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WASHINGTON — The senior Republican on the Senate Commerce Committee, Kay Bailey Hutchison of Texas, introduced legislation Feb. 8 to reduce the rail route miles over which positive train control (PTC) must be implemented before January 2016.

Senate co-sponsors include John Thune (R-S.D.), Roger Wicker (R-Miss.) and Tom Coburn (R-Okla.).

The Rail Safety Improvement Act of 2008 mandated PTC be installed, and the Federal Railroad Administration followed with a regulation ordering PTC to be installed on some 73,000 miles of track — those carrying passengers and freight cars containing toxic inhalation hazard chemicals — by Dec. 31, 2015.

PTC is a collision-avoidance overlay system for locomotives, using global positioning satellites and computer software.

In a Jan. 8 press release, Hutchison said her legislation is not intended to roll back the congressional mandate, but rather reduce the number of track miles on which PTC must be installed.

“Traffic patterns for shipping toxic chemicals are changing,” Hutchison said. “This means that at least 10,000 route miles used to move chemicals in 2008 are no longer expected to transport these products in 2015.”

The proposed legislation follows a visit by railroad CEOs in late January to officials of the Obama administration, in which they reportedly said they are in the process of concentrating toxic inhalation hazards on fewer miles of track, and that the PTC mandate should affect traffic patterns expected in 2015 rather than traffic patterns in 2008.

Hutchison called the FRA’s PTC mandate “an example of regulatory excess that is costing America’s businesses billions of dollars with no obvious benefits. We must rein in the regulatory bureaucracy in order to unleash innovation and investment and spur job growth,” Hutchison said. “This commonsense bill would reduce compliance costs without impacting the safety or security of our country’s rail lines.

“By requiring the use of the 2015 traffic patterns, this bill will do much to address the mistakes made by the FRA in implementing this mandate,” Hutchison said.

If a congressionally ordered railroad risk reduction program is to be effective, the Federal Railroad Administration must include railroad employees and their labor unions in the process of evaluating and managing the program.

That is the message seven rail labor organizations sent to the FRA Feb. 8 in response to an earlier FRA notice of proposed rulemaking implementing a risk reduction program.

The program was ordered by Congress in the Rail Safety Improvement Act of 2008 (RSIA). Its purpose is to reduce the consequences and rates of railroad accidents, incidents, injuries and fatalities.

The UTU was joined by the American Train Dispatchers Association, Brotherhood of Locomotive Engineers and Trainmen, Brotherhood of Maintenance of Way Employes, Brotherhood of Railroad Signalmen, Brotherhood of Railway Carmen and Transport Workers Union in commenting to the FRA.

Congress specifically concluded that having railroads “unilaterally decide issues of safety would not be in the public interest,” the UTU and the other labor organizations told the FRA. Yet, the notice of proposed rulemaking “undermines” that congressional intent.

To ensure an effective risk reduction program, the FRA must solicit rail labor input and participation, said the labor organizations. Specific to train and engine workers, such participation must include:

  • Technology implementation.
  • Fatigue management.
  • Risks posed by joint operations, including passenger and commuter trains.
  • Security risks.
  • National Transportation Safety Board recommendations.
  • Disclosure of all carrier bonus, incentive and compensation systems that reward management employees for meeting or exceeding safety related goals, targets, benchmarks or milestones.
  • Disclosure of policies and data related to waiver and discipline practices that in any way discourage accurate reporting of accidents, incidents, injuries or close calls.

The labor organizations also asked the FRA to develop historical data on the following:

  • Number of disciplinary charges filed for rule violations.
  • Number of whistle-blower cases filed by employees.
  • Number of employee dismissals.
  • Number of FRA reportable injuries.
  • Number of meet and confer sessions related to safety.
  • Safety records of regional and shortline railroads.
  • Retaliation, intimidation and overall culture, attitude and policy toward safety reporting by employees.
  • Safety incentive programs and policies that create peer pressure within work groups not to report injuries in order to preserve incentive prizes.
  • A carrier’s past response to risk, hazards, defects, near misses and safety complaints reported by employees.
  • The effectiveness of operating rules and practices in risk reduction.
  • The effectiveness of safety and training programs.

Additionally, the labor organizations asked the FRA to “pay particular attention to railroads that regularly intimidate employees to cut corners [and] hold formal hearings and discipline employees whenever accidents or injuries are reported.”

The process for evaluating and managing a risk reduction program must also include direct employee input, said the labor organizations. “There is no substitute for interviewing employees actually doing the work,” and such interviews should mask the identity of employees to ensure “they may speak freely.”

Of special importance to train and engine workers is the implementation of a fatigue management plan. “A human being cannot possibly be rested to work safely unless that human being knows when they must report for service,” said the labor organizations. “Often, safety critical employees are forced to report for service even when fatigued, or [they] face disciplinary hearings and loss of employment.

“We encourage the FRA to take immediate action to require 10 hours of advance notification for all operating employees not otherwise on assignments with defined start times,” said the labor organizations.

To read the comments of the seven labor organizations, click here.

To read the FRA’s earlier notice of proposed rulemaking, click on the following link:

www.gpo.gov/fdsys/pkg/FR-2010-12-08/pdf/2010-30836.pdf

It’s winter — the three months of the year during which a significant number of yard fatalities and career-ending injuries occur.

The FRA says risk is concentrated in cold-weather states, but those in warmer climates are not immune, because darkness is a factor along with cold weather and slippery ground conditions that contribute to falls.

An elevated risk during winter is the risk of being struck on mainline track by a passing train, says the FRA.

Of special concern this winter are new workers and experienced workers who have recently been brought back from furlough. “Productivity expectations should adjust to employee experience,” says the FRA, which urges that crew composition should pair an inexperienced employee with experienced employees when possible.

The UTU participates in the Switching Operations Fatalities Analysis (SOFA) working group, which includes labor, management and the FRA — all collaborating to bring railroaders home to their families in one piece.

SOFA’s five lifesaving tips can save yours:

  • 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

Going home to your family in one piece requires situational awareness. SOFA’s life-saving tips are proven to reduce your risk of a career-ending injury or death while on the job.

First it was Union Pacific wanting to have its trains inspected in Mexico.

Now BNSF is making the same plea to the FRA — and as the UTU and other rail unions did in the case of UP — the FRA is being advised to, “just say no.”

Putting safety first cannot co-exist with farming out crucial safety inspections to the lowest bidder, the UTU and the other labor organizations told the FRA in the case of both UP (in October) and BNSF (in December).

To begin with, the Rail Safety Improvement Act of 2008 established standards to be met when railroads seek safety waivers, such as wanting trains inspected south of the border.

The UTU, the Brotherhood of Locomotive Engineers & Trainmen, the Brotherhood of Railroad Signalmen, the Brotherhood of Maintenance of Way Employes and the American Train Dispatchers Association contend that neither UP nor BNSF have demonstrated that the inspections in Mexico will meet minimum FRA standards.

In fact, neither UP nor BNSF has shown that the FRA will have the uninhibited authority to examine the Mexican facilities where the safety inspections would be made.

Furthermore, said the UTU and other labor organizations, moving the inspections south of the border would be in direct conflict with congressional policy — and eminent common sense — to preserve employment in the U.S. during this lengthy and stalled recession.

The labor organizations told the FRA that “it is common” for cars from Mexico to enter the U.S. “with handbrakes applied, retaining valves set, angle cocks closed and bad order cars located within the train.

“Not to be overlooked is the fact that these trains also frequently are transporting hazardous materials cars,” the UTU and other labor organizations told the FRA.

“Historically, the FRA has denied requests for waivers of air brake and mechanical safety inspections on trains entering the U.S. if the request involves movement of the trains past a point where the inspections can be performed,” said the labor organizations.

An educational website focusing on sleep, sleep disorders and fatigue management is being created in a collaborative effort among the UTU, the Brotherhood of Locomotive Engineers and Trainmen, the Federal Railroad Administration, sleep medicine experts at Harvard Medical School, and Boston Public Radio station WGBH, which is Public Broadcasting’s largest producer of education  web and television content.

Input from UTU rail members, nationwide, is essential to the project.

UTU members are encouraged to complete an anonymous, online survey that should take no more than 15 minutes.

To respond to the question and complete the survey, click on the following link:

www.zoomerang.com/Survey/WEB22BBLHSEXZA

Additional information on the project and its website — Sleep Health for Railroaders — is available by clicking on the following link:

http://sleep.med.harvard.edu/ext/railroaders/

By International President Mike Futhey

What do the Nov. 2 congressional election results mean for UTU members and their families?

Consider these facts that are not always obvious:

  • While it is true that organized labor has more friends among Democrats, many of the Republicans elected Nov. 2 are friends of working families, and they received UTU PAC support and were on our voting recommendations list.
  • The UTU is a bipartisan union, historically and consistently looking beyond party labels to reward each and every friend of working families.
  • Among our Republican friends, for example, are Rep. Don Young of Alaska, and Sen. Orrin Hatch of Utah. Republican Sen. Hatch is one of the strongest congressional defenders of the Federal Employers’ Liability Act (FELA), while Republican Rep. Young has been one of the UTU’s most ardent supporters in the House of Representatives.
  • One of the most important congressional committees to UTU members — airline, bus and rail — is the House Transportation & Infrastructure Committee, where most legislation affecting the transportation industries originates. Among Transportation & Infrastructure Committee members, more than 66 percent — Democrats and Republicans — who were endorsed by the UTU won re-election Nov. 2.
  • In all congressional races Nov. 2, more than 60 percent of UTU endorsed candidates won election or re-election. Imagine if you could win a poker hand more than 60 percent of the time, or hit safely six of 10 times at bat as a major league ballplayer.
  • Despite the change in party control in the House of Representatives, UTU recommended candidates are still a majority, meaning the UTU National Legislative Office can continue to work successfully on issues that matter to our members — job security, safety, health care and retirement benefits, as well as adequate public funding for Amtrak and public transit.
  • Key regulatory agencies, such as the Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Aviation Administration, National Mediation Board, and National Labor Relations Board, will continue to have labor-friendly majority control.
  • The UTU’s GOTV — “get out the vote” — effort this election year resulted in thousands of UTU members and families, who were not previously registered or hadn’t voted in the previous (2006) non-presidential election, registering to vote and casting ballots in congressional races.
  • In states where early voting is permitted, preliminary polling by GOTV shows that as many as 20 percent of UTU members and spouses who cast an early ballot had not voted in the 2006 non-presidential election. This proved important in close races.
  • On behalf of the UTU, GOTV — in partnership with UTU state legislative directors and the UTU Auxiliary — made more than 210,000 unique member contacts in 28 states via the postal service, e-mail and telephone calls, urging UTU members and their families to register to vote and to vote in this election.
  • By encouraging a higher percentage of UTU members to register to vote and to vote, we demonstrate to candidates the power of UTU endorsements — and, especially, that in close races, a UTU endorsement has great value to a candidate.
  • Candidates remember their friends in the same manner organized labor remembers its friends.
  • As the proverb says, “It’s not the will to win, but the will to prepare to win that makes a difference.” What the UTU PAC and GOTV demonstrate to candidates of all political stripes is that the UTU is a friend worth having.
  • The UTU has always had a great legislative program, but what we have accomplished this election through GOTV sets a new standard and benchmark to measure future advances.
  • When the new Congress is seated in 2011, we will be working closely with our old and new friends to continue advancing the UTU legislative agenda on behalf of our members.

Iowa Interstate Railroad and Amtrak are intending jointly to launch conventional-speed (79 mph) passenger service between Chicago and Iowa City over a previously abandoned rail line, reports progressiverailroading.com.

The proposed service, reported progressiverailroading.com, has been approved by the Federal Railroad Administration, but is not expected to begin prior to 2013.

Progressiverailroading.com quoted Iowa Interstate CEO Dennis Miller that the railroad has “spent many hours working with local community leaders, the states of Iowa and Illinois, and Amtrak to make sure that if this service was approved, we could handle it in conjunction with our existing and growing freight business.”

Perhaps contradicting many Class I freight CEOs — who are cool about expanding passenger service over freight railroad track — Iowa Interstate Chairman Henry Posner III, a former Conrail executive, was quoted by progressiverailroading.com that, “The lesson here is that a healthy freight network is the single most important building block for passenger service.”

(The following is a security alert from the UTU’s Rail Safety Task Force.)

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.

The UTU Rail Safety Task Force 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.

For more information on the UTU Rail Safety Task Force, click below:

http://utu.org/utu-rail-safety-task-force/

In solidarity,

UTU Rail Safety Task Force

Greg Hynes, UTU Arizona state legislative director

Steve Evans, UTU Arkansas state legislative director

Jerry Gibson, UTU Michigan state legislative director

By Assistant President Arty Martin

Viewers of the cable television sitcom, Fawlty Towers, may recall an episode in which Basil Fawlty (played by John Cleese) beat his broken-down car with a branch, blaming the car rather than his own failure to maintain it.

Being too negatively focused on a problem rather than identifying and pursuing a workable solution can be a costly error in the workplace.

Remote control operations come to mind. For sure, remote control cost jobs, but beating up on new technology has never preserved jobs in the long run, and diverts our productive energies from crafting a positive strategy to ensure new technology is safe and that those using the new technology are properly trained and compensated for their improved skills.

An example of positive problem solving through the identification of workable solutions is a recent joint petition filed with the FRA by the UTU and the BLET seeking a safety rule requiring a qualified conductor be aboard every freight train.

Indeed, a priority of the UTU International is finding positive solutions to problems affecting our membership.

Consider other recent initiatives:

In the face of an unacceptable increase in rail-employee fatalities and career-ending injuries, a rail safety task force was appointed by UTU International President Mike Futhey to gather information and make recommendations regarding employee safety. The task force has an interactive Web page accessible from the UTU home page at www.utu.org.

Within the next couple of weeks, the task force will post a member survey on its Web page, seeking information on workplace distractions, carrier-enforced work practices, instances of worker fatigue, and other workplace safety problems.

The Web page also encourages direct communication with task force members, intended to help the task force gather detailed facts required to back-up recommendations the task force will be making to the carriers for remedial action; and, if necessary, by the UTU International to the FRA and Congress.

Moreover, the International leadership is meeting with other rail labor organizations to build a coalition aimed at convincing the carriers that intimidation, harassment and excessive discipline are jeopardizing the ability of workers to do their jobs efficiently and safely.

President Futhey’s column in the September issue of the UTU News, which will reach your mailboxes within the next 10 days, speaks more to that problem; and the column will be posted at www.utu.org next week.

President Futhey encourages members to contact local chairpersons and general chairpersons to alert them to workplace situations where members unnecessarily are forced to look over their shoulder rather than focus on doing their jobs efficiently and safely. State legislative directors should always be made aware of safety problems on the job.

A listing of contact information for International vice presidents and other senior International officers also will accompany that column. This is an open-door administration and we want to hear from you.

While the Rail Safety Improvement Act of 2008 does not contain all we wanted — and contains some provisions we didn’t want — we are working with other rail labor organizations toward a fine-tuning of that law. The law did give us conductor certification, and President Futhey has appointed a UTU team to an FRA Rail Safety Advisory Committee (RSAC) to work toward a carrier/labor/FRA consensus on certifying conductors.

Also, in a joint submission aimed at improving safety and the security of member paychecks, the UTU and the BLET have asked the FRA to clarify and simplify its interim policies and interpretations relating to hours of service provisions of the Rail Safety Improvement Act.

Additionally, in conjunction with the BLET, we are working closely with the FRA to ensure that the FRA’s rules on Positive Train Control — whose implementation is mandated no later than 2015 by the Rail Safety Improvement Act — include provisions to ensure the technology is properly tested and monitored, that operating crews are properly trained, and that employee and public safety be the number one priority over all other considerations.

With regard to our airline members, the UTU is working with others in transportation labor to gain legislation eliminating flight-crew fatigue and to bring flight attendants under protections of OSHA.

As for our bus members, the UTU is working through the AFL-CIO for changes in commercial driver’s license regulations that subject bus operators to loss of their jobs if they receive citations while operating personal automobiles. We also are working to gain legislation requiring improved crash-resistant buses, uniform driver-training standards, and required training in dealing with abusive and threatening passengers.

Finally, member suggestions as to what the UTU should propose in Railway Labor Act Section 6 notices (the first step in revising the national rail contract), have been catalogued and the District 1 Association of General Chairpersons will soon be finalizing them prior to our Section 6 notices being served on the carriers in November.

To keep current on what the UTU is doing on your behalf to protect jobs and improve wages, benefits and working conditions, sign up for e-mail alerts by clicking on the link below:

https://webapps.utu.org/WebSiteForms/EmailAlert.aspx

As the Federal Railroad Administration (FRA) works toward having effective safety regulations in place for the operation of positive train control prior to its 2015 congressionally mandated implementation, the agency is reaching out for feedback to its early proposals. In fact, many PTC operations likely will commence prior to 2015 mandatory date.

In response to specific questions asked by the FRA at a recent public hearing, the UTU and five other rail labor organizations jointly responded with regard to permissible use of certain locomotives, required enforcement of PTC’s ability to correct train overspeed, permissible use of non-PTC equipped or functional trains on PTC-required track, and use of unequipped trains and failed PTC trains.

  • The location of PTC-equipped locomotives in the engine consist: The FRA asked how a railroad is to handle a situation where an engine that is PTC-equipped is positioned with long hood forward or has a broken air conditioning unit. 

Responsible operating personnel recognize that operating a North American cab locomotive in the long hood forward position is patently unsafe and should only be permitted for short distances and then only in emergency situations, said the labor organizations.

Operating trains with the long hood forward presents safety concerns because the engineer has a limited view of the railroad with that configuration.