(The International Brotherhood of Teamsters issued the following news release on January 18.)
WASHINGTON — The Arizona Corporation Commission conducted a hearing last month with senior inspectors of the state’s Railroad Safety Section that should serve as an alarm bell to the public about the vulnerability of our nation’s railways. Testimony at the Arizona hearing reinforces the findings of the Teamsters Rail Conference report, “HIGH ALERT: Workers Warn of Security Gaps on Nation’s Railroads.”
The HIGH ALERT report documents a startling lack of safety and security in this post-9/11 era, based on a survey of more than 4,000 rail employees nationwide. Employees of Union Pacific, CSX, Burlington Northern Santa Fe, Norfolk Southern and others detailed multiple instances of operational security and safety lapses by the rail carriers that put the public at risk. Arizona’s primary rail carriers are Union Pacific and Burlington Northern Santa Fe.
Again and again, responses by the rail safety inspectors to the Arizona Commissioners’ questions presented further evidence that the nation’s rail carriers demonstrate a shocking lack of attention to safety and security of rail workers and the communities they serve.
The Teamsters are lobbying the federal government and the appropriate federal agencies to address these critical security lapses.
“The Arizona Railroad Safety hearing is another wake-up call to the rail carriers, who have for too long been left to their own devices,” John Murphy, Director of the Teamsters Rail Conference, said. “The rail carriers’ safety and security systems are woefully inadequate, and the consequences could be devastating. In the hands of the wrong people at the wrong place at the wrong time, it could be catastrophic.”
Here are some excerpts from the Arizona Railroad Safety hearing:
Commissioner Kristin K. Mayes, who had read the Teamster Rail Conference HIGH ALERT report, asked about the degree to which the Inspectors were paying attention to potential terrorist threats to our rail system and Homeland Security issues. Commissioner Mayes asked, “Do you know of any homeland security money that is coming into Arizona for the protection of our switch yards, tracks and facilities set out facilities, anything like that? Do you know of any money that is being spent in Arizona on that issue?”
Senior Rail Safety Inspector Brian H. Lehman answered: “Commissioner Mayes, there is none. There are no funds available through Homeland Security. It is the obligation of the railroads themselves.”
Commissioner Mayes responded, “I find that absolutely appalling. This is a national issue. I think this [HIGH ALERT] report put together by the workers of the railroads demonstrates that the railroads themselves are not getting the job done.”
Chairman Jeff Hatch-Miller asked if there had been any increase in “security staff required, or changes in operational procedures, or fortification of equipment?”
Inspector Lehman responded, “Throughout the state of Arizona, the railroads, other than posting signs of private property, they have not beefed up their security, to my knowledge.”
Chairman Hatch-Miller asked, “Have they been required to — by anyone?” Inspector Lehman said, “No.”
Chairman Hatch-Miller responded, stating that no one, not, “the federal government — not the Congress, not the Department of Transportation, no one – – has required [the rail carriers] to change their activities based on the potential terrorism threat.”
Commissioner William Mundell said that what the “HIGH ALERT” report revealed was true. “John Murphy, Director of the Teamsters Rail Conference, told the Flagstaff Sun, and I wish I had thought of this quote,” Murphy said. “‘Since 2001, the federal government has spent billions on aviation and only a pittance on rail when it comes to security and safety.'”
Mundell went on to say, “We learned [Union Pacific has] only one or two security guards for the whole metropolitan area of Phoenix, and they have eight-hour shifts. It’s a joke — one person for the whole metropolitan area of Phoenix on call 24 hours a day.”
Commissioner Mayes agreed that it was “shocking” and pointed out another glaring safety issue, saying, “The railroads are now pushing in other states to dropping the number of personnel they have on each train from two, which is ridiculously low to begin with, to one. In Arizona, at least we have a regulation that requires them to have two — so from a safety perspective, at least we have two, and it is not enough.”
When questioning Inspector Tom Whitmer, a Hazardous Material Inspector with 21 years on the Rail Safety Section, 13 years as an FRA Certified Hazmat Inspector and an adviser to the Arizona Department of Emergency and Military Affairs, Commissioner Mayes asked, “One of the findings of the Teamsters’ report was that too many times the workers were finding rail cars containing hazardous materials were going unsecured, were not guarded, were left out in the open. Switches were also left unattended. When you [Inspector Whitmer] are out there inspecting cars in Arizona, how often do you find the cars carrying hazardous materials are left unattended?”
Inspector Tom Whitmer responded, “Almost always.”
Commissioner Mayes, unbelieving, had to ask again, “Almost always?”
Inspector Whitmer repeated, “Almost always.”
Commissioner Mayes said, “That’s shocking. And why is that? Is that because there is a lack of personnel?”
Inspector Whitmer told her, “From my perspective, it hasn’t been built into the equation yet. We are not up to speed as far as security issues.”
Commissioner Mayes asked, “One of the responses to the survey the Teamsters did was, ‘was your train or equipment delayed or left unattended for an extended period of time prior to or during your tour of duty? Answer: Yes, 63 percent.’ That comports with your answer, which is, ‘do you see this often.'”
Inspector Tom Whitmer said, “Yes,” adding, “In a general sense, there is not much more security than there was prior to 9/11.”
Commissioner Mayes was incredulous, repeating, “There is not much more security than there was prior to 9/11. That’s amazing.”
Commissioner Mayes then asked, “How often do you see that type of situation where you have set out facilities or [hazardous] tanker cars that are idle that are near populated areas?”
Inspector Tom Whitmer responded, “It’s a regular occurrence.” He told the Commissioners that “the security issue is brand new and frankly I don’t think it’s really been figured out the best way to implement it.”
Chairman Hatch-Miller asked, “Have the federal standards in regards to the securing of hazardous liquids changed in the last five years?” Inspector Tom Whitmer responded, “Not that I’m aware of.”
Chairman Hatch-Miller asked, “So, basically the federal government hasn’t asked for any different process to take place?”
Inspector Tom Whitmer replied, “No, they have not.”
In sum, the testimony at the Arizona Rail Safety hearing reinforces the findings of the Teamsters “HIGH ALERT ” report. The “HIGH ALERT ” report reveals, as did the Arizona hearing, a shocking inattention to security by the nation’s largest rail corporations. Rail employees have little, if any, training on the handling of hazardous materials. The practice of leaving rail engines and other machinery unlocked is far too common. The report’s conclusions are that the nation’s rail system is vulnerable to terrorist attack, and the rail corporations have not taken seriously the safety of their employees and the public.
The Teamsters again call on the rail carriers to implement the recommendations detailed in “HIGH ALERT.” If they refuse, the Teamsters Rail Conference will press Congress to institute regulations that compel them to do so.
HIGH ALERT is online at http://www.teamster.org/divisions/rail/pdfs/railsecuritybook.pdf or contact the Teamsters Communications Department.
The Teamsters Rail Conference represents more than 70,000 rail employees, including members of the Brotherhood of Locomotive Engineers and the Brotherhood of Maintenance of Way Employes.
HIGH ALERT REPORT – RECOMMENDATIONS
In the five years since 9/11, the nation’s rail carriers have, by virtually all accounts, failed to provide significant, measurable safety and security improvements to deter or respond to a terrorist attack on the U.S. rail network.
Rail workers, who spend their days on the front lines of the rail system, are intimately familiar with the system’s vulnerabilities, its day-to-day operations, and the vital components of an effective security plan. It is critical that these workers and their representatives play a key role in establishing a viable security plan to be approved and enforced by the Transportation Safety Administration.
Such a program, administered by the TSA, would address key issues including:
* Securing the rail infrastructure at points of vulnerability, i.e., bridges, tunnels, yards, etc.;
* Increasing minimum requirements for inspections of critical infrastructure, i.e., tracks, bridges, tunnels, track diamonds, signal systems, etc.;
* Manning and securing the nation’s movable railroad bridges;
* Establish strict compliance standards and comprehensive reporting requirements;
* Assessing penalties for carriers’ compliance or reporting violations;
* Improving storage of hazardous materials in transportation (i.e., in yards, rather than along rights of way); and
* Securing equipment including, but not limited to, remote control devices.
Further, the Safe Rails/Secure America survey points to other equallynecessary measures to protect rail employees and U.S. residents who live near rail yards and lines. Among them:
* Require rail corporations to provide backup for engineers.
* Provide distress codes or signal system — other than railroad radio — to alert law enforcement officials of hijack, attack, or other emergency.
* Provide adequate railroad or public security presence to preventsecurity breaches and to ensure timely response to emergencies.
* Secure yards from trespassers.
* Establish a system to notify rail workers of the railroad industry’s national or local threat level.
* Train all rail employees relative to the carriers’ security plan, including the employees’ specific roles and responsibilities related to such a security plan.
* Provide distress signals for bridge tenders on movable bridges to alert authorities of security threats.
* Restrict remote control use to non-hazmat shipments.
* Penalize rail corporations who have failed to adequately train workers in security/terrorism prevention; inspections of infrastructure; hazardous materials (including nuclear waste); and OSHA’s Emergency Action Plans and/or Emergency Response Plans.
* Establish standard protocols for training that all rail corporations must provide.
* Require all railroad subcontractors and their employees to receive standardized training and to undergo the same background, skills, and “fitness for duty” checks required of rail corporation employees.