The transportation industry is one of the most dangerous for its thousands of workers, where accidents too often result in career-ending injuries or death. The existence of conditions and practices that put worker and public safety at risk is something our organization does not tolerate and wishes to correct.
Danger similarly lurks for bus, commuter, production and transit workers. Our efforts include fighting for safer bus and passenger rail/transit operations and workplace conditions.
When received, the union shares safety advisories from federal agencies, but it is important to share advice and alerts from union officers and members that might not gain the agencies’ attention. Use the below link to send a safety report.
On August 6th, in CSX’s Cumberland Yard, SMART-TD lost one of our newest brothers in a temporary close clearance-related accident. This accident is made all the more tragic by the fact that it was 100% preventable.
On Wednesday, August 16th, the Federal Railroad Administration (FRA) put out a notice entitled, “Safety Bulletin 2023-05 in regard to the accident with the subject line of “Shoving Movement Close Clearance Fatality.” Though this is a decent summary of the raw facts of what happened, it doesn’t even begin to tell the whole story of the untimely death of SMART-TD Local 600’s Travis Bradley, the newly hired conductor trainee out of CSX’s Cumberland, Maryland, crew base, which followed the death of another CSX trainee out of Maryland, Derek Scott “D.S.” Little, on July 1.
In early 1998, a federal task force was created to examine railroad switching fatalities. Coordinated by the FRA, this working group consisted of representatives from both rail labor and carrier industry management.
For 22 months they poured over data from the 76 switching deaths that occurred between 1992 and 1998, as well as reviewed the limited data collected from similar fatal events from 1975 – 1991. Every conceivable factor involving each member’s fatality was charted, analyzed and examined in this exhaustive effort to determine the factors that contributed to our deaths as railroad workers.
On October 28, 1999, the very first Switching Operations Fatalities Analysis (SOFA) report containing the Findings and Recommendations of this group was made public. Click here to view the first report.
This first SOFA report contained five major railroad operating recommendations designed to prevent critical injuries and fatalities among our craft, later titled the “Five Lifesavers;” the very first recommendation – SOFA number 1 began with these two sentences:
“Any crew member intending to foul track or equipment must notify the locomotive engineer before such action can take place. The locomotive engineer must then apply locomotive or train brakes, have the reverser centered, and then confirm this action with the individual on the ground.”
Sound familiar?
Now, some members have reported that they have been told to go between rail cars without establishing any such protection (3-step, Red Zone, etc.) and that they would face discipline for delaying trains if they took the time to do so.
But it so happens that over the past two decades, some members also have been disciplined and terminated over alleged failures to obtain such protection when fouling tracks.
This chaos imposed upon a good portion of our membership affects all of us. Couple this with today’s prevailing political philosophy against the supposed evils of regulatory oversight of corporations, especially concerning industrial occupational safety, and we find that protecting ourselves on the job is up to us — now more than ever!
Further, it’s a pretty safe bet that all of us know someone who was injured or worse while railroading. We all understand the hazards associated with our line of work, and we are all familiar with the old saying “the rules are written in blood.” Contrast this with those reports mentioned above that exhibit a blatant intentional disregard of safe working procedures that have been browbeaten into our conscience from our first day in railroad training, and we have no choice but to lead.
Our union’s structure is built upon our ability to look out for each other, and each local has a legislative representative (LR) who is our first line of safety.
Legislative representatives were around long before the carriers started forming company-run safety committees.
We do not oppose these safety committees, and we do rely on the carriers to live up to their responsibility for safety. But remember: We are the leaders in safety — always have been, always will be!
Your union encourages and urges you to work through your local LRs to ensure unsafe conditions and practices are documented, reported and corrected. Email us any question, condition, unsafe trend etc., and we will work to find a resolution.
It is time to lead.
Are you prepared to make the decision?
- How many times have you been a part of a crew-induced emergency?
- Conductors, how many times have you alerted your engineer to take action to stop the train?
- Engineers, do you discuss parameters with your conductors for emergency brake application in your job briefings?
- Conductors, have you ever pulled the emergency brake (dumped the air) to stop your train?
- Do you discuss the possible situation of emergency in your job briefings and develop an action plan?
- Did you know that on the BNSF only three percent of crew-induced emergencies are performed by the conductor?
According to the SMART Rail Safety Task Force, this message is not intended for conductors to take control of the locomotive from the hands of the engineer. This message is meant to encourage crews to work together for safe train operation. Conductors must know they are empowered to take action if deemed necessary after assessing the situation with their engineer. It is paramount for both crewmembers to stay engaged and focused on the task at hand for safe train operations.
All too often when signals are run, speeding is excessive or train handling is improper, conductors say, “I thought the engineer had it.”
Tips for success:
- Job briefing: crews discuss parameters for conductors to take action and put that plan in place for emergency situations.
- Conductors must stay focused and alert your engineer that he or she needs to take action.
- Engineers must remain vigilant and aware of their situation.
CSX operating rule: 301 – control of train speed
- 301.1: Crewmembers must notify the locomotive operator of any condition that requires the train to reduce speed or stop not more than five miles, but not less than two miles, before reaching the condition.
- 301.2: If the locomotive operator fails to control the train in accordance with authorized speed, other crewmembers must take action to ensure the safety of the train. When train speed exceeds authorized speed by:( a.) Less than five mph, other crewmembers must direct the locomotive operator to slow the train to authorized speed, or (b.) five mph or more, other crewmembers must direct the locomotive operator to stop the train and immediately report the occurrence to the proper authority. The train must not proceed until released.
- 301.3: Make an emergency air brake application to stop the train if the: (a.) automatic braking system fails to respond as expected, or (b.) locomotive operator fails to take action when the train is required to stop or (c.) locomotive operator becomes incapacitated.
In-cab communication is an essential element in overall railroad safety. Too many fatal accidents and injuries have been attributed to a lack of or insufficient “in-cab communications.” Peer-to-peer interaction is the key component to effective in-cab communications, according to union safety leaders.
Everyone knows someone who can benefit from peer-to-peer interaction. Post-accident discussions often include statements like “I knew this would happen” or “it was just a matter of time.” It is absolutely critical that we speak up before an incident.
At the end of the day, we all want the same things. We all want to be able to go home to our families the same way we left them. It is our responsibility as union members to speak up any time, anywhere a risky behavior or unsafe action may come up. You never want to have the thought, “I wish I had said something.” We owe it to ourselves, as well as our other brothers and sisters, to speak up and communicate frequently in the locomotive cab about the operations of the train.
The following behaviors should be practiced during every train assignment:
• Continuous job safety briefings: Crewmembers need a complete understanding of the work to be performed, with conversations about potential risks and other job-related exposures. Don’t be timid about asking questions. There are no stupid questions. Your question may save a life. So speak up if you’re unsure about a move!
• Maintaining situational awareness: This includes planning and preparing for the task ahead, doing your best to avoid distractions, distributing your work load, communicating with your crew members and “recognizing a deteriorating situation.” Develop your own technique to minimize the loss of situational awareness. This may include your own personalized method of staying aware or making a check list that you go through repetitively.
• Attention to details: Go over any details that could possibly be overlooked. Follow procedures to ensure all tasks are performed safely. Perform routine or repetitious tasks with care and attention.
• Courage and confidence to speak up when necessary: Don’t be afraid to speak up regardless of craft, seniority, organization or gender. You may save someone’s life. You may save your own life.
• Electronic devices: Be the person on your crew to demonstrate that your cell phone is off and stowed away when prohibited by rule or regulation. It’s not only because of the rules and regulations that we should do this. It’s the right thing to do to insure safety for ourselves and other crew members.
• Lead by example: As union workers, we must always demonstrate that we are the best and safest workforce money can buy.
As most railroaders can attest, there are times that procedures and operating rules set by the FRA or imposed by carriers can be difficult to understand. The language may seem vague, and the ballast-level application often is left up to interpretation, which leads to ambiguity and confusion.
Other rules and procedures are crystal clear, but the ballast-level application depends on an individual’s level of training and professionalism.
With conductor certification, this responsibility has been highlighted and enhanced, and retaining certification can depend on proper ballast-level application of operating rules.
This brings us to the proper application of one of the most important and consistent rules throughout the nation, which was put into place by the FRA to protect life, limb and property during circumstances that require the utmost attention to detail and all crew members’ undivided attention: restricted speed.
The foundation of restricted speed for all rail carriers is found at Code of Federal Regulations, Section 49, Part 236, Subpart G-Definitions § 236.812, dealing with speed restriction. It requires “A speed that will permit stopping within one-half the range of vision, but not exceeding 20 miles per hour.”
Many will read that statement and proceed at the limits of that definition — a speed of 20 miles per hour — completely overlooking the true intent of the regulation.
Restricted speed is not a posted speed that we strive to maintain. It is as crystal-clear a word that can be used in a procedure: Restricted based on circumstance – circumstance that only those in the locomotive cab can truly apply to ensure safe operation.
Is there a train ahead? Broken rail? Faulty signals? The circumstances surrounding the use of restricted speed may vary, but the importance of protecting life, limb and property never changes.
In short, restricted speed is a warning that something in front of you has the ability to get you fired, hurt or killed.
When restricted speed is required, the warning should bring one out of your seat – make the hair on the back of your neck stand – because that is how dangerous the situation is at that point.
When speed is restricted, every element of your job should have your undivided attention, looking for what lies ahead — moving at a speed that will allow stopping in an instant when the unknown becomes known.
An in-depth job briefing among crew members is a must, and at times should include contacting the dispatcher for as much pertinent information as possible.
When speed is restricted, engineers and conductors must insist that each other drop all other activities, remain vigilant and attentive at the task at hand.
Conductors must be in position to stop the movement immediately should any doubt arise that the train is not under control using the provided emergency brake handle on their side of the locomotive.
With conductor certification, you are now held accountable, and it is only logical that you place the train into emergency 10 times than to gamble with your life once.
Be wise and learn from the mistakes of others who failed to follow rules, procedures and signal systems that were designed over decades to prevent such collisions.
Your union urges you to operate at a speed that will allow you to go home to your family in once piece — never allowing others to set your level of personal safety.
The Federal Railroad Administration’s permanent ban on use of electronic devices, including cellphones, became effective March 28, 2011.
Please make careful note of the following:
- In the event of a collision, derailment or fatality, one of the first actions taken by National Transportation Safety Board investigators is pull the phone records of all crew members involved.
- NTSB investigators ALSO pull the phone records of crew members on other trains in the area of the event, including the last train at that location, or any other person they think may even remotely shed light on the event being investigated.
- You don’t have to be directly involved to have your phone records examined by NTSB investigators.
The NTSB has authority under the law to demand these records from cellphone providers. These actions are taken because the NTSB considers distractions to be major contributors to collisions, derailments and fatalities, and the use of electronic devices, including cellphones, are considered a distraction.
Moreover, a carrier’s rule relating to the FRA ban on the use of electronic devices, including cellphones, may be more restrictive than the FRA regulations.
It is thus essential you also be aware of your carrier’s rules as they relate to the electronic device and cellphone ban. While the FRA does not permit carrier bans to be less restrictive than the FRA final rule on the ban, the FRA does permit carriers to have a more restrictive rule.
Your union cautions that the safest course of action for our members working in train service is to turn off your cellphone at the beginning of a shift and keep it off.
Many of our members are taking a leadership role in reminding fellow crew members to turn off cellphones and other electronic devices.
We understand many conductors and engineers are starting their shift by showing other crew members that they have turned off their phone.
This is an outstanding way to promote safety through leadership, and we encourage each member to be a leader in this effort.
Highlights of the permanent ban on electronic devices and cellphones:
- The ban prohibits the use of an electronic device — whether personal or railroad supplied — if it interferes with that employee’s or another employee’s performance of safety-related duties. This means while the train is moving, a member of the crew is on the ground or riding rolling equipment during switching, or any railroad employee is assisting in the preparation of the train for movement.
- While railroad-supplied electronic devices may not be used by the engineer while the train is moving, they may be used by the conductor for authorized business purposes in the cab if use does not interfere with performance of safety-related duties, a safety briefing is conducted that includes all crew members, and all crew members agree that it is safe to use the railroad-supplied electronic device.
- There is no exception for personal or medical emergencies, such as to check on an ill or injured family member.
- The ban includes use of personal global positioning service (GPS) devices.
- The use of calculators is permitted for determining formulas such as train stopping calculations or tons per operative brake.
- Stand-alone cameras (not part of a cellphone or other electronic device) are permitted to document a safety hazard or a violation of a rail safety law, regulation order, or standard. The camera must be turned off immediately after use. Stand-alone cameras may not be used by the engineer for the above purposes when the train is in motion.
- Crew members may use railroad-supplied multi-functional devices that include a camera for authorized business purposes as specified by the railroad in writing, and only after being approved by the FRA. An engineer is banned from using such a device when the train is in motion. The railroad-supplied device must be turned off immediately after use.
- Deadheading crews may use personal electronic devices when not in the cab of the controlling locomotive and such use does not compromise the safety of any operating employee or the safety duties of another operating employee. But when in the cab of the controlling locomotive, deadheading employees are prohibited from using any electronic devices; and they must be turned off and the earpiece must be removed.
- Personal medical devices such as hearing aids and blood sugar monitors may be used, but must be consistent with the railroad’s standards for medical fitness for duty.
- A passenger train conductor or assistant conductor may use a railroad-supplied electronic or electrical device for an approved business purpose while on duty within the body of a passenger train or railroad business car. Use of the device shall not interfere with the responsibility to call or acknowledge any signal, inspect any passing train, or perform any other safety-sensitive duty assigned under the railroad’s operating rules and special instructions.
- A passenger-train conductor or assistant conductor located inside the cab may use a GPS application or a railroad-supplied camera if the crew has held a safety briefing and all crewmembers have unanimously agreed that it is safe to use the device.
- A passenger-train crewmember outside the cab of a locomotive may use a railroad-supplied camera to photograph a safety hazard if it is for an authorized business purpose and does not interfere with safety-related duties.
- Railroads have the right to implement their own more stringent rules on the use of electronic devices; but railroads may not liberalize any provisions of the FRA permanent ban.
- The ban does not subject engineers or conductors (when conductor certification is implemented) to revocation of their certification for a violation of the ban.
- The FRA has authority under the law to subpoena cellphone records from a cellphone provider.
To read the FRA’s final 40-page rule imposing the permanent ban on electronic devices, including cellphones, click on the following link:
Rail security remains a constant threat to the nation’s railroads and our members. President Futhey wrote of this concern in a recent leadership message, “We need training to spot trouble.”
Based on recent events, the UTU’s Rail Safety Task Force strongly encourages all railroaders to remain vigilant in our effort to recognize potential threats.
That message was hammered home at a recent FRA hazardous materials seminar in Hot Springs, Ark. The hazardous materials specialist told a chilling story of a recent routine inspection of a rail yard.
The FRA specialist was approached by a conductor and asked, “Are you back again? We were just inspected a few days ago.”
The FRA specialist inquired about the suspicious individual’s description and what happened. Immediately, he realized that the FRA had no one in the region that fit the description.
The facts became more chilling.
When the possible terrorist was asked by a crew member as to whom he was, the individual flipped out a badge and quickly closed it without giving the crew member an opportunity to inspect it. The suspicious individual went as far as to inquire about the chemicals vinyl chloride and ammonia nitrate — if there were any cars in the yard with those chemicals, and the frequency they were there.
With rail crews subjected to physical abuse, robberies and threats from public trespassers, the potential for a breach in security seems to be trending in the wrong direction.
Your union reminds our members to focus on the following:
KNOW YOUR WORKSITE: Know your area officers, co-workers, FRA and TSA inspectors — if not personally, at least by name or face.
If a person or vehicle looks out of place, and you are unsure of who an individual is, or if suspicions arise for any reason, follow your railroad’s guidelines to ensure that person remains on the property. In many cases this may involve contacting the proper authority to handle the threat.
All federal agents are required to present proper identification upon request. In cases of trespassers, caution should always be taken and it may be best to let those authorized to handle such situations handle them.
MAINTAIN SITUATIONAL AWARENESS: Be aware of suspicious individuals and items. We generally travel and work the same areas. If something looks out of place, report it immediately. Do not leave a potential threat for others to handle.
Be aware of high risk locations, such as fuel facilities, hazardous materials cars, radio towers, and dimly lit areas. Make sure to inspect safety appliances and use them if they are required.
Inspect all locks, gates, doors and derails that are used as safety devices, and report those that are found to be damaged or missing to the proper authority.
As always, our first line of defense is ensuring that any issues that may impair our personal safety are properly handled in an expedient manner. Those on the ballast see or hear it first, and it is those on the ballast who are most in harm’s way.
The 24 days between Dec. 22 and Jan. 14 have proven the most deadly for railroad workers. More fatalities and career-ending injuries occur during this calendar period than any other.
With the holiday season upon us, we owe it to ourselves and our families to keep the season joyous and free from needless sorrow. Safety is a gift we keep giving our families.
Returning home to our families in one piece requires more than simply saying, “Be careful out there.”
Since 1998, the Switching Operations Fatalities Analysis (SOFA) working group — comprised of representatives from labor, management and the FRA — has devoted itself to bringing railroaders home to their families in one piece.
SOFA’s five lifesaving tips can save yours, as they have saved countless other railroaders from death and career-ending injuries:
- Secure all equipment before action is taken.
- Protect employees against moving equipment.
- Discuss safety at the beginning of a job or when work changes.
- Communicate before action is taken.
- Mentor less experienced employees to perform service safely.
The SOFA working group also warns of special switching hazards:
- Close clearances
- Shoving movements
- Unsecured cars
- Free rolling rail cars
- Exposure to mainline trains
- Tripping, slipping or falling
- Unexpected movement of cars
- Adverse environmental conditions
- Equipment defects
- Motor vehicles or loading devices
- Drugs and alcohol
In the 17 years since 1992, only four have been fatality free, and almost 12 percent of all on-duty employee fatalities have occurred during the 24 days between Dec. 22 and Jan. 14.
Staying vigilant and heightening your situational awareness — by following the SOFA working groups life-saving tips, by being aware of special switching hazards, and by encouraging increased communication among crew members, limiting task overload and focusing on the task at hand — is the most effective way to return home to your families in one piece.
And remember: almost as many injuries and deaths involve employees with many years of seniority as new hires.
Let’s not permit ourselves to drift into mental vacations. As the SOFA working group says, warnings “can be viewed as numbers on a page, but the loss of a railroad employee is real, and brings sadness to their family, co-employees and friends.”
The value of detailed documentation can never be overstated.
Members have been empowered to address the issue of harassment and intimidation though federal whistleblower protection that is written into law.
This protection already has had a positive impact. Recently, an investigation by the Occupational Safety and Health Administration (OSHA), which followed information from a whistleblower, resulted in $300,000 in multiple punitive damage awards against commuter railroad Metro North
Your union has received many complaints about harassment and intimidation.
Some of the carriers have made a relentless practice of harassment for the sake of productivity, with little or no regard for our members’ safety. With your detailed documentation, this will change.
In addition to reporting all dangerous safety conditions to your respective carriers, your report should be made to your local legislative representative and state legislative director, with copies to your local chairperson and other local officers.
Your report should contain pertinent information, such as:
- Date and time with job/train ID
- Location
- Name of carrier official who instructed you to make an unsafe act or safety violation.
- Statement of the alleged safety violation, including threats, harassment, intimidation or unsafe events directly attributing to this situation.
By your paper trail of documentation, your LRs and SLDs can take the appropriate actions.
Your union suggests you familiarize yourself with these procedures in order that we all share a safer workplace.
A summary of whistleblower protection under the law follows:
The Law and its Protections:
(a) In General. — A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done—
(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—
(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978.
(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation;
(7) to accurately report hours on duty.
In addition,
(8) A railroad or person shall not deny, delay, or interfere with the medical or first aid treatment of an injured employee. If transportation to a hospital is requested by an injured employee, the railroad shall promptly arrange to have the injured employee transported to the nearest medically appropriate hospital. A railroad shall not discipline, or threaten discipline to an employee seeking medical treatment, or for following orders or a treatment plan of a treating physician. Provided, however, it will not be a violation if the refusal by the railroad is pursuant to the FRA’s medical standards regs. or a carrier’s medical standards for fitness for duty.
Remedies:
(1) In general.— An employee prevailing in any action shall be entitled to all relief necessary to make the employee whole.
(2) Damages.— Relief shall include —
(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(3) Possible relief.— Relief in any action may include punitive damages in an amount not to exceed $250,000.
(e) Election of Remedies.— An employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the railroad carrier.
Career-ending personal injuries and fatalities have continued to increase in the rail industry.
To educate members on the circumstances of these incidents, and in attempts to avoid them in the future, your union urges that each of you continue to look out for each other and forward your ideas and concerns about workplace safety to them so they may address them.
Interactive communication and “looking out for each other” is imperative to bringing us all home from work in one piece.
To ensure we all go home to our families in one piece, your union asks for a 100 percent commitment to rules compliance and to the following eight activities:
- Job briefings: Ensure all crew members are present for job briefings, and focus on risk assessment.
- Situational awareness: Constantly be aware of your surroundings and maintain situational awareness to avoid risks associated with the required tasks and work within the limits of your capabilities.
- On/off standing equipment: Keep hands free of other objects and maintain three point contact, always being vigilant for equipment movement.
- Avoid slips, trips and falls: Keep your eyes on the footpath and report any unsafe walking conditions to your local legislative representative for handling.
- Radio communications: Always use proper identification, provide car counts when shoving, do not engage in excessive chatter; use “over and out.”
- Put safety first: Performing a task safety is more important than the time it takes to complete it. The only “good move” is one done 100 percent by the rules.
- Ask questions: If any uncertainty arises, take the time to ask questions. Do not take risks or assume anything.
- Be in charge of your own safety: Do not let others set YOUR level of safety. Report harassment and intimidation.
This safety alert focuses on the job of protecting the point while riding rail cars.
In such situations, here are facts to consider and questions to ask yourself as part of assuring you return home to your family in one piece:
- Are you controlling the movement to really allow stopping within half the range of vision? Are you really protecting yourself?
- Have you considered walking as a safer alternative in some cases?
- From how far away can you see a one-inch gap in switch points? In daylight, it’s about 130 feet, at most. And the average railroad issued lantern casts light for approximately 70 feet
- Do you know how many feet per second you are moving at 10 mph? The answer is 15-feet per SECOND; and at 8 mph, it is about 12-feet per second.
- Now contemplate that you are protecting the point during daylight, with a single engine shoving 10 loaded lumber cars on flat grade at 15 mph. Now, you see a gapped switch. It will take you 8.6 seconds to stop.
- If you are shoving too fast, are you rolling the dice?
- Now contemplate what would happen if the shoving movement at 15 mph were a crossover lined into a cut of cars, or a car left out to foul.
- In such a situation should you consider stopping the movement and walking ahead to inspect and protect?
- There have, recently, been a great number of shoving-related fatalities and career ending injuries in our industry. Please be careful. Always maintain situational awareness. It’s very dangerous out there, and your family wants you back home in one piece.
While your union has consistently taken exception to single-person operations, in reality it exists today. Accordingly, our members should be aware of the safest course in an unsafe situation.
Members working in single-person operations are strongly encouraged to question any order by a railroad official to perform any activities that may result in an injury, loss of limb or life — short of insubordination.
If your request to be relieved of such a task is denied, please immediately contact your local chairperson, general chairperson, local legislative representative or state legislative director for further handling.
In doing so, document these actions as soon as you are able, providing as much information as possible, including witnesses, times, dates, locations and names of all involved.
Following is the proper procedure to handle any types of incidents you feel cannot be safely accomplished by a one-person operation:
1) Call for help, such as a utility employee and/or the mechanical department to assist with the function while the RCO operator maintains control of the RCL transmitter (belt pack) and provides three-step protection. All blue flag rules still apply.
Following are FRA regulations relating to the functions of a “utility employee.”
A utility employee properly attached to a train or yard crew, per the requirements of 49 CFR 218.22(c)(1), (2), (3) and (4), may go on, under or between rolling equipment that the crew is called to operate to perform any of the six functions permitted by 49 CFR 218.22(c)(5), without blue signal protection.
The following are the only six functions permitted:
- Set or release hand brakes.
- Couple or uncouple air hoses and other electrical or mechanical connections.
- Prepare rail cars for coupling. (This means opening knuckles, adjusting drawbars, arranging air hoses etc. It does not mean making repairs, such as changing a knuckle or replacing an air hose.)
- Set wheel blocks or wheel chains.
- Conduct air brake tests to include cutting air brake components in or out and position retaining valves.
- Inspect, test, install, remove or replace a rear-end marking device or end-of-train device.
Under all other circumstances, a utility employee working on, under, or between railroad rolling equipment must be provided with blue signal protection in accordance with §§ 218.23 through 218.30 of Subpart B to Part 218.
2) If help is not available, notify management that you are concerned the function you are being required to perform is unsafe, and that you would prefer not to perform the function.
3) If the carrier official (supervisor, manager) insists that you perform the unsafe function anyway, tell him/her you feel this would place your personal safety in jeopardy and ask that they reconsider your request.
4) If the carrier official denies your request, perform the function as instructed, taking every safety protection available, including:
- Making sure everyone working on both ends of the yard knows where you are, and that you are about to be on your own under or between cars on the track and without blue-flag protection.
- Make sure the belt pack is set to prevent the locomotive from moving.
- Secure cars on a cut located on the oppose side of where the locomotive is attached (to prevent rollback).
- Keep a constant eye and ear out for any movement whatsoever.
- Keep the belt pack on, to ensure the man-down feature is operable (or as near as safely possible without creating a tripping hazard), just in case it’s needed.
5) After being required to perform the function, report these occurrences to you local legislative representative, safety chairpersons and local chairpersons.
Over the past three years, we have been witness to a growing number of on-duty employee fatalities and career-ending injuries. Too often, the news of these fatalities and injuries travels with inaccurate facts based on hearsay or carrier statements intended more to protect the carrier from liability than to determine the root cause of the accident. Job briefings and town hall meetings conducted by the carriers too often assess blame, naming of rules that were violated — but rarely do they discuss the entire body of evidence that eventually comes out in National Transportation Board hearings and FELA lawsuits.
Statements such as, “95 percent of all accidents are because of human error,” are factually inaccurate. It is well established that fatigue, training and unsafe work environments contribute substantially to many accidents.
Only through accurate reporting can we properly determine the cause of accidents and, more importantly, work to correct the conditions that caused them. Only an emphasis on education and correction — not on assessing blame and imposing discipline — will make the workplace safer.
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