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Sweeping rail safety legislation introduced in House
CLEVELAND, May 2 -- Rail Labor is united in support of the
Federal
Railroad Safety Improvement Act of 2007, a bill that would
provide
sweeping reforms to railroad safety regulations and vastly
improve the
quality of life for all railroad workers.
The bill, H.R. 2095, was introduced on May 1 by Rep. James
Oberstar
(D-Minn.), Chairman of the House Transportation and Infrastructure
Committee, following lengthy consultation with supportive
rail unions.
Among the bill's many provisions are
* A restructuring of the Federal Railroad Administration,
placing greater
emphasis on its safety role and increasing substantially the
number of
qualified inspectors.
* Elimination of limbo time for operating crews;
* Creation of fatigue management programs;
* Strengthened whistleblower protections;
* Implementation of positive train control;
* Vastly improves the safety of operations in dark territory;
* Establishment of training standards for all rail workers;
* Certification of train conductors;
* A study of locomotive cab ergonomics;
* A requirement for emergency breathing apparatus in all locomotive
cabs;
and,
* New regulations that would put an end to the harassment
and intimidation
of rail workers who report personal injuries.
"Jim Oberstar is a friend of Rail Labor who has worked closely
with us to
formulate this much needed legislation," said Don Hahs, National
President
of the Brotherhood of Locomotive Engineers and Trainmen (BLET).
"Many of
the items contained in this sweeping legislation have been
on Rail Labor's
most-wanted list for many years, and all of Rail Labor is
united in
solidarity to show the carriers that we mean business."
UTU International President Paul Thompson said, "For years
the carriers
have made promises to address and solve these issues during
national
handling, and at each opportunity they reneged on their promises.
This
legislation loudly tells the carriers that their shell game
has come to an
end. It is the strongest rail safety legislation introduced
in
Congress in more than three decades, and rail labor is going
to work
collectively and constructively to see it is passed into law
with a
veto-proof majority."
Rail Labor is united in its support of this measure, including:
BLET and
the Brotherhood of Maintenance of Way Employes Division (BMWED),
both
members of the Teamsters Rail Conference; United Transportation
Union;
Brotherhood of Railroad Signalmen (BRS); and the American
Train
Dispatchers Association (ATDA).
"There is strength in numbers," said Fred Simpson, President
of the
BMWED. "Not only do we have the strength of Rail Labor solidarity,
we have
the strength of a pro-labor majority in the House and Senate
to support
our cause."
Dan Pickett, President of the BRS said: "The BRS is proud
to be a part of
this effort. The changes proposed by Chairman Oberstar are
long overdue
and the BRS with all Rail Labor will work to see the changes
become a
reality."
ATDA President Leo McCann said: "One Rail Labor union would
not have been
able to do this alone. Our solidarity sends the message loud
and clear
that we are united and we are serious about putting an end
to carrier
mistreatment of our hard-working union members."
The bill would redesignate the Federal Railroad Administration
(FRA) as
the Federal Railroad Safety Administration (FRSA), whose goal
would be to
reduce accidents, injuries and fatalities with safety as its
"highest
priority." The FRSA Administrator would be required to have
"professional
experience in railroad safety, hazardous materials safety,
or other
transportation safety." The FRSA would also be required to
double the
number of safety inspectors from 400 to 800 by Dec. 31, 2011.
Limbo time, the practice of abandoning train crews on locomotives
after
their on-duty time has expired, would be eliminated under
changes to the
Hours of Service Act. Under the new law, time spent in deadhead
transportation to a duty assignment, time spent waiting for
deadhead
transportation, and time spent in deadhead transportation
from a duty
assignment to the place of final release would be considered
time on duty,
thus eliminating limbo time.
Additional direct relief from fatigue would come in two forms.
First,
operating and signal employees would be entitled to a minimum
of 10 hours
undisturbed rest, regardless of the length of the duty tour.
Railroads
would be prohibited from communicating with their workers
during their
rest time. Second, they would have to have one period of at
least 24
consecutive hours off duty every seven days.
Railroads would also be required to file a fatigue management
plan with
the Department of Transportation every two years. The bill
would require
input from Rail Labor into the plans, which would contain
educational
programs to help rail workers counter fatigue.
The legislation would significantly strengthen existing whistleblower
protections to rail workers who report unsafe or hazardous
conditions. A
worker may refuse to authorize the use of equipment the employee
reasonably believes to be unsafe or hazardous to operate or
work with, and
this bill would protect those who do so.
Class I railroads would have 12 months after enactment of
the legislation
to submit concrete plans for the implementation of positive
train control.
The technology would be used to assist train crews with safety,
and not as
a means to reduce crew size.
The bill would also require railroads to install warning devices
in
non-signaled territory that would warn train crews of misaligned
switches,
thereby addressing the greatest risks of dark territory operations.
The Secretary of Transportation would be required to establish
minimum
training standards for each craft of rail employees under
the new law. The
bill would require railroads to qualify or otherwise document
the
proficiency of their employees in each craft regarding their
knowledge of,
and ability to comply with, Federal railroad safety laws and
regulations
and railroad carrier rules. Each railroad would also establish
its own
training and qualification program, which would be submitted
to the FRSA
for approval.
The Secretary of Transportation would also be required to
prescribe
regulations and issue orders to establish a program requiring
the
certification of train conductors. In prescribing such regulations,
the
Secretary would require that conductors on passenger trains
be trained in
security, first aid, and emergency preparedness.
The Secretary of Transportation would also establish regulations
that
require railroads to provide emergency escape breathing apparatus
for all
crewmembers on freight trains carrying hazardous materials
that would pose
an inhalation hazard in the event of release; and provide
their
crewmembers with appropriate training for using the breathing
apparatus.
The Secretary of Transportation would also transmit to the
Committee on
Transportation and Infrastructure of the House of Representatives
and the
Committee on Commerce, Science, and Transportation of the
Senate, a report
on the effects of the locomotive cab environment on the safety,
health,
and performance of train crews.
Also under this proposed legislation, railroads would not
be allowed to
discipline, or threaten discipline to, an employee for requesting
medical
or first aid treatment, or for following orders or a treatment
plan of a
treating physician. Discipline means to bring charges against
a person in
a disciplinary proceeding, suspend, terminate, place on probation,
or make
note of reprimand on an employee's record.
A hearing on the bill by the House Subcommittee on Railroads,
Pipelines,
and Hazardous Materials is scheduled for May 8, at 2 p.m.
Eastern Time.
In the meantime, all Rail Labor members are asked to contact
their members
of Congress to support H.R. 2095, the Federal Railroad Safety
Improvement
Act of 2007:
http://www.house.gov
Capitol switchboard: (202) 224-3121
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