The head of a rail safety group compared a widely used train tank car to the recalled Ford Pinto in urging U.S. regulators to require upgrades that would prevent accidents like a Quebec derailment that killed 47 people.
Karen Darch, the co-chairman of a coalition of communities around Chicago formed in response to a merger of railroads, said regulators dragged their feet in mandating safety improvements to the car, known as the DOT-111, amid evidence showing the tankers are more prone to rupture in a derailment than other types.
WASHINGTON – A federal panel heard comments Wednesday on the adequacy of safety regulations for railroads, during the first of two meetings that will focus on last month’s deadly train derailment in Lac-Megantic, Quebec.
Fatigue is the top safety concern among train crew members, said a representative of one of the major unions for railroad workers.
When it comes to life and death situations, a few words can make all the difference. In Garfield Heights, a suburb of Cleveland, an ordinance passed in June calls for the inspection of fire and smoke dampers in commercial buildings every four years by technicians and contractors certified by the International Certification Board (ICB). Fire and smoke dampers keep smoke and fire from traveling through a building’s ventilation system, buying occupants time to escape and first responders precious seconds to save lives and property. If the dampers aren’t properly inspected, the chance of fatalities can increase. On Nov. 21, 1980, 85 people died at the 26-floor MGM Grand Hotel and Casino in Las Vegas when a fire ignited inside the wall of the deli on the first floor. The investigation determined that the fire and smoke dampers had failed. Many of those who perished died of smoke inhalation. Garfield Heights is the first city in the United States to require technicians and contractors to be certified by ICB. “We’ve been developing our HVAC Fire Life Safety program, and we felt it was important to start with governmental bodies. We wanted to raise public awareness,” said Mike Coleman, business manager for Sheet Metal Workers Local No. 33. “I think we’re the first in the country to earn the ANSI accreditation.” The ordinance in Garfield Heights, as well as in other municipalities around Cleveland, have been in the works since 2011 when the training center for Sheet Metal Workers Local No. 33 developed a mock-up to show fire marshals and building inspectors the importance of fire and smoke damper inspections. The demonstrations show how smoke travels and can be stopped with properly working dampers. “We came in offering a solution to a problem rather than creating a problem just to get work,” said John Nesta, training coordinator for Local No. 33’s training center. “We didn’t want to overload the fire inspectors. We didn’t want to add to their work. We wanted to offer a solution to a problem. These smoke and fire dampers weren’t being inspected, and we can help with that. And give them the peace of mind it would be done correctly.” “The mock-up is essential. The firefighters needed to see it. All the public officials needed to see it in order to understand. I think these dampers are as important as a sprinkler system in regards to getting people out of a burning building,” Coleman added. “I think it was a very easy sale. It just took some time to educate the right people. This is a no-brainer. It’s not a union issue. It’s not a non-union issue. It’s a public safety issue.” Similar ordinances in Broadview Heights and Cuyahoga County are currently pending. ICB/TABB is the first program to gain ANSI accreditation under ISO 17024 for certification in the HVAC testing, adjusting and balancing and fire life safety industry. ICB/TABB certification is a statement that the technician, supervisor and contractor demonstrate the highest level of professional expertise.
WASHINGTON – Veterans and disabled workers who often struggle to find work could have an easier time landing a job under new federal regulations.
The rules, announced Aug. 27 by the Labor Department, will require most government contractors to set a goal of having disabled workers make up at least seven percent of their employees. The benchmark for veterans would be eight percent, a rate that could change from year to year depending on the overall number of former military members in the workforce.
Unlike his predecessor, who ran a Los Angeles bus company, Metra’s new interim executive director is a veteran “railroad guy” who actually knows how to drive a train.
Donald Orseno broke into the railroad business collecting tickets, helping set up trains and checking doors on the Rock Island Railroad.
The Sportsman Channel and the Union Sportsmen’s Alliance (USA) are teaming up again to honor and recognize the contributions of Americans workers and sportsmen and women during the Labor Day Brotherhood Outdoors Marathon Salute to American Workers & Celebration of America’s Parks, sponsored by Bank of Labor. This year, the marathon highlights the contributions American workers have made to our park system and how those parks desperately need help once again. Brotherhood Outdoors Co-hosts Daniel Lee Martin and Julie McQueen will provide viewers with interesting facts about America’s parks between eight back-to-back episodes of Brotherhood Outdoors airing from 1 to 5 p.m. ET. on Monday, September 2, exclusively on Sportsman Channel. A collaboration between Sportsman Channel and the Union Sportsmen’s Alliance, this one-of-a-kind marathon provides an intimate glimpse into the lives of hardworking, blue-collar union sportsmen and women. The marathon concludes with a NEW episode of Brotherhood Outdoors with journeyman plumber, David Zinke, joining Daniel Lee and Julie in Texas to hunt monster bucks in the height of the rut. “Brotherhood Outdoors isn’t just a great hunting and fishing series but a true testament to the American spirit,” said Graig Hale, Sportsman Channel VP of business development. “When the USA introduced its Adopt-a-Park program to assist America’s parks as they struggle with severe budget cuts, we wanted to help by bringing more visibility to the program and showcasing how America’s workers continue to help preserve the park system that is part of our country’s heritage.” Through the USA’s new Adopt-A-Park program, union members will volunteer their time and unique skills to renew, rebuild and restore America’s parks, whether by restoring a weathered visitor’s center, rebuilding the park ranger station or modernizing the facilities. “There are more than 6,600 state parks in the U.S., one within 100 miles of every American, and they’re among the most affordable places for families to visit. In a nutshell – they remain the outdoor recreation retreats for the working person and his or her family,” said Joe Elton, president of America’s State Parks Foundation. “While those parks stimulate more than $23 billion in economic impact, they operate with less than $1 billion in taxpayer dollars annually and are continually faced with budget cuts. By celebrating the value of America’s parks, the Sportsman Channel and Union Sportsmen’s Alliance are bringing much needed attention to the need to support and preserve our parks for future generations.” Episodes Airing on September 2 include: 1 p.m. Desert Dream Hunt for Deer and Javelina with a Firefighter (Michael McShane, IAFF Local 1312) 1:30 p.m. Illinois Bucks and Tennessee Gobblers with an Elevator Constructor (David Ragland, IUEC Local 93) 2 p.m. Florida Keys Deep Sea Fishing with a Retired Electrical Worker (Leroy Shull, IBEW Local 124) 2:30 p.m. Illinois Waterfowl Action with 4th Generation Laborers (Larry Lucco & Dustin Ramage, LIUNA Local 100) 3 p.m. Texas Trophy Elk with a Sheet Metal Worker (Mike Kraning, SMART Local 18) 3:30 p.m. First Time Turkey Hunt with a Cement Mason (Matt Gehris, OPCMIA Local 11) 4 p.m. Boca Grande Tarpon with Operating Engineers (Travis Simmons & James Dyer, IUOE Local 673) 4:30 p.m. (NEW!) Texas Bucks in Full Rut with a Journeyman Plumber (David Zinke, UA Local 15)
For more information about Brotherhood Outdoors and the Union Sportsmen’s Alliance visit www.BrotherhoodOutdoors.tv.
The Railroad Retirement Board (RRB) is required by law to submit annual financial reports to Congress on the financial condition of the railroad retirement system and the railroad unemployment insurance system. These reports must also include recommendations for any financing changes which may be advisable in order to ensure the solvency of the systems. In June, the RRB submitted its 2013 reports on the railroad retirement and railroad unemployment insurance systems.
The following questions and answers summarize the findings of these reports.
1. What were the assets of the railroad retirement and railroad unemployment insurance systems last year?
As of Sept. 30, 2012, total railroad retirement system assets, comprising assets managed by the National Railroad Retirement Investment Trust and the railroad retirement system accounts at the Treasury, equaled $25.3 billion. The Trust was established by the Railroad Retirement and Survivors’ Improvement Act of 2001 to manage and invest railroad retirement assets. The cash balance of the railroad unemployment insurance system was $175.3 million at the end of fiscal year 2012.
2. What was the conclusion of the 2013 report on the financial condition of the railroad retirement system?
The overall conclusion was that, barring a sudden, unanticipated, large decrease in railroad employment or substantial investment losses, the railroad retirement system will experience no cash-flow problems during the next 25 years. The long-term stability of the system, however, is still uncertain. Under the current financing structure, actual levels of railroad employment and investment return over the coming years will largely determine whether corrective action is necessary.
3. What methods were used in forecasting the financial condition of the railroad retirement system?
The 2013 report projected the various components of income and outgo of the railroad retirement system under three employment assumptions, intended to provide an optimistic, moderate and pessimistic outlook, for the 25 calendar years 2013-2037. The projections of these components were combined and the investment income calculated to produce the projected balances in the railroad retirement accounts at the end of each projection year.
Projecting income and outgo under optimistic, moderate and pessimistic employment assumptions, the valuation indicated no cash-flow problems occur throughout the 25-year projection period under any of the assumptions.
4. How do the results of the 2013 report compare with those of the 2012 report?
The projected tier II tax rates for each calendar year are either the same or lower than in last year’s report. (Railroad retirement payroll taxes, like railroad retirement benefits, are calculated on a two-tier basis.) The projected combined account balances are higher at the end of each year, except under the moderate employment assumption where lower tax rates lead to lower account balances in 2034-2037.
The favorable comparison with last year was due to overall favorable economic and employment experience, with the largest impacts resulting from employment exceeding the RRB’s projections and actual investment return of approximately 13.9 percent exceeding the expected investment return of 7 percent in calendar year 2012.
5. Did the 2013 report on the financial condition of the railroad retirement system recommend any railroad retirement payroll tax rate changes?
The report did not recommend any change in the rate of tax imposed by current law on employers and employees.
6. What were the findings of the 2013 report on the financial condition of the railroad unemployment insurance system?
The RRB’s 2013 railroad unemployment insurance financial report was also generally favorable. Even as maximum benefit rates increase 42 percent (from $66 to $94) from 2012 to 2023, experience-based contribution rates are expected to keep the unemployment insurance system solvent, except for possible small, short-term cash flow problems in fiscal years 2015 and 2016 under the pessimistic assumption. However, projections show quick repayment of any loans by the end of each fiscal year.
Unemployment levels are the single most significant factor affecting the financial status of the railroad unemployment insurance system. However, the system’s experience-rating provisions, which adjust contribution rates for changing benefit levels, and its surcharge trigger for maintaining a minimum balance, help to ensure financial stability in the advent of adverse economic conditions.
Under experience-rating provisions, each employer’s contribution rate is determined by the RRB on the basis of benefit payments made to the railroad’s employees. Even under the report’s most pessimistic assumption, the average employer contribution rate remains well below the maximum throughout the projection period.
No surcharge is in effect in calendar year 2013, and the report predicts one will not be required in calendar 2014. A surcharge of 1.5 percent is likely in calendar years 2015 and 2016.
7. What methods were used to evaluate the financial condition of the railroad unemployment insurance system?
The economic and employment assumptions used in the unemployment insurance report corresponded to those used in the 2013 report on the financial condition of the retirement system. Projections were made for various components of income and outgo under each of the three employment assumptions, but for the period 2013-2023, rather than a 25-year period.
8. Did the 2013 report on the railroad unemployment insurance system recommend any financing changes to the system?
No financing changes were recommended at this time by the report.
The U.S. Department of Labor’s Occupational Safety and Health Administration today announced a proposed rule aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America’s workers. The proposal seeks to lower worker exposure to crystalline silica, which kills hundreds of workers and sickens thousands more each year. After publication of the proposal, the public will have 90 days to submit written comments, followed by public hearings. “Exposure to silica can be deadly, and limiting that exposure is essential,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis—an incurable and progressive disease—as well as lung cancer, other respiratory diseases and kidney disease. We’re looking forward to public comment on the proposal.” Once the full effects of the rule are realized, OSHA estimates that the proposed rule would result in saving nearly 700 lives per year and prevent 1,600 new cases of silicosis annually. Exposure to airborne silica dust occurs in operations involving cutting, sawing, drilling and crushing of concrete, brick, block and other stone products and in operations using sand products, such as in glass manufacturing, foundries and sand blasting. The proposal is based on extensive review of scientific and technical evidence, consideration of current industry consensus standards and outreach by OSHA to stakeholders, including public stakeholder meetings, conferences and meetings with employer and employee organizations. “The proposed rule uses common sense measures that will protect workers’ lives and lungs—like keeping the material wet so dust doesn’t become airborne,” added Michaels. “It is designed to give employers flexibility in selecting ways to meet the standard.” The proposed rulemaking includes two separate standards—one for general industry and maritime employment, and one for construction. The agency currently enforces 40-year-old permissible exposure limits (PELs) for crystalline silica in general industry, construction and shipyards that are outdated, inconsistent between industries and do not adequately protect worker health. The proposed rule brings protections into the 21st century. The proposed rule includes a new exposure limit for respirable crystalline silica and details widely used methods for controlling worker exposure, conducting medical surveillance, training workers about silica-related hazards and recordkeeping measures. OSHA rulemaking relies heavily on input from the public and the agency will conduct extensive engagement to garner feedback from the public through both written and oral comments. OSHA will accept public comments on the proposed rule for 90 days following publication in the Federal Register, followed by public hearings. Once public hearings conclude, members of the public who filed a notice of intention to appear can then submit additional post-hearing comments. Additional information on the proposed rule, including a video; procedures for submitting comments and the public hearings can be found at www.osha.gov/silica.
WASHINGTON –The U.S. Department of Transportation’s Federal Aviation Administration (FAA), working with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), Aug. 22 issued a final policy for improving workplace safety for aircraft cabin crewmembers.
While the FAA’s aviation safety regulations take precedence, OSHA will be able to enforce certain occupational safety and health standards currently not covered by FAA oversight.
“Safety is our number one priority – for both the traveling public and the dedicated men and women who work in the transportation industry,” said U.S. Transportation Secretary Anthony Foxx. “It’s important that cabin crewmembers on our nation’s airlines benefit from OSHA protections, including information about potential on-the-job hazards and other measures to keep them healthy and safe.”
“This policy shows the strength of agencies working together and will enhance the safety of cabin crewmembers and passengers alike,” said Secretary of Labor Thomas Perez. “It is imperative that cabin crewmembers have the same level of safety assurances they provide the public.”
Aircraft cabin safety issues that fall under OSHA standards include information on hazardous chemicals, exposure to blood-borne pathogens, and hearing conservation programs, as well as rules on record-keeping and access to employee exposure and medical records. The FAA and OSHA will develop procedures to ensure that OSHA does not apply any requirements that could adversely affect aviation safety.
“Our cabin crewmembers contribute to the safe operation of every flight each day,” said FAA Administrator Michael Huerta. “We’re taking an important step toward establishing procedures for resolving cabin crew workplace health and safety concerns.”
“We look forward to working with the FAA and through our alliance with the aviation industry and labor organizations to improve the safety of cabin crewmembers,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health.
Through the FAA Modernization and Reform Act of 2012, Congress required the FAA to develop a policy statement to outline the circumstances in which OSHA requirements could apply to crewmembers while they are working onboard aircraft.
The policy will be effective 30 days after publication in the Federal Register. OSHA will conduct outreach and then begin enforcement activities after the first six months from the effective date. The notice is available at http://www.faa.gov/about/initiatives/ashp/.
The Transportation Trades Department of the AFL-CIO has written letters to all members of the U.S. Senate and U.S. House of Representatives asking them to restore full unemployment and sickness benefits to Railroad Retirement beneficiaries whose benefits have been reduced due to the sequestration.
As a result of the March 1, 2013, sequestration, sick and unemployed railroad workers have had their benefits reduced by 9.2 percent.
To read the letter to U.S. representatives, click here.