.
Time to connect!TD Connect and the eBill system are coming your way. Will you be ready?
To view the Member Variance Report for your local in WinStabs, go to Member Records > Member Report Menu > Member Variance (or Member Due/Refund in versions prior to 5.09)
| Questions Visit the S&T Tools page on the SMART TD website for guidance on getting the job done! Still not sure? Call the Field Support Help Desk at 216-227-5444. Drop-in help desk hours are 9a-5p (Central Time) M-W-F. Help desk appointments can be scheduled in advance for Tuesdays, Thursdays, weekends and evenings. Call or email fieldauditor@group.
Important dates • By June 15 — Deposit and pay CT-1 taxes (rail Locals): https://www.eftps.gov/eftps/ For more info: SMART TD guide to paying Form CT-1 taxes • By June 15 — Deposit and pay 941 taxes: https://www.eftps.gov/eftps/ For more info: SMART TD guide to paying and reporting Form 941 taxes • By June 20 — SMART TD billings due at office • July 2-4 — SMART TD Regional Meeting in Seattle, Wash. |
WORKSHOPS PLANNED IN SEATTLE
We’re mere weeks away from the first of two SMART Transportation Division regional meetings. Both the July meeting in Seattle, Wash., and the August meeting in Hollywood, Fla., will present great educational opportunities to help strengthen our union and build camaraderie among our members.
The first meeting, July 2 through 4, is at the Westin in Seattle, and informative workshops for secretaries and treasurers have been planned.
July 2
- 9 to 10:30 a.m.: A preview of the new SMART TD eBill system will be presented by Administrator Matt Dolin and Field Audit Support Coordinator Katy Andrijowych.
- 10:45 a.m. to 12:30 p.m.: Training the Local: Protecting You, Your Union and Your Local.
- 1:30 to 3:30 p.m.: A workshop on local disbursements and approval will be presented by Field Auditors John Purcell, Justin Fougerousse and Mike Araujo.
- 3:45 to 5:30 p.m.: An informational session about Railroad Retirement geared toward local treasurers will be presented by Laretta Earls-Rozelle and Melodi Sapyta.
- 3:45 to 5:30 p.m.: One-on-one assistance available on billing and member variance is available from TD field auditors.
July 3
- 9 to 10:30 a.m.: Training the Local: The roles of officers and business of unions.
- 10:45 a.m. to 12:30 p.m.: Field Auditors John Purcell, Justin Fougerousse and Mike Araujo will present on local payroll taxes and reporting.
- 1:30 to 3:30 p.m.: Purcell, Fougerousse and Araujo will hold a workshop on payroll deductions and member variances.
- 3:45 to 5:30 p.m.: Department of Labor presentation about running local elections.
- 3:45 to 5:30 p.m.: One-on-one assistance available on billing and member variance is available from TD field auditors.
July 4
- 9 to 10:30 a.m.: Training the Local — a workshop that features a mock local meeting.
- 10:45 a.m. to 12:30 p.m.: Field Auditors John Purcell, Justin Fougerousse and Mike Araujo will have a presentation about WinStabs, reconciliation and reporting.
Details about and a schedule of S&T workshops at the Hollywood meeting will be in the July edition of Making Cents. We look forward to seeing you at the workshops!
ASK AN AUDITOR
I have been having some trouble with a member transfer for almost three months. I have sent three transfer requests with no response from the other Local’s S&T. This is a member request and he has contacted me several times with his concerns why this transfer has not been handled. Can you help?
The processing of member transfers among Locals falls under the duties of the S&T but can be complicated since both S&Ts need to work together. People lead busy lives, and sometimes it’s difficult to coordinate one another’s schedules to communicate.
There are two types of transfers as described in Article 21B, Section 47 of the SMART Constitution: A 90-day transfer because of an assignment to a different craft and a member-requested transfer.
The SMART TD Guide for Maintaining Member Records and Billings, available on the S&T Tools section of the SMART Transportation Division website, goes into more detail about the procedure:
A written request must be submitted to the old Local from the member/new Local. Treasurers from both Locals should open the lines of communication to work through the request. If the transfer request is proper, the Treasurer from the old Local is to issue a T-47 transfer certificate to the new Local. (Reference pages 174-175 and 202 of the WinStabs manual for guidance on transfer requests and certificates from WinStabs.) The old Local must respond to the request in some fashion. Do not ignore transfer requests.
If the transfer request is improper, the old Local must supply the new Local with a reason for the denial. Again, communication between the Locals is key to ensure that both Locals receive the dues, assessments and premiums they are eligible for from the member. Understanding of the application of payroll deductions is essential.
Members who go to BLE are not transferred, instead their membership is suspended.
A reasonable time period to either put such a transfer through or to deny a transfer is seven days. Transfer requests should be responded to and must not be ignored.
If a transfer request is denied, the old Local must provide the new Local with a reason why it was denied. Payroll deductions shouldn’t be started by the new Local until a T-47 certificate has been received, and dues should still be collected by the old Local until the transfer request is complete.
The scenario you are describing appears to be excessive, but we have to ask whether you’ve only tried to contact the other S&T through email. Email is convenient, but it’s easy for something to be either deleted or just fall by the wayside as newer emails pop into an S&T’s inbox. Our suggestion is to try another old-fashioned way of getting in touch – pick up the phone and call the other S&T. We’re all part of the same union and working for our members – you’ll get an answer quicker, and a simple call could establish a relationship that helps bring your two Locals closer together.
To submit questions to Ask an Auditor, email fieldauditor@group.smart-union.org.
A pair of tours has been finalized on July 1 and 2 for attendees of the 2018 SMART Transportation Division Regional Meeting in Seattle.
Day 1 (July 1): Puget Sound whale watching tour
Attendees will be picked up from the Westin Hotel downtown at 8:15 a.m. Sunday, July 1, and taken to Edmunds, where they will board a ship onto Puget Sound.
On the sound, there are three resident orca pods and there will a chance of seeing humpback whales, gray and minke whales, porpoises, seals and sea lions. The tour includes a boxed lunch and attendees will be back at the hotel by 3:30 p.m. Guests are advised to bring a light jacket in case it’s chilly on the sound.
Day 2 (July 2): Seattle city tour
Board a luxury motor coach to see the Emerald City’s highlights! Guests will enjoy an informative tour of the city from a Seattle perspective, hearing history and interesting stories about this unique metropolis. The tour begins at 9 a.m. in the downtown core, including the chance to explore Chihuly Gardens and Glass in Seattle Center, the Pike Place Market and the Olympic Sculpture Park before the tour ends at the Ballard Locks.
Guests will then have the opportunity to have lunch on their own and to do some shopping in the city’s Ballard neighborhood. Overlooking Salmon Bay in the city’s northwest, the neighborhood once was home to lumber and shingle mills but now has a thriving commercial district with locally owned restaurants and boutiques.
Tour costs are $35 per person for registered guests of the regional meeting and $75 per person for guests who are not registered for the regional meeting. Follow this link to register online or you can download a fillable PDF version of the regional meeting registration form.
Washington, D.C. (June 6, 2018) – SMART Transportation Division leaders announced today their support for the Bus Operator and Pedestrian Protection Act introduced by Congresswoman Grace F. Napolitano (D – Calif.) and Congressman John Katko (R — New York) that would enhance the safety of bus drivers nationwide.
Incidents of assaults on bus operators occur daily and threaten the safety of both our members and the riding public. Countless news reports of incidents involving spitting, beatings and stabbings by unruly passengers have left SMART-TD bus drivers as victims of frequent violence.
A stabbing on a bus in Montebello Calif., is just one example.
“There have been gruesome, inexcusable acts that have been committed on our bus members including shootings, stabbings and beatings, and little has been done about it. We need adequate driver shields and mandatory de-escalation training,” said National Legislative Director John Risch. “I want to thank Representatives Napolitano and Katko for developing and introducing this important piece of legislation. Our pledge is to continue to work with Congress and the Administration to ensure all bus operators are given the protection they deserve.”
The legislation would require transit agencies to develop Bus Operations Safety Risk Reduction Programs by implementing physical barriers to prevent operator assaults, de-escalation training for bus drivers, driver-assisted technology to reduce accidents, and modified bus specifications or retrofits to reduce visibility impairments.
“There is no higher priority than operator safety. On a daily basis, we see reports of drivers getting assaulted and having their lives irreversibly changed because they were behind the controls just doing their jobs,” said Calvin Studivant, SMART TD Bus Department Vice President. “This critical legislation will significantly improve bus driver safety through risk reduction programs and other safety requirements.”
In 2015 SMART TD supported passage of the FAST Act, which required that the Federal Transit Administration (FTA) issue rules designed to prevent assaults on transit workers, so far FTA has neither released nor implemented these rules. The Bus Operator and Pedestrian Protection Act continues to build on SMART TD’s efforts to protect bus drivers and eliminate operator assaults.
The SMART Transportation Division is comprised of approximately 125,000 active and retired members of the former United Transportation Union, who work in a variety of crafts in the transportation industry, including bus operators.
SMART Transportation Division Minnesota State Legislative Board has proudly announced today its endorsement of U.S. Rep. Tim Walz’s campaign for governor of Minnesota.
“Congressman Walz’s work with our union since 2006 for railroad safety and service distinguishes his efforts in the 2018 election cycle,” said SMART TD Minnesota State Legislative Director Phillip Qualy. “Since serving as chairman of the House Transportation and Infrastructure Subcommittee on Railroads with former Congressman James Oberstar, Tim Walz has always had an open door for railroad labor.”
Walz has cosponsored multiple versions of SMART TD’s key legislative priority The Safe Freight Act that requires a certified conductor and certified engineer on all trains, authored bipartisan energy legislation and holds a strong reputation in Congress for working in a bipartisan manner across party lines, Qualy said.
“Tim Walz is a friend of railroad labor and our retirees,” Qualy said. “Our state committee believes that having worked in Washington, he brings a wealth of knowledge home and can bring needed resources to our state. As our next governor, Tim Walz’s common-sense values, pragmatism and enthusiasm will serve Minnesotans well.”
Prior to joining Congress in 2007 and representing Minnesota’s First District, Walz was a high school teacher for 20 years in Mankato Minn., where he coached Mankato West to the state football championship. An avid outdoor sportsman, Walz also served in the National Guard, where he achieved the highest enlisted rank of any member in Congress who served in the Guard.
“Among some very good candidates for governor, Tim Walz has earned strong support from railroad labor and our retirees,” Qualy said. “The Minnesota 2018 elections are crucial to the future of railroad labor and our state.”
In addition to Walz, SMART TD’s Railroad Workers Committee also screened gubernatorial candidates Erin Murphy and state Auditor Rebecca Otto May 18th in St. Paul. Qualy said all received “excellent” ratings from the committee.
“We look forward to a positive and productive working relationship with Tim Walz in the Minnesota Governor’s Office” said Qualy.
“I encourage all of our SMART TD members to get involved with your Local, be sure you are registered to vote, and vote for your job and your pension first this November. Minnesota’s working families must unite this fall to keep this state a great place to live and work,” he said.
To read a PDF of the Minnesota State Legislative Board’s letter endorsing Walz, follow this link.
“What Every Railroader Should Know,” written by Lawrence Mann, rail safety coordinator to SMART Transportation Division’s Designated Legal Counsel (DLC), is an extensive and comprehensive survey of federal railroad safety law as it pertains to rail workers and is essential reading for TD members concerned about how the law protects them.
Mann, who has served as rail safety coordinator for the DLC since the position was created in 2008, has been recognized by peers as the “nation’s foremost authority on railroad safety legislation and regulation.”
He has given SMART Transportation Division permission to distribute his 700-plus page book via PDF on the TD website.
SMART Transportation Division National Legislative Director John Risch addressed the National Association of Retired and Veteran Railway Employees (NARVRE) in Council Bluffs, Iowa, on May 21, touching on the current national political climate and the need for retirees to step up to protect what is rightfully theirs amid renewed attacks on unions.
“What is happening in D.C. is what I call ‘an erosion of civility,'” Risch told attendees at NARVRE’s 41st Biennial Convention at the Hilton Garden Inn. “Add to that erosion the closeness of the numbers in each house of Congress, and you have a keen focus on the next election, not a keen focus on what’s right for our country.”
An explosion in deficit spending caused by the tax cuts and spending bills passed by Congress at the end of last year once again has fueled talk by some politicians of cutting so-called entitlements.
Politicians’ eyes see the nest egg of Railroad Retirement — the result of the hard work of current and past railroaders — and would love to dive into that pension plan, Risch told the retirees.
NARVRE, an advocacy group out of Mississippi, has worked to preserve Railroad Retirement benefits for more than 80 years for members of all rail unions.
“When Speaker Paul Ryan and his crew talk about the need to rein in ‘entitlements,’ you need to know that what they want to cut is your Railroad Retirement benefits and reduce your Medicare coverage,” he said. “Something you already paid for, but since the government used the money for things like tax cuts for the railroads, they want to break the agreements that were made with all of us.”
Those attacks should rouse retirees and active workers alike to action, Risch said.
“When the debt and deficit debate starts in earnest, we need NARVRE, and more importantly, NARVRE members to shout out: ‘No to any cuts in our pension, Medicare and Medicaid.’ Our union, of course, will be there, but we can’t do it alone,” Risch said. “Your grassroots response is the only thing that will stop substantial cuts to these vital safety nets.”
Greedy corporate interests also are looking to tear unions down these days. The Janus case pending in the U.S. Supreme Court could kill “union security clauses,” allowing those who don’t pay dues to leech off public unions, he told attendees.
“It’s Janus and public employees today, and the rest of us will be next,” Risch said.
Other threats include the potential of automation to further whittle away railroad jobs and for politicians to eliminate Amtrak in the name of savings. These scenarios would have a catastrophic effect on Railroad Retirement’s sustainability.
But speaking out can help preserve what Risch calls the “crown jewel” that rail workers created.
“It’s not NARVRE or the rail unions that will protect our pension,” he said. “It’s the grassroots efforts of our members and people like all of you in this room — people who demand of their congressional delegation that Amtrak gets the money it needs; who demand that Congress keep their hands off our Railroad Retirement and Medicare,” Risch said.
“The good news is very few Americans are politically active, meaning those that are have far more clout then they should. So I’m calling on each of you to use that clout. Call your elected representatives, attend their town hall meetings and speak out. That’s what’s effective.”
Kansas State Legislative Director Ty Dragoo reported that the hard work of his legislative board has paid off with the Kansas Legislature passing and Republican Gov. Jeff Colyer signing May 16 the House Substitute for SB 391, establishing the Joint Legislative Transportation Vision Task Force.
“We would like to take this opportunity to thank all those legislators who supported this important step to building a vision for transportation in Kansas with labor at the table,” Dragoo said. “We greatly appreciate the assistance of all of those that voted in favor to pass the task force legislation.”
The task force’s purpose is to evaluate the current condition of the Kansas transportation system; solicit local input on projects; evaluate current uses of the state highway fund; evaluate current transportation funding and determine whether funding levels are sufficient for current and future needs; identify additional necessary transportation projects; make recommendations regarding the needs of the state’s transportation system in the future; and make recommendations on the future structure of the state highway fund as it relates to maintaining the state’s infrastructure.
The bill also includes a list of organizations, including SMART Transportation Division and the AFL-CIO, that will sit on the task force and help to formulate a 10-year plan for the state’s transportation system.
“SMART TD looks forward to being a part of providing the task force with the critical information that they will need to build a vision for the future of the infrastructure system in Kansas,” Dragoo said. “This is the first time in our board’s history that our union will be recognized and enshrined in Kansas statute as a stakeholder in transportation planning for this state.
“Brothers and sisters, that is not by accident. That is our hard work paying off.”
A PDF of the final version of the bill is available on the Kansas State Legislature website.