CLEVELAND, March 21 — The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the United Transportation Union (UTU) called on the Federal Railroad Administration (FRA) to improve locomotive cab security and to establish safety regulations governing the operation of remote control locomotives in joint comments filed on March 14.
The unions also expressed a number of other safety concerns in response to the FRA’s Notice of Proposed Rulemaking (NPRM) published in the Federal Register on January 12, 2011. The NPRM seeks to update, consolidate and clarify the existing regulations in 49 C.F.R. Part 229 (Railroad Locomotive Safety Standards).
“Cab security, establishing climate control regulations and enforceable remote control safety regulations are issues that impact operating employees each and every day on the job,” BLET National President Dennis Pierce said. “BLET and UTU remain united and unwavering in our commitment to the safety and security of our members.”
UTU International President Mike Futhey added, “Safety regulations with real teeth in them concerning these issues vital to operating employees are long overdue. The cooperative effort of UTU and BLET is much more likely to secure meaningful safety regulations than if we acted separately because the task before us is just too difficult for either of us to work independently.”
LOCOMOTIVE CAB SECURITY
The issue of locomotive cab security is inextricably linked to the issue of climate control. The lack of air conditioning in hot weather causes the crew to choose between their safety and their security.
The unions referred to a June 20, 2010, incident in New Orleans when a conductor was shot to death and the locomotive engineer was also injured during an armed invasion and robbery in their locomotive cab. The lack of a secured operating cab enabled that individual to commit that heinous crime.
“FRA must conclude that a secured operating compartment can only be accomplished if the doors and windows are closed, locked and sealed.”
The unions also argued that current glazing standards provide an insufficient level of protection.
“There is no doubt that there are firearms that could defeat any glazing that can practicably be installed on locomotives. However, we don’t believe that is a legitimate reason to do nothing. If a glazing is available that can protect operating employees from most of the firearms available to common criminals, then FRA should require the installation of such glazing on the locomotives.”
LOCOMOTIVE CAB TEMPERATURES
Extreme heat has a negative effect on crew member job performance because it causes fatigue and lethargy, slows reaction time and therefore diminishes safety. Railroads should not be allowed to subject their employees and the public to the health and safety issues associated with prolonged exposure to extreme cold and heat.
“The industry has been able to regulate the temperature in refrigerated or climate controlled cars to move perishable goods across the country for decades. . . FRA must reject arguments by the railroads that regulating the temperature in occupied operating compartments while under expected operating conditions is not reasonable or possible,” the unions wrote.
The unions argued that the rule should require that any newly purchased or reconstructed locomotive, after the effective date of the rule, should be capable of maintaining a climate between 60° and 80° Fahrenheit. This standard should also be true of any locomotive that currently is equipped with an air conditioner.
REGULATING REMOTE CONTROL LOCOMOTIVES
The FRA has still not issued enforceable regulations governing the operation of remote control locomotives, and the unions used this opportunity to urge the FRA to finally do so. The unions also urged FRA to prohibit the operation of remotes on mainline tracks.
“The manufacturers of the remote control locomotive technology in use today designed the software and equipment for switching operations, not main line movements,” the unions wrote.
REMOTE CONTROL OPERATOR CONTROL UNITS
Even though the FRA has not issued regulations governing the operation of remote control locomotives, it is seeking to regulate the devices themselves. The proposed rules would regulate only the Remote Control Unit (“RCU”).
“We contend that certain of the features identified above in the proposed regulations diminish the safe operation of remote control locomotives,” the submission read. “The (Operator Control Unit) itself must be as simple in design and uncluttered with any function not necessary for safe operations.”
REMOTE CONTROL SAFETY STATISTICS
The unions asked that the FRA also develop an improved electronic record keeping system to maintain accurate records of employee on duty hours in remote control service.
Under the FRA’s current record keeping process, it is difficult to definitively compare the number of employee hours worked in remote control switching versus conventional switching.
“We believe that for accurate comparisons and tracking of improvements in switching operations safety, switching hours must be accurately recorded so that the number of accident, incidents and fatalities can be compared on an apples-to-apples basis,” the unions wrote.
LOCOMOTIVE SEATS
Railroads continue to scrimp on proper seating on new locomotives without regard for the safety or health of their crews to save a mere $220 on a $2.2 million locomotive, something that the unions called “shamefully inconsistent with providing a safe working environment.”
“Labor is extremely disappointed that FRA chose not to even include the words Locomotive Seats in this NPRM on Locomotive Safety Standards,” they wrote. “Improper and unsafe seats and seat securements have caused many injuries and illnesses to operating crews in the past decades, and now is the time for FRA to accept the scientific facts and offer requirements for specifications of locomotive seats on occupied locomotives.”
A copy of the joint comments is available on the BLET website.