Bad Order Tags Under Fire In Utah

SMART-TD’s Utah SLD, Danny Brewer Responds

Railroaders across the country work under constant pressure. It’s all about getting us to move trains faster, clear yards quicker, and keep operations flowing. But no amount of pressure can change a fundamental truth: the rules governing railroad safety exist because someone was injured, killed, or a disaster occurred when those rules were ignored.

SMART-TD has recently received concerning reports from Utah involving management interference when railroad workers properly report (bad order) unsafe equipment. While these reports involve one location and one railroad carrier, the underlying issue is not unique to any single state or railroad. If a conductor or an engineer has made a professional judgment to tag a car or engine for repair, then that is what needs to happen to ensure the safety of all. Anytime a railroader is pressured to ignore a safety defect or bend a rule, it is a serious problem for our entire industry and the general public.

Management has no business overruling us and deciding to “un-tag” a bad order. If we let them get away with this, they are putting us, our crew, and every crew that touches this equipment in danger. In addition to the safety concerns this raises, it is a blatant example of crossing crafts and disrespect for the railroader who bad ordered the car to begin with. This is not efficiency. It’s just unsafe and out of line.

As Utah State Safety and Legislative Director Brother Danny Brewer reminds us, we must remain accountable to one another and keep railroad managers honest when it comes to safety compliance. From veteran members who are ready to pull the pin all the way to new hire trainees, NOBODY should allow managers to be pulling the red tags off of these cars.

No matter the railroad, the state, or the yard, safety must remain our true north.

Safety Notice from Utah State Safety & Legislative Director, Brother Danny Brewer

Dear fellow SMART-TD members,

The Utah SMART-TD Safety/Legislative Board has recently received several anonymous reports concerning employees that have bad ordered equipment, only to have that designation overruled by a local manager. This is not just unacceptable, it is unethical and potentially unlawful. It is imperative that all of us do everything within our power to ensure our workplace environment is safe and that the equipment we inspect is compliant with FRA Safety standards.

Under 49 U.S.C. § 20109, you have a legal right to report safety defects without facing threats or intimidation. A manager threatening an employee to ignore “bad order” cars is a potential violation of the Federal Railroad Safety Act (FRSA).

If you have a manager telling you not to bad order cars you sincerely believe contain defects that create an unsafe condition,, you can protect yourself from retaliation while standing up for the safety of every other railroader and the general public.

Federal Railroad Safety Act (FRSA) | Whistleblower Protection Program

Our union fought to make whistleblower protection apply to railroaders. It’s here for a reason, and it works.

Recommended Immediate Steps

• Document Everything: Write down exactly what the manager said, the date, the time, and any witnesses. Save any text messages or emails.
• Identify the Cars: Keep a record of the specific car numbers (initials and numbers) that you were told to ignore.
• Report the Threat: Immediately inform your union safety representative (LR). They can help you file a complaint with OSHA (which handles FRSA whistleblower claims).

Remember: You have 180 days from the date of the threat to file.

The “Tag” Rule

If you are performing a Class I or Class IA brake test and you believe a car is defective, the law protects your right to refuse to authorize its use until it is repaired.

This applies to all the equipment you handle or utilize in any way throughout your tour of duty, including:

• Switches
• Derails
• Walking conditions
• Engines
• Rail cars

These protections apply to any defects discovered that pertain to unsafe work-related conditions.

If it smells like a Bad Order, it probably is Bad Order. Tag it, ensure it is properly identified (via your Zebra (company-provided tablet) or the/mi function in the MyUP portal), and set it out.

As professional certified rail employees, we owe it to ourselves, our fellow employees, and to the communities that we work in and travel through to ensure our trains are defect-free and yards are safe to work in.

Don’t let ANYONE stop you from doing that.

In Solidarity and Fraternity,Danny Brewer
Utah State Safety/Legislative Director
SMART-TRANSPORTATION UNION