Author: paul

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It is reasonable to wonder just how many millions of dollars in sanctions must be assessed against railroads by the federal government before they learn the lesson that employees are not the equivalent of number 2 pencils to be chewed on at will and discarded when convenient.

In the most recent comeuppance applied to Norfolk Southern by the U.S. Department of Labor’s Occupational Safety and Health Administration, sanctions totaling more than $802,000 were imposed as punishment for violating the whistleblower protection provisions of the new section 20109 added by Congress in 2007 to the Railroad Safety Act. NS was found to have harassed, intimidated and ultimately fired three employees who reported and sought medical attention for on-duty injuries.

NS also was ordered by OSHA to expunge the disciplinary records of the three whistleblowers, post workplace notices regarding railroad employees’ whistleblower protection rights and provide training to its employees about these rights.

The latest OSHA fines — and there have been several in the past– against NS followed OSHA investigations in Greenville, S.C.; Louisville, Ky., and Harrisburg, Pa., each showing, according to OSHA,  “reasonable cause to believe that the employees’ reporting of their workplace injuries led to internal investigations and, ultimately, to dismissals from the company.”

OSHA does not release the names of whistleblowers. The Harrisburg employee was reportedly a conductor; the Louisville whistleblower an engineer and the Greenville whistleblower a maintenance-of-way employee.

“Firing workers for reporting an injury is not only illegal, it also endangers all workers. When workers are discouraged from reporting injuries, no investigation into the cause of an injury can occur,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation.”

In 2011, OSHA, in hitting NS with sanctions of more than $122,000, said NS’ culture of employee harassment and intimidation permitted the railroad to “maintain the appearance of an exemplary safety record and continue its 22-consecutive-year record as recipient of the E.H.Harriman Gold Medal Rail Safety Award.”

In the latest assessment of sanctions against NS, OSHA reported:

* A maintenance-of-way employee was charged with improper performance of duties after reporting an injury as a result of being hit by a NS highway vehicle. OSHA found he had been singled out and treated with bias because of reporting the injury.

* An engineer was charged with falsifying an injury and terminated after reporting he tripped and fell in a locomotive restroom. OSHA found the investigative hearing was flawed and orchestrated to intentionally support the decision to terminate the employee.

* A conductor was charged with making false and conflicting statements and terminated after reporting a head injury sustained when he blacked out and fell down steps while returning from the locomotive lavatory. OSHA said that the day before the injury, the employee had been lauded for excellent performance, highlighted by no lost work time due to injuries in his 35-year career. OSHA again found that the investigative hearing was flawed, and there was no evidence the employee intended to misrepresent his injury.

The Federal Railroad Safety Act of 1970 extended whistleblower protection to employees who are retaliated against for reporting an injury or illness requiring medical attention. The Rail Safety Improvement Act of 2008 added additional requirements ensuring injured workers receive prompt medical attention. Prohibitions were imposed by Congress on carrier intimidation and harassment of injured workers in an effort to end a culture that placed the winning of carrier safety awards and year-end managerial bonuses as a higher priority than treatment and prevention of injuries.

The laws were passed by Congress after the UTU documented a railroad culture of harassment and intimidation against injured and ill workers. Their purpose is to protect rail workers from retaliation and threats of retaliation when they report injuries or illness, report that a carrier violated safety laws or regulations, or if the employee refuses to work under certain unsafe conditions or refuses to authorize the use of safety related equipment.

An employer is outright prohibited from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.

Retaliation, including threats of retaliation, is defined as firing or laying off, blacklisting, demoting, denying overtime or promotion, disciplining, denying benefits, failing to rehire, intimidation, reassignment affecting promotion prospects, or reducing pay or hours.

UTU designated legal counsel have pledged to investigate and assist UTU members in bringing complaints under these laws.

A rail employee may file a whistle-blower complaint directly with OSHA, or may contact a UTU designated legal counsel, general chairperson or state legislative director for assistance.

A listing of UTU designated legal counsel is available at:

https://www.smart-union.org/td/designated-legal-counsel/

or may be obtained from local or general committee officers or state legislative directors.

To view a more detailed OSHA fact sheet, click on the following link:

www.osha.gov/Publications/OSHA-factsheet-whistleblower-railroad.pdf

Among the numerous political challenges facing working families is preservation of Railroad Retirement and Social Security, which are both under attack by political conservatives.

As the UTU’s Portland, Ore., regional meeting commenced June 18, the labor member of the Railroad Retirement Board, Walt Barrows (pictured at left) told attendees, “You can be very proud of your leadership and your legislative staff. You have the best legislative team of any union, bar none. [The UTU is] in the forefront of defending our retirement system against those who try to weaken it.”

Echoing those sentiments was Joe Nigro, general president of the Sheet Metal Workers International Association (SMWIA), who said the UTU has “the best political machine” among labor organizations, which is essential in the fight to preserve Railroad Retirement and Social Security.

Nigro said the SMWIA and the UTU – now combined as SMART – “share the goal of achieving power and success to make legislators, other unions and employers look to us for leadership and training.” SMART, he said, is creating “a bigger, better, stronger and members’ oriented union that represents its members aggressively.”

Barrows, a senior officer of the Brotherhood of Railroad Signalman before being nominated by President Obama and confirmed by the Senate to the three-member Railroad Retirement Board to represent the interests of labor, warned that “the trend of attacking and eliminating defined benefit pension plans across the country will continue.

“In the last 30 years, defined benefit plans have been stripped away from most workers,” Barrows said. “We have seen defined benefit plans replaced by tax deferred savings accounts, like 401(k) plans and other less desirable substitutes [and] with the decline of defined benefit plans, far too many Americans cannot retire with any sense of dignity or security.

“Wondering if you will be able to receive a steady income during your retirement years is important to you and your family when you consider retirement,” Barrows said. “Railroad Retirement gives you that assurance. You can rest assured that when you are ready to retire, the Railroad Retirement Board and the Railroad Retirement system will be there for you.

“You would think that the strength and solvency of our system would exempt us from attacks, but our retirement system is never totally safe from attack. A recent House budget resolution [introduced by Rep. Paul Ryan (R-Wis.)] proposed massive changes to our retirement system. While this proposal will not go anywhere this year, it again demonstrates that rail workers must remain vigilant if we expect our retirement system is there for us and for future generations of rail workers.

“Since the establishment of the Railroad Retirement system 76 years ago, labor has fought to protect and preserve these benefits,” Barrows said. “The longevity and stability of our Railroad Retirement is a testament to strength of rail workers standing together. But we all must be vigilant to make sure that our retirement system is there for us and for future generations of rail workers and their families.

“It is now up to us to ensure that our retirement system is there to provide protection and retirement security for future generations,” Barrows said. “So when we hear retirement benefits attacked, and when we hear them referred to as entitlements, remind people that railroad workers are entitled. 

“We are entitled,” Barrows said, “because we worked for it. We are entitled because we sacrificed for it. We are entitled because we contributed to it. And we are entitled because the profits enjoyed by the railroad industry came from our blood and sweat. Nobody gave us anything. We earned it.

“And as your member on the Railroad Retirement Board, it is an honor for me to stand here today to tell you that I will fight to protect our retirement system,” Barrows said.

Suicide by rail is no stranger to operators of steel-wheel trollies on Southeastern Pennsylvania Transportation Authority’s Victory Division in suburban Philadelphia.

UTU-represented members of this SEPTA property recall having to plead with management to replace the front facing of a trolley displaying a macabre embedded facial image of a man who chose to end his life in front of a moving trolley.

For trolley operator Waverly Harris, the horror of an attempted suicide Feb. 11 changed his own life forever. Harris, 42, with 19 years’ service, is the property’s general chairperson and chairperson of the UTU’s Association of General Chairpersons, District 3.

The time of the incident was 3:40 a.m., and for months following, Harris habitually awakened minutes before that position on the clock, staring until “3:40” appeared.

It was at just prior to 3:40 a.m., Feb. 11, as snow and sleet fell, that Harris was operating an empty trolley whose purpose was to keep the catenary free of accumulated ice. Abruptly, unexpectedly and frighteningly, the trolley headlight captured an individual standing – then racing – down an embankment toward the tracks.

“I laid on the horn,” Harris said. “I didn’t know if he was being chased. He kept running toward the tracks. I braked. He looked me in the face as I put the trolley into emergency and he faded from view, underneath my trolley.” The man, trapped beneath the trolley, was still alive.

“He asked, ‘What time is it?’ It was 3:40 a.m. I came to learn from my grief counselor [provided by SEPTA] that the two most common comments made [by those grievously injured in such incidents] are, ‘What time is it?’ and ‘Where am I?’

It took 90 minutes for emergency crews to free the man, who survived. The steel wheels had not run over him.

For Harris, the ordeal was far from over. For several months, he met regularly with a grief counselor to talk through the incident and overcome mental anguish, even though there was nothing Harris could have done to prevent it.

Harris returned to work in May, thankful for the counseling and support of his wife and three children. “I still awaken, occasionally, just before 3:40 a.m.,” he said.

If anything positive emerged, it is Harris’ ability now to counsel other SEPTA trolley and bus operators who, unfortunately, will experience similar incidents – and they occur several times annually.

“I now know the mental stress, and I will tell them to stick with the counseling provided by SEPTA, not to be judgmental, and accept the support of their UTU brothers and sisters, their family and friends,” Harris said.

ALLIANCE, Neb. — A 62-year-old BNSF Railway conductor, a member of the UTU for 42 years, was found dead in his house June 12, and his 27-year-old son was later shot to death in a standoff with police that left two police officers and a hostage wounded.

Dead are BNSF conductor Larry J. “Speedy” Gonzalez, a member of Local 934, Alliance, Neb., and his son, Andres “Andy” Gonzalez. The cause of Larry Gonzalez’ slaying has not been reported by police pending an autopsy.

According to the Omaha World-Herald, four members of a police special weapons and tactics (SWAT) team “stormed a building” housing a pharmacy here where the son had taken a hostage. Up to 40 shots were exchanged, some of which struck a building opposite where the gun fight occurred. Andres Gonzalez, who was shot dead by police following the 14-hour standoff, reportedly was armed with an assault rifle and a handgun. His father’s body was discovered following the gunfight.

Wounded, but expected to survive, were an Alliance police officer, a state policeman and a pharmacist who reportedly was held hostage by Andres Gonzalez.

The World-Herald said the son “had a reputation for abusing drugs” and “reportedly demanded drugs when he stormed into the pharmacy.”

The World-Herald also reported that during hostage negotiations – prior to the gunfight – Andres Gonzales “admitted” to killing a 38-year-old man who had gone missing in December. Andres’ 19-year-old girlfriend, who also shared the home of conductor Larry Gonzalez, reportedly was arrested on a charge of being an accessory to a felony, and reportedly is being questioned as part of another murder investigation in Nebraska.

Members of Local 887, Harvey, N.D., have established a fund to benefit the family of conductor Robert J. Glasgow, 38, who died May 28 while setting out cars as part of a two-person crew at a CP yard.
Glasgow began railroading on CP in 2005 as a track worker; transferring to train service in 2011. Glasgow had mounted the lead car of 28 cars being switched conventionally when it sideswiped other cars. He was pronounced dead at a local hospital.
He is survived by wife Jenny Ann and children Jacob, Carter, Cole, Ethan and Kaylee.
Donations should be sent to the Robert Glasgow Family, 709 Ninth St. N.E., Minot, ND 58703.

The following was received June 11, 2012, from Medco/Express Scripts:

On June 5 Sandoz announced it is conducting a voluntary recall of 10 lots of its generic oral contraceptive Introvale in the U.S., following a recent report of a packaging flaw.

Introvale is an extended-cycle oral contraceptive. Sandoz is not aware of any reports of related adverse events.

The recall was decided after a consumer reported the white placebo tablets were mistakenly in the ninth row (labeled “Week 9”) of the 13-row blister card, rather than in the correct position in the 13th and final row (labeled “Week 13”).

Each three-month blister card contains 84 peach-colored active tablets and seven white placebo tablets in 13 rows. Details on the recall are below: 

Product and strengths: Introvale (levonorgestrel and ethinyl estradiol tablets, USP) 0.15 mg/0.03 mg

Indication: prevent pregnancy

Manufacturer: Sandoz

Date of recall: June 5, 2012

Type of recall: voluntary, patient-level

Reason for recall: packaging error

NDCs of recalled products: NDC 00781 5584 36

Affected lot numbers: The lot numbers involved in the recall are: LF00478C, LF00479C, LF00551C, LF00552C, LF00687C, LF00688C, LF00763C, LF00764C, LF00765C and LF01261C. These lots were distributed only in the U.S. between January 2011 and May 2012

Express Scripts patients impacted: approximately 240

Return/Replacement information: not yet available from Sandoz

Implications to Express Scripts and clients

 Express Scripts is taking the following action in response to this recall:

 · Calling impacted patients informing them about the recall and advising how to detect if they have impacted product. If the patient has affected product, Express Scripts will advise them to begin using a non hormonal form of contraception.

 · Advising patients to contact their doctor to discuss other concerns they may have and to obtain a new prescription for an alternative hormonal therapy because due to this recall, Introvale is currently not available.

 · Advising patients they may contact the Sandoz Drug Information Direct Line at 800-525-2492, 24 hours/day, seven days a week, or via email at qa.druginfo@sandoz.com. Specifics about return and reimbursement have not been released from the manufacturer.

 Developing/distributing a frequently asked questions document for pharmacists and customer service representatives.

Posting web messaging on www.medco.com.

Retail impact:

Retail patients will be managed by retail pharmacies according to their professional practices.

Some 600 mourners – including more than 300 coworkers and UTU officials — attended the funeral June 9 of slain Los Angeles County Metropolitan Transportation Authority (LACMTA) bus operator Alan Thomas, who was murdered May 20 by a lone passenger.
Also in attendance were law enforcement officials, transit executives and political leaders and representatives of other labor organizations. Thomas was remembered by his children, spouse, parents and other relatives for his strong family ties, and mourned as a public servant “doing a job for a community” when he was gunned down in a still inexplicable homicide.
Thomas was a member of UTU Local 1563.
To read the article on his slaying, click on the following link:
https://www.smart-union.org/news/utu-member-bus-driver-murdered-in-los-angeles/

By Joe Szabo – 
Federal Railroad Administrator

It seems like just yesterday, as UTU Illinois state legislative director and mayor of Riverdale, Ill., that I joined other mayors to successfully advocate for more frequent rail service from Chicago to downstate Illinois communities. 

At the time, even that modest goal seemed daunting, as conventional wisdom said Americans would no longer ride trains.

Fast forward to 2012, where 30 million people are riding Amtrak each year — more than ever before. 

The future looks even brighter. 

How did it happen? My brothers and sisters at the UTU worked with mayors, business owners, university presidents and environmental groups across the nation to show elected officials at all levels of government how better train service would transform local economies, provide Americans with more transportation options and create new jobs.

Decades of advocacy are finally paying dividends, as we finally have a president in Barack Obama who understands that our economy is dependent on the quality of our transportation system. President Obama invested more than $10 billion in regional rail networks that will provide a much needed alternative to congested highways and airports as our nation grows by 100 million people over the next 40 years.

As FRA administrator, I have visited communities across the country as they begin construction projects. Some include:

* New England, where service will reach new communities in Maine this year. 

* The Pacific Northwest, where new construction will lead to more frequent service between Seattle and Portland.

* The Midwest, where trips from Chicago to Detroit and St. Louis will be more than an hour shorter by 2014, and feature next-generation American-made trains.

* The Southeast, where new construction will lead to more frequent and reliable service between Charlotte and Raleigh.

* California, where construction is underway to add capacity to existing corridors, while the state breaks ground on its high-speed train system later this year.

The Obama administration also invested more than $3 billion to improve reliability and order new locomotives for the Northeast Corridor, while Northeast states begin planning for the next generation of the service.

In communities I visit, I meet leaders of both political parties who are excited to explain how their town will benefit from a project. As a former mayor, I relate. At the local level, transportation investments are not about politics – they are about creating new jobs, attracting new investment, and making the lives of our friends and neighbors better.

Now is the time for Congress to make the investments we need in passenger rail to create jobs today and provide America with the world-class transportation network we need in the 21st century.

(Prior to his April 2009 Senate confirmation as FRA administrator, Joe Szabo was UTU Illinois state legislative director. He is a fifth generation railroader.)

Each year, the U.S. Railroad Retirement Board (RRB) prepares a “Certificate of Service Months and Compensation” (Form BA-6) for every railroad employee who received creditable railroad compensation in the previous calendar year. 

The forms will be mailed to employees by the RRB during the first half of June. 

Anyone with compensation reported in 2011 who has not received Form BA-6 by July 1, or needs a replacement, should contact the nearest RRB field office by calling the agency’s toll-free number, (877) 772-5772.

Form BA-6 provides employees with a record of their Railroad Retirement service and compensation. The information shown is used to determine whether an employee qualifies for benefits and the amount of those benefits. 

Employees can also request that printouts of their individual Railroad Retirement records of service months and compensation be mailed to them. A PIN/Password is not required to use this service. It can be accessed by visiting www.rrb.gov, moving the cursor over the “Beneficiaries & RR Employees” category and then clicking on “Request Service & Compensation History.”

Any discrepancies in Form BA-6 should be reported promptly in writing to: Protest Unit-CESC, U.S. Railroad Retirement Board, 844 North Rush St., Chicago, IL 60611-2092. The employee must include his or her Social Security number in the letter.

The Occupational Safety and Health Administration (OSHA) is running a competition to help educate the public about workplace safety. 

Applicants should use publicly available government information (i.e., DOL/OSHA data, NIOSH data, and other online government resources) to create an application or presentation that will educate young workers on the safety and health risks in real work scenarios. 

Submissions should provide tools that demonstrate the importance of knowing about workplace safety and health hazards, and provide tools to understand their rights in the workplace. 

Successful apps could take many different forms, such as: interactive and informative games, social or professional networks, or data visualization. 

Submissions may be designed for internet browsers, smartphones, feature phones, social media platforms, or as native Windows or Macintosh applications. 

A total of four prizes totaling no more than $30,000 will be awarded, including one grand prize, two category prizes, and one people’s choice award prize. A single entry is eligible for winning more than one prize.

Click here to be directed to the OSHA contest website.