WASHINGTON, February 9 — Teamsters Rail Conference affiliates Brotherhood of Locomotive Engineers and Trainmen (BLET) and Brotherhood of Maintenance of Way Employes Division (BMWED) were joined by five other rail unions in submitting comments to the Federal Railroad Administration on February 6 regarding implementation of a Congressionally ordered Risk Reduction Program (RRP).
The unions stressed that Congress intended for labor organizations to be included in the process of designing the RRP, creation of which was mandated under Section 103 of the Rail Safety Improvement Act of 2008. However, an Advance Notice of Proposed Rulemaking issued by FRA on December 8 runs counter to the intent of Congress by allowing railroads to unilaterally submit their own plans without the input of labor.
“Employees are the most important component of any plan,” BLET National President and IBT Rail Conference President Dennis R. Pierce said. “They must be allowed to participate in the creation of the plan and then contribute to the plans in an on-going fashion without fear of repercussions. Therefore, both good faith challenges and strong whistleblower protections must be part of the regulations.”
In addition to BLET and BMWED, the unions filing the joint comments included: American Train Dispatchers Association, Brotherhood of Railroad Signalmen, Brotherhood of Railway Carmen, Transport Workers Union and United Transportation Union.
“We expressed our concern that, absent FRA enforcement of the Congressional mandate, rail carriers would engage in their usual practice of unilateral dictation and implementation of safety practices,” said Freddie Simpson, National President of the BMWED. “Absent clear direction from FRA at the onset of the RRP development process, we believe carriers will dictate a ‘take it or leave it’ approach to Rail Labor, thereby stymieing Congressional intent and leaving the public and rail employees still at risk for avoidable rail tragedies.”
As part of their written comments to FRA, the unions pointed out that railroads have been permitted to police their own safety for far too long, which has not produced the best outcome for rail workers. Therefore, Risk Reduction Programs must remain true to the Congressional mandate and require labor-management consensus, which is a critical part of reforming the rail industry’s “failed” safety culture.
Additionally, the RRPs should be scientifically based and data driven, and should provide root-cause analysis and rely upon non-punitive remediation.
“There is currently a punitive system for safety in the railroad industry, and as employees are the best source of primary information regarding safety, they must be able to report safety concerns without fear,” President Pierce said. “This is the only way to reform what Congress believes is a failed safety system.”
Of particular interest to operating employees are comments the unions filed regarding fatigue management plans. The Labor Organizations urged FRA to require 10 hours of prior notification as part of the RRP.
“Other than each job having an assigned starting time, the next best way to reduce fatigue for operating employees is the 10 hour call,” National President Pierce said. “FRA acknowledges that knowing with certainty when you will next go to work is the strongest fatigue mitigation tool available and will virtually eliminate acute fatigue as a safety issue for operating employees.”
Regarding concerns of Brothers and Sisters in the Maintenance of Way Division of the Teamster Rail Conference, fatigue management plans must address the cumulative effects of fatigue resulting from inadequate lodging and meal arrangements, long commutes to work sites, and — on the Norfolk Southern — camp cars.
The unions also called for improved training for rail workers, as rapid changes in technology across all crafts make the need for more training imperative.
A copy of Rail Labor’s joint comments are available on the BLET website.