WASHINGTON – Warnings of speed violations have been issued by the National Transportation Safety Board, which urges unions, their members, carriers and the Federal Railroad Administration to work collaboratively to ensure compliance of train and engine crews with speed restrictions.

The NTSB action followed its investigation of five rear-end collisions where the NTSB concluded that crewmembers “failed to operate their trains at the required restricted speed.” Two of the rear-end collisions resulted in fatalities.

Said the NTSB:

“Signal systems provide for the safe separation between trains. However, there are times when trains are authorized to occupy the same sections of track. In these cases, safe train operations rely solely on crewmember compliance with the railroad’s restricted speed requirements.

“Typically, these requirements include being prepared to stop within one-half the range of vision. Complete understanding of, and strict compliance with, restricted speed requirements are absolutely mandatory to prevent catastrophic train collisions.”

Specifically, the NTSB urged the UTU and the Brotherhood of Locomotive Engineers and Trainmen to educate their respective rail membership so that all involved recognize “the importance of operating their trains in accordance with restricted speed operating rules.”

Additionally, the NTSB urged the UTU and the BLET to work collaboratively with railroads “to identify the potential for similar occurrences and to take appropriate mitigating actions.”

The NTSB also urged railroads to “emphasize adequate training and ensure the compliance of train crews operating at restricted speeds.”

The NTSB does not have regulatory authority – only investigative authority. Thus, the NTSB makes recommendations to carriers, labor organizations and the Federal Railroad Administration – the latter having regulatory authority over rail safety.

The five accidents referred to by the NTSB were:

* Red Oak, Iowa, April 17, 2011, on BNSF

* Low Moor, Va., May 21, 2011, on CSX

* Mineral Springs, N.C., May 24, 2011, on CSX

* DeWitt, N.Y., July 6, 2011, on CSX

* DeKalb, Ind., Aug. 19, 2011, on Norfolk Southern

UTU National Legislative Director James Stem, in commending the NTSB for its “diligence in helping to save lives,” said, “Compliance with restrictive speed is a common sense application of safety concepts when following another train. This is another example of operating rules that offer good advice.”

During the first six months of 2011, 37 serious injuries occurred during switching operations, resulting in three fatalities and eight amputations; while over the past two years, five rail workers have died in accidents involving rolling rail equipment.

The Switching Operations Fatality Analysis (SOFA) Working Group and the UTU Rail Safety Task Force have been consulting with the FRA to study the causes and prevention of such horrific accidents, leading the FRA Oct. 11 to issue new recommendations aimed at preventing such fatalities and injuries.

The recommendations, published in the Federal Register, are intended, says the FRA, to convey to carrier management and rail workers “the critical importance of following key operating procedures when going between rolling equipment.”

These recommendations include:

* Review current operating and safety rules that specifically address remote control locomotive and conventional switching operations that require employees to go between rolling equipment, and determine whether those rules provide adequate protection to employees, or need to be updated or revised;

* Develop, implement and monitor sound communication protocols that require employees on multi-person switch crews to notify their fellow crewmembers when the need arises to enter between two pieces of rolling equipment – regardless of whether the employee is the primary RCO or working on a conventional crews.

* Review SOFA Safety Recommendation No. 1 relating to adjusting knuckles, adjusting drawbars and installing end-of-train devices, and communicate procedures implementing that recommendation to employees working in yards or other locations where the possibility of entering between rolling equipment exists.

SOFA Safety Recommendation No. 1 provides: “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.

“Additionally, any crew member that intends to adjust knuckles/drawbars, or apply or remove EOT device, must ensure that the cut of cars to be coupled into is separated by no fewer than 50 feet. Also, the person on the ground must physically inspect the cut of cars not attached to the locomotive to ensure they are completely stopped; and, if necessary, a sufficient number of hand brakes must be applied to ensure the cut of cars will not move.”

* Convey to employees that their own personal safety is their responsibility and that railroad management supports and encourages those employees that make safety their number one priority, regardless of their immediate assignment;

* Convey to employees that they should encourage fellow employees to perform their tasks safely and in compliance with established railroad rules and procedures.

To view the FRA’s Federal Register notice, click on the following link:

http://www.gpo.gov/fdsys/pkg/FR-2011-10-11/html/2011-26283.htm

To view more information on rail safety, click on the following link:

https://www.smart-union.org/td/safety/

SOFA LogoA UTU-member conductor employed by Canadian Pacific in LaCrosse, Wis., suffered a severe injury – being pinned beneath a freight car that derailed and tipped over — during a switching operation Sept. 5. The 43-year-old conductor had less than one year of service.

During the first six months of 2011, 37 serious injuries occurred during switching operations, resulting in three fatalities and eight amputations, according to the Federal Railroad Administration.

These accidents emphasize that there is no more dangerous civilian occupation than working in a railroad switching yard, where accidents too often kill, maim and end careers.

Yard safety requires situational awareness, which is a state of mind coupled with teamwork, communication and uninterrupted attention to the task at hand.

To combat yard fatalities and career-ending injuries, the Switching Operations Fatalities Analysis (SOFA) Working Group was formed in 1998.

It is a peer review group comprised of representatives from labor, management and the Federal Railroad Administration — all collaborating to bring railroaders home in one piece.

SOFA’s five lifesaving tips that 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

The SOFA Working Group’s lifesaving tips are proven to reduce your risk of a career-ending injury or death while on the job.

The UTU is represented in the SOFA group by Louisiana State Legislative Director Gary Devall, Minnesota State Legislative Director Phil Qualy and Kansas State Legislative Director Ty Dragoo.

To view recent SOFA Working Group reports, and advisories related to inexperienced employees, close clearances, industrial track hazards, job briefings and mainline train hazards, click on the following link:

https://www.smart-union.org/td/switching-operations-fatality-analysis/

The UTU also has a Rail Safety Task Force charged with creating action alerts to reduce rail-employee risk while on the job.

Leading the task force is UTU Arizona State Legislative Director Greg Hynes, who is assisted by UTU Arkansas State Legislative Director Steve Evans and Michigan State Legislative Director Jerry Gibson.

The task force works with UTU state legislative directors, UTU general chairpersons, the FRA and carriers in seeking to identify and communicate best practices and techniques to improve situational awareness and keep situational awareness at its highest level.

For more information on the UTU Rail Safety Task Force, and to view its advisories, click on the following link:

https://www.smart-union.org/safety/smart-rail-safety-task-force/

WASHINGTON – The National Transportation Safety Board has updated its “Most Wanted” transportation safety improvements. Included are recommendations for improved bus, rail and aviation safety.

Following are the NTSB’s comments of interest to UTU members:

Fatigue

Airplanes, buses and trains are complex machines that require the full attention of the operator, maintenance person and other individuals performing safety-critical functions.

Consequently, the cognitive impairments to these individuals that result from fatigue due to insufficient or poor quality sleep are critical factors to consider in improving transportation safety.

Operators of transportation vehicles need to have sufficient off-duty time to obtain sufficient sleep. But duty schedules are only part of the equation. Even when an individual has enough time to get rest, medical conditions, living environment, and personal choices can affect the ability to obtain quality sleep.

Human fatigue is subtle; at any given point, the traveling public could be at risk because those operating airplanes, buses or trains, or the individuals responsible for maintaining vehicles, do not realize until it is too late that they cannot safely complete their duties because of fatigue.

To make matters worse, people frequently are not aware of, or may deny, ability impairments caused by fatigue. Just because an operator or mechanic is not yawning or falling asleep does not necessarily mean that he or she is not fatigued.

What can be done: Continued research on the manifestations of fatigue will help in further identifying mechanisms that can counter, and ultimately eliminate, fatigue.

Such research needs to recognize the unique aspects of fatigue associated with each mode of transportation, such as the effect of crossing multiple time zones or being required to work during periods of the day when circadian rhythms increase the risk of fatigue.

Fatigue-countering mechanisms must include science-based, data-driven hours-of-service limits.

The medical oversight system must recognize the dangers of sleep-related medical impairments, such as obstructive sleep apnea, and incorporate mechanisms for identifying and treating affected individuals.

Employers should also establish science-based fatigue management systems that involve all parties (employees, management, interest groups) in developing environments to help identify the factors that cause fatigue; and monitor operations to detect the presence of fatigue before it becomes a problem.

Because “powering through” fatigue is simply not an acceptable option, fatigue management systems need to allow individuals to acknowledge fatigue without jeopardizing their employment.

Bus Safety

Motorcoaches are among the safest vehicles on the road. They are rarely involved in highway accidents.

However, motorcoaches transport 750 million passengers annually, with each bus carrying a substantial number of people. Therefore, when something does go wrong, more people are at risk of death or injury. As in any traffic crash, an occupant’s chance of surviving and avoiding injury increases when the person is retained in the vehicle, and particularly in his or her seating position.

Without standards for roof strength, window glazing, and a protected seating area, motor coach accidents can be catastrophic. Even when the motorcoach remains relatively intact during an accident, passengers lacking a protective seating environment can be thrown from their seating area and killed or injured.

What can be done: Adequate standards for roof strength, window glazing, and occupant protection must be developed and implemented. These standards must ensure that the vehicles maintain survivable space for occupants during all types of crashes with significant crash forces, including rollovers.

Manufacturers are moving ahead with various seating area safety options, such as seat belts, but the development and implementation of government standards is needed to ensure a consistent level of safety across the fleet. Motorcoach interiors should be more occupant friendly in order to prevent injury in the event of a crash.

In addition, after a crash, occupants need to be able to identify exits and quickly leave the vehicle.

Commercial Aviation

Crew resource management (CRM) training is designed to improve crew coordination, resource allocation and error management in the cockpit. CRM training augments technical training, enhances pilots’ performance and encourages all flight crew members to identify and assertively announce potential problems by focusing on situational awareness, communications skills, teamwork, task allocation, and decision-making within a comprehensive framework of standard operating procedures.

Takeoffs and landings, in which the risk of a catastrophic accident is particularly high, are considered the most critical phases of flight.

Unlike the airspace above the United States, which spans millions of square miles, the runway environment is a far more limited area, often with a steady stream of aircraft taking off and landing on intersecting runways, sometimes in poor weather and with limited visibility.

What can be done: Reducing the likelihood of runway collisions is dependent on the situational awareness of the pilots and time available to take action — often a matter of just a few seconds. A direct in-cockpit warning of a probable collision or of a takeoff attempt on the wrong runway can give pilots advance notice of these dangers.

Requiring specific air traffic control clearance for each runway crossing would reduce the chances that an airplane will inadvertently taxi onto an active runway on which another aircraft is landing or taking off.

Situational awareness is also important in addressing runway excursions. Pilots need accurate information on runway conditions. Equipment should be properly set for takeoff or landing and function properly.

Pilot training and procedures should emphasize conducting distance assessments for all landings, especially on contaminated runways; training on maximum performance stopping on a slippery runway; and identifying the appropriate runway for their aircraft.

A safety warning has been issued by the Association of American Railroads after a razor blade was found “strategically placed in the eye of the airbrake release rod” on a hopper car set out at an industrial plant in Baton Rouge, La.

Although the razor blade was found and removed without injury, the AAR is concerned that vandals may have sabotaged other freight or passenger cars with the intent of causing severe injury to workers who come in contact with rail equipment.

“This type of vandalism may have been perpetrated on multiple railcars that can arrive at numerous facilities across the country,” the AAR warned.

“Employees should be advised to inspect not only air brake release rods for such traps, but also safety appliances, coupler operating levers, angle cocks and any other surfaces employees may contact,” the AAR said.

Railroads have been asked to report such incidents to AAR so that the entire industry may be alerted to these acts and assist railroad police and federal law enforcement in searching for the criminal or criminals.

Train and engine workers should remain alert to this potential danger and report to carriers if they encounter a similar instance of vandalism intended to cause bodily harm.

Calvin Studivant

By Calvin Studivant
Alternate vice president, Bus Department

Fatigue management was a topic of significant importance earlier this month at a National Transportation Safety Board forum I attended in Washington, D.C.

The troubling news from the forum is that non-union bus operators, employed by so-called low-cost carriers, are being forced to work too many hours, with many of the drivers clearly in violation of hours-of-service regulations.

For too many non-union bus operators, pay is so low they are compromised into working excessive hours to feed their families — and that means driving while fatigued. That’s not only unlawful; it’s dangerous.

Medical experts who study fatigue have concluded that going to work fatigued is like going to work drunk.

An effective solution is not necessarily revising the hours-of-service regulations; but rather revising the law that permits non-union carriers to avoid paying their drivers overtime rates.

At no time should low driver earnings be allowed to compromise safety, but that is the situation too many low-paid, non-union operators face.

Lack of training is another problem for non-union operators employed by carriers whose primary interest is putting a driver — no matter how poorly paid or poorly trained — behind the wheel.

Much emphasis is being placed on revising hours-of-service regulations and installing new technology such as collision warning systems and lane departure warnings. Yes, they are important in assuring safety.

Too often overlooked is the ability of carriers to intimidate drivers into violating the hours-of-service law; and the fact that new technology is not, in itself, a solution to the fatigue problem.

In my mind, it makes eminent good sense to put equal or more emphasis on assuring only qualified, alert and non-fatigued drivers are behind the wheel — drivers who are properly trained and properly recruited with competitive wage and benefits packages.

Within the UTU, we recognize this in our contracts, and it is time for federal and state regulators to recognize the issue among the growing number of so-called low-cost bus companies that put profit ahead of safety.

Take, for example, a bill currently being considered by the U.S. Senate — S. 453, the Motorcoach Enhanced Safety Act. The bill would require safety improvements in construction of new buses, but missing in that bill is recognition that assuring the hiring and retention of properly qualified, fully trained and competitively paid drivers is equally important in assuring safe passenger transportation.

I will be leading discussions on these issues at our regional meetings in San Antonio and New York in June and July, and I hope as many of our drivers as possible will attend these regional meeting bus workshops.

We also will be discussing the Federal Motor Carrier Safety Administration’s new rules for obtaining a commercial driver’s license (CDL) and commerical learner’s permit (CLP). Those new rules are posted on the UTU webpage.

In the San Antonio and New York regional meetings we also will be discussing opportunities for federal grants to help improve the skills of labor negotiators and encourage innovative approaches to collaborative labor-management problem solving. We will work with the UTU National Legislative Office and President Futhey to make application for a grant to the UTU.

I also call your attention to the Bus Department page of the UTU website at www.utu.org. A link has been added on that page to a recent DOT Motorcoach Safety Action Plan. Scroll down on that page and the link is in the fourth column to the right, under “Bus Safety”. The new FMCSA rules on obtaining a CDL and CLP also appear there.

China’s effort to lead the world in high-speed rail development appears to be moving forward at the expense of safety, reports The Washington Post.

The Chinese government, reports the newspaper, has ordered all high-speed trains to reduce their top speed from some 220 mph to 186 mph, calling safety concerns of those trains “severe.”

Reportedly, inferior materials have been used, creating safety concerns. Separately, the Congressional Budget Office said China has imposed lower crashworthiness standards for its passenger trains than are imposed in the United States.

Last year, it was reported by the Progressive Policy Institute that China had embarked on a goal of a north-south and east-west nationwide grid of 220-mph long distance trains — all to be in operation by 2020.

Says The Washington Post, “With the latest revelations, the shining new emblem of China’s modernization now looks more like an example of many of the interlinking problems plaguing the country: top-level corruption, concerns about construction quality and a lack of public input into the planning of large-scale projects.”

In the United States, the Obama administration envisions a high-speed rail passenger network over dedicated electrified lines with trains operating at speeds of 125-220-mph linking major population centers 200-600 miles apart.

But federal budget cutting has imperiled that plan.

Amtrak President Joseph Boardman has his own vision — a 30-year, $117 billion Northeast Corridor improvement project that would link Washington, D.C., Baltimore, Philadelphia, New York and Boston with 220-mph passenger trains cutting trip times to 84 minutes between New York and Boston and 96 minutes between New York and Washington.

Boardman told Railway Age magazine that Amtrak envisions operating other high-speed rail corridors as they move toward development.

In early April testimony before the House Rail Subcommittee, Amtrak’s vice president for government affairs, Joe McHugh, urged Congress to provide dedicate, multi-year funding for intercity and high-speed rail; establish a national investment strategy; create a clear and leading role for Amtrak; ensure coordinated corridor planning and project execution; and address liability and insurance issues.

By FRA Associate Administrator for Safety Jo Strang

The Federal Railroad Administration’s Risk Reduction Program is a voluntary industry-wide initiative to reduce accidents and injuries and build a strong safety culture by expanding the toolkit to analyze and manage risk.

Eventually, these assessments will complement other programs such as safety inspections of railcars and injury reporting.

We are currently drafting a regulation requiring railroads to develop comprehensive risk reduction programs.

The FRA Risk Reduction Program affects every railroader through timely reporting of employee injuries and illnesses.

Additionally, an FRA team is collecting data on current practices and is seeking ways to prevent harassment and intimidation of injured railroad employees.

The data is collected from FRA complaint and enforcement records and directly from rail labor organizations.

The FRA also is working with outside sources, including the Occupational Safety and Health Administration (OSHA), to gain a clearer understanding of that agency’s whistle-blower regulation for railroad employees, and other factors that can contribute to solving harassment problems.

Using what they have learned, our Risk Reduction Program team conducted numerous presentations for UTU members on their rights regarding work-related injuries. The team learned a tremendous amount about current conditions railroad employees face daily.

The FRA also is strongly encouraging railroads to take actions that remove the punitive policies and practices that invite or induce retaliatory harassment and intimidation.

Amtrak is one railroad that has taken strides in this direction.

In implementing its Safe 2 Safer program, Amtrak has taken positive steps to improve its safety culture. The FRA Risk Reduction Program team noted that, as a result, the number of injuries reported by Amtrak employees has risen as expected, and the number of OSHA whistle-blower cases reported by employees has decreased.

The FRA hopes this indicates that injured Amtrak employees are now seeking and receiving appropriate care; and that other railroads will learn from Amtrak’s success and implement similar programs.

The FRA appreciates the UTU’s assistance in providing this invaluable data and input to the investigation team. When and where the team is successful in mitigating risks and hazards identified, safety is improved for railroad employees and the public.

An Advanced Notice of Proposed Rulemaking was published in the Federal Register in December, and we are currently reviewing the comments received. However, in order to obtain as much stakeholder input as possible, we plan to conduct a public hearing.

In the meantime, we would appreciate receiving comments and suggestions from UTU members, which should be sent to the UTU National Legislative Office in Washington, D.C., which will collect and forward them to the FRA’S Risk Reduction Program team.

Thank you for your involvement in building a strong rail safety culture.

WASHINGTON — A new safety advisory applying to switching operation hazards has been issued by the Federal Railroad Administration.

The advisory focuses on federal federal regulations and railroad operating rules governing procedures for leaving rolling equipment in the clear of adjacent tracks. It was issued in response to two recent incidents where railroad employees were killed during switching operations.

The advisory recommends that railroads review the recent incidents with employees and reinstruct them on procedures and rules governing leaving rolling equipment clear of adjacent tracks. It also recommends that railroads review job briefing procedures.

To read the safety advisory, click on the following link:

http://www.gpo.gov/fdsys/pkg/FR-2011-04-07/pdf/2011-8232.pdf

 

WASHINGTON — The single most important action Congress and the Federal Railroad Administration can take to improve rail safety — especially in the movement of hazardous materials — is to eliminate train-crew fatigue and provide predictable start times for train crews.

That was the message delivered April 7 to the House Railroad Subcommittee by UTU National Legislative Director James Stem. The subcommittee met to learn more about rail hazmat safety.

“The unpredictable work schedules of safety critical operating employees in the railroad industry has and continues to be the root cause of the fatigue problems that have placed many releases of hazardous materials on the front pages of our newspapers,” Stem told the subcommittee.

Although the Rail Safety Improvement Act of 2008 (RSIA) provides for 10 hours of undisturbed rest between work assignments, “the application is misplaced because it does nothing to improve the predictability of reporting times nor does it allow employees the opportunity to plan their rest before reporting for duty,” Stem said.

“One small improvement that will make a tremendous difference in the safety for all train operations is simply to move the required 10 hours of undisturbed rest from immediately following service to immediately preceding service,” Stem said.

“The minimum of 10 hours of notification before reporting for 12 hours or more of safety critical service will allow operating employees to get their proper rest prior to reporting for duty so they can safety and alertly operate their train while on duty.

“An even greater safety enhancement would be to assign regular start times for each crew, or at a minimum require that crews be notified before going off duty of the time they must report back for service,” he said.

Stem told the subcommittee that many railroads “have worked hard since RSIA was passed to develop new software programs to enable their operations to deny the required rest days for employees. Many employees are required to observe their only day off while laying over in a one-star hotel at the away from home terminal.

“The itemized six-and-two and seven-and-three work-rest schedules in the RSIA remain a dream for 95 percent of our freight operating employees,” Stem said.

The UTU’s national legislative director also stressed a need for more frequent track inspections. “Timely track inspections by qualified track inspectors should be conducted with a frequency directly proportional to the amount of traffic passing over a track segment,” Stem told the subcommittee.

Stem provided the subcommittee, on behalf of the UTU and its members, a list of 24 specific recommendations to reduce crew fatigue:

  1. Railroad employees covered by the hours of service law shall be provided a predictable and defined work/rest period.
  2. A 10-hour call for all unassigned road service. This provision would require the 10 hours of undisturbed rest be provided immediately prior to performing covered service instead of immediately following service.
  3. All yard service assignments with defined start times will be covered by the same provisions that now apply to passenger and commuter rail.
  4. All yardmaster assignments will be HOS-covered service under the freight employees’ rule.
  5. The FRA shall issue regulations within 12 months to require all deadhead transportation in excess of a certain number of hours to be counted as time on duty and a job start.
  6. No amount of time off-duty at the away from home terminal will reset the calendar clock of job starts, and the employee shall not be required to take mandatory rest days at the away from home terminal.
  7. 24 hours off duty at the home terminal which does not include a full calendar day will reset the calendar clock.
  8. Interim release periods require notification to the crew before going off duty. If the crew is not notified, the 10 hours uninterrupted rest will prohibit changing the service to include an interim release.
  9. There shall be a two-hour limit on limbo time per each tour of duty.
  10. There shall be assigned a minimum of 24 hours off duty at the designated home terminal in each seven-day period during which time the employee shall be unavailable for any service for the railroad. The off-duty period shall encompass a minimum of one full calendar day and the employee shall be notified not less than seven calendar days prior to the assigned off duty period.
  11. A railroad shall provide hot nutritious food 24 hours a day at the sleeping quarters when the crew is at the designated away from home terminal, and at an interim release location. If such food is not provided on a railroad’s premises, a restaurant that provides such food shall not be located more than five minutes normal walking distance from the employee’s sleeping quarters or other rest facility. Fast food establishments shall not satisfy the requirements of this subsection.
  12. A railroad shall be prohibited from providing sleeping quarters in areas where switching or humping operations are performed.
  13. Not later than 12 months after the date of enactment of this act, the FRA shall promulgate a regulation requiring whistle-board signs allocated at least 1/4 mile in advance of public highway-rail grade crossings. Provided, however, such regulation shall not apply to such crossings that are subject to a whistle ban.
  14. Under the railroad whistle-blower law, the secretary of labor shall have subpoena power to require the production of documents and/or the attendance of witnesses to give testimony.
  15. Notwithstanding any other provision of law, regulation or order, whenever Congress enacts legislation mandating that the FRA promulgate a railroad safety regulation, there shall be no requirement for a cost/benefit analysis by the FRA.
  16. During an accident/incident investigation process, upon request, a railroad shall produce event recorder information to law enforcement personnel and to the designated employee representative(s) defined under the Railway Labor Act.
  17. In an engineer or conductor decertification proceeding, if the FRA issues a final order in favor of an employee, a railroad shall be prohibited from subsequently attempting to discipline such employee for any alleged acts which may have arisen from the incident involved in the decertification proceeding.
  18. In an engineer or conductor certification or decertification proceeding the FRA shall have the authority to require the retesting of the employee, to order the employee’s reinstatement with the same seniority status the employee would be entitled to but for decertification or refusal of certification, and to grant any other or further relief that the FRA deems appropriate.
  19. All federal railroad safety laws and regulations shall be subject only to the preemption requirements set forth in the Federal Railroad Safety Act.
  20. A railroad owned or operated by a state or other governmental entity shall, as a condition of being a recipient of federal funds, agree immediately thereafter the receipt of such funds to waive any defense of sovereign immunity in a cause of action for damages brought against such railroad alleging a violation of a federal railroad safety law or regulation pursuant to title 28, 45, or 49, United States Code.
  21. No state law or regulation covering walkways for railroad employees shall be preempted or precluded until such time as the FRA promulgates a regulation which substantially subsumes the subject matter.
  22. In any claim alleging a violation of a federal railroad safety law, a settlement of such claim cannot release a cause of action, injury or death which did not exist at the time of settlement of such claim.
  23. An employee of the NTSB or the FRA who previously worked as a railroad employee has the right to return to railroad employment with all seniority retained.
  24. Amtrak shall not be liable for damages or liability, in a claim arising out of an accident or incident unless the said Corporation is negligent in causing the accident or incident.