38 replies to this topic

[CNJRoss]

BLET news flash
 

Two-person crew bill awaits Governor’s signature in Washington State

 

 

INDEPENDENCE, Ohio, March 17 — After more than seven years of hard word by the BLET’s Washington State Legislative Board and their counterparts within the SMART Transportation Division, a two-person crew bill has passed both chambers of the state legislature in Washington. The bill is currently on the desk of Governor Jay Inslee awaiting his signature.

According to BLET Washington State Legislative Board Chairman Shahraim Allen, HB 1841 —Establishing Minimum Crews on Certain Trains — passed out of the Washington State House on a Concurrence Vote (64 yea-33 nay) on March 10, 2020. It was then signed by Madame Speaker Laurie Jinkins on March 11, 2020, for its finalization in the House. In its final review in the Senate, the additional signature of Lt. Governor / President Cyrus Habib was added on March 12, 2020.

“However, even at this endpoint the railroad lobbyists continue to make attempts to stifle the progress of this much needed safety legislation,” Brother Allen said. “Despite this fact, we are taking counter measures to ensure once and for all that this bill makes it across the finish line in the behalf of our membership. As Chairman of the BLET Washington State Legislative Board, I remain resolute and resolved in the successful outcome of our two-person crew bill. I would like to thank all of the members within our great fraternal organization that have been supportive in our Board’s efforts in establishing this much needed legislation, which we have been in pursuit of for the last seven years.”

There will be more information forthcoming upon the bill’s final passage into law.

 

[CNJRoss]

BLET NEWS FLASH 

 

Two-person crew bill becomes law in Washington State

 

 

INDEPENDENCE, Ohio, April 1 — After more than seven years of hard work by the BLET’s Washington State Legislative Board and their counterparts within the SMART Transportation Division, a two-person crew bill was signed into law by Governor Jay Inslee on March 27, 2020.

According to BLET Washington State Legislative Board Chairman Shahraim C. Allen, HB 1841 — Establishing Minimum Crews on Certain Trains — passed out of the Washington State House on a Concurrence Vote (64 yea-33 nay) on March 10, 2020. It was then signed by Madame Speaker Laurie Jinkins on March 11, 2020, for its finalization in the House. In its final review in the Senate, the additional signature of Lt. Governor / President Cyrus Habib was added on March 12, 2020.

“It was a team effort and I want to thank all who have supported our efforts over the last seven years,” Brother Allen said. “I especially want to thank our members who reached out to their legislators in Washington State. Our Organization’s State Legislative Boards, General Committees, mobilization teams and the guidance from the BLET National leadership helped to see us through to this day. With perseverance anything can and will be done.”

As written, the bill allows the Utilities and Transportation Commission (UTC) to “order railroad carriers to increase the number of railroad employees in areas of increased risk to the public, passengers, railroad employees, or the environment, or on specific trains, routes, or to switch assignments on their road with additional numbers of crewmembers, and may direct the placement of additional crewmembers, if it is determined that such an increase in staffing or the placement of additional crewmembers is necessary to protect the safety, health, and welfare of the public, passengers, or railroad employees, to prevent harm to the environment or to address site specific safety or security hazards.”

It has been a long journey, but Brother Allen said he and the members of his Board became more determined to fight for passage of the legislation each time the state legislature failed to act over the past seven years.

“Each year the stakes got higher,” he said. “It became imperative to hold the carriers accountable as they relentlessly turned a blind eye to safety. As we experienced year after year, their greed for higher profits became more and more insatiable to the point of compromising safety. It became abundantly clear that we had to make all aware of the railroads’ disregard for safe train operations and the risks involved.”

Brother Allen said great effort was spent over the last seven years building a coalition to support the two-person crew bill, which included first responders, organized labor, environmentalists, and the general public. In meeting with state legislators, Brother Allen would explain how train crews work in concert with one another, with available technologies, to anticipate problems and to prevent derailments from happening.

“Essentially, trains run through the communities in direct contact with the public. Every effort must be made to ensure these communities are not negatively impacted by the increased length of trains — up to two miles or more in length — as we operate through their backyards. Increased train length and over-reliance on technology senselessly pushes the limits of safety, which endangers everyone and puts our environment at risk. With additional eyes and personnel available, the risk is reduced. The implementation of technology alone is not the final answer or the ‘silver bullet’ fix to safety that railroad lobbyists would have everyone believe. It is the trained professionals in the cab — in concert with technology — who oversee and safeguard safe railroad operating practices. It is up to locomotive engineers and conductors to readily identify and correct problems — before they occur.”

To counter Rail Labor’s efforts, the railroad lobbyists did everything in their power to confuse legislators and stifle Rail Labor’s forward progress. But the BLET and SMART-TD stayed the course to educate state legislators about railroad safety.

“For the railroad corporate lobbyists, it was all about delay... to kick the can further down the road for another year, spending mass amounts of capital to game the legislative process,” he said. “Despite this fact, the game-changer was the joint actions performed daily, when educating our decision makers in elected offices, about the duties performed by train crew personnel. The legislators are voted into office by the people, for the people, and they make decisions on behalf of the people. We made sure their moral compasses were pointed in the correct direction. And in a great bipartisan effort, our bill became law, which is scheduled to take effect June 11, 2020.”

Washington becomes the most recent state to enact a two-person crew bill. In 2019, state governors in Illinois, Nevada and Colorado signed two-person crew bills in an effort to make train operations in their states as safe as possible.

“I wanted to thank Brother Shahraim C. Allen, the members of the Washington State Legislative Board, and all of our Brothers and Sisters throughout the great state of Washington for their collective efforts in securing passage of this much-needed safety legislation,” BLET National President Dennis R. Pierce said. “It is my hope that additional states will follow in their footsteps.”

 

[CNJRoss]

BLET NEWS FLASH

 

Kansas DOT proposes safety rule requiring two-person train crews

 

 

INDEPENDENCE, Ohio, July 28 — The Brotherhood of Locomotive Engineers and Trainmen is applauding the Kansas Department of Transportation (KDOT) for proposing a statewide two-person crew regulation to help ensure safe train operations within the state.

On July 27, KDOT proposed the new safety regulation, which would require railroads to maintain a minimum of two crew members in the cab of the lead locomotive while operating within the state.

Kansas Governor Laura Kelly said: “Kansas has faced issues ranging from crew member fatigue to derailments, which pose a threat to our safety and security — but by maintaining the current practice of requiring a two-person crew we can ensure the health and safety of Kansas workers. This proposed regulation is a commonsense, necessary measure to protect our state’s railroad crew members and keep every community along the tracks safe.”

The proposed regulation reads as follows:

“K.A.R. [36-43-1]. Crew Requirements.

“a. Railroads operating within Kansas shall maintain a minimum of two crew members in the control compartment of the lead locomotive unit of a train.

“b. Complains with subsection (a) of this Section shall not be required during switching operations, brake testing, safety inspections, or while performing setouts in conjunction with road service.”

According to a KDOT press release, “The benefits of the proposed rule and regulation is railroad and community safety, including the role of two-person crews can play in helping to prevent potential accidents or derailments and in emergency situations. Nearly all railroads in Kansas are currently operating two-person crews and will have no increased labor costs from the implementation of this regulation.”

Other states with minimum train crew requirements are Wisconsin, Arizona, Oregon, California, West Virginia, Colorado, Nevada, Washington, and Illinois.

BLET National President Dennis R. Pierce said: “I thank Governor Kelly and the members of the Kansas Department of Transportation for this proposed safety regulation. It is essential to have two crew members inside the locomotive cab to save lives and to ensure the safe operation of trains throughout the state of Kansas.”

 

 

[CNJRoss]

Progressive Railroading, 7/30/20

 

Kansas DOT proposes two-person train crew rule

 

 

The Kansas Department of Transportation (KDOT) has proposed a new regulation requiring railroads operating in the state to maintain a minimum of two-person crews in the lead locomotive of a train.

 

The regulation is being proposed for railroad and community safety, KDOT and state officials said in a press release.

 

Continue here.

[CNJRoss]

BLET NEWS FLASH  

 

Ninth Circuit Ruling Favors Unions and States, Rejects FRA's Attempt to Preempt State Crew Law

 

 

CLEVELAND, Ohio (Feb. 23, 2021) - Two of the country's largest freight railroad unions achieved a favorable decision in the Ninth Circuit Court of Appeals on Tuesday regarding an attempt by the Federal Railroad Administration (FRA) to preempt legislation passed by a number of states that established a minimum of two-person operating crews on freight trains.

 

The case, brought by the states of California, Washington and Nevada and by the International Association of Sheet Metal, Air, Rail and Transportation Workers - Transportation Division (SMART-TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET), challenged former FRA Administrator Ron Batory's attempt to cancel the laws of those and other states while at the same time attempting to authorize nationwide one-person crews. The unions and states argued that Batory's May 2019 order violated the comment-and-notice procedures of Administrative Procedures Act (APA) and that his agency could not implicitly preempt the state safety rules.

 

The Court of Appeals ruled that FRA's Order was "arbitrary and capricious," taking particular note that the assertions by FRA and the rail carriers that reducing the number of crew members in the cab to one person could improve safety "did not withstand scrutiny" and "was lacking." The Court also criticized the Order as not being a "logical outgrowth" of the two-person crew proposal, because "[t]here was nothing in the [proposed regulation] to put a person on notice that the FRA might adopt a national one-person crew limit."

 

The Court chided FRA for basing its negative preemption decision on "an economic rationale" instead of what is its main obligation - safety.

 

The Court also found the Order's "real and intended effect is to authorize nationwide one-person train crews and to bar any contrary state regulations." In that it utterly failed to address the safety concerns raised by nearly 1,550 commenters who support two-person crews, the Court found the Order's rationale was arbitrary and capricious, thus violating the Administrative Procedure Act.

 

Likewise, the Court eviscerated the lack of a sound factual basis in the Order, which merely cited a study funded by the Association of American Railroads, holding that "a single study suggesting that one-person crew operations 'appear as safe' as two-person crews seems a thin reed on which to base a national rule."

 

"First, we thank the more than 1,500 BLET and SMART-TD members who took the time to comment on the need for two-person crews, because you have made a difference," said SMART-TD President Jeremy R. Ferguson and BLET President Dennis R. Pierce. "We also congratulate the judges in this case for recognizing the former Administrator overstepped his bounds, and we look ahead to working with the FRA when crew size is again considered on a national level by the agency as a matter of public and operational safety."

 

"We assert, and will continue to assert, that having two sets of eyes and two people working in concert together with any improvements in technology, will be the best way to serve public safety and to continue the effective and efficient movement of our nation's railroads," the union presidents said.

 

The court ruling, in vacating and remanding the FRA Order, sends the matter of a potential rulemaking for freight railroad crew size back to FRA for the Agency's consideration. It also means that two-person crew legislation in the states that had been targeted by FRA's order remain in effect.

 

A copy of the Ninth Circuit Court of Appeals ruling is available here (PDF):

https://www.ble-t.or...Cir_Opinion.pdf

 

# # #

 

[CNJRoss]

Progressive Railroading, 2/24/21

 

Court rejects FRA effort to preempt states' train-crew laws

 

 

The U.S. Court of Appeals on the Ninth Circuit has rejected the Federal Railroad Administration's (FRA) attempt to prevent states from passing laws that would require at least two-person crews on freight trains.

 

SNIP

 

In March 2016, the FRA under the Obama administration issued a notice of proposed rule-making that proposed a national minimum of two-person train crews. But, the FRA under the Trump administration three years later issued an order purporting to adopt a nationwide maximum one-person crew rule and to preempt "any state laws concerning that subject matter." The states and the unions argued that Batory's order violated the Administrative Procedures Act and that his agency could not implicitly preempt state safety rules.

 

More here.

[CNJRoss]

BLET NEWS FLASH  

 

Two-person crew bill introduced in Michigan

 

 

INDEPENDENCE, Ohio, December 10 - On December 2, 2021, a railroad safety bill requiring qualified two-person train crews was introduced in the state of Michigan's House of Representatives and Senate.

 

House Bill 5596 and Senate Bill 767 read in part: "...a railroad shall not operate a train or locomotive engine engaged in transporting freight unless the train or locomotive engine is operated by a crew of not fewer than 2 individuals."

 

BLET Michigan State Legislative Board Chairman B.J. Trumble said he has been working with Don Roach, his counterpart at SMART Transportation Division, to lobby in favor of H.B. 5596 and S.B. 767.

 

"Two members in a locomotive is common sense legislation for the state of Michigan," Brother Trumble said. "This legislation will make our state safer for train crews and the general public. BLET and SMART-TD have been attacking this issue from all angles with the legislators in Lansing and we are now waiting for hearing dates in the subcommittees."

 

Brother Trumble said H.B. 5596 was introduced on December 2 by Rep. Tim Sneller (D-Dist. 50). The bill was co-sponsored by House Transportation and Infrastructure Committee Chairman Rep. Jack O'Malley (R-Dist. 101) along with: Rep. John Cherry (D-Dist. 49); Rep. Jim Ellison (D-Dist. 26); Rep. Darrin Camilleri (D-Dist. 23); Rep. Ranjeev Puri (D-Dist. 21); Rep. Tullio Liberati (D-Dist. 13); Rep. Terry Sabo (D-Dist. 92); Rep. Yousef Rabhi (D-Dist. 53); Rep. Lori Stone (D-Dist. 28); Rep. Cara Clemente (D-Dist. 14); and Rep. Brenda Carter (D-Dist. 29). The bill has been referred to the House Committee on Transportation.

 

In the Senate, S.B. 767 was introduced on December 2 by primary sponsor Sen. Erika Geiss (D.-Dist. 6). It has been referred to the Senate Committee on Transportation and Infrastructure.

 

The state of Washington is the most recent state to enact a two-person crew bill, which was signed into law by Governor Jay Inslee on March 27, 2020. In 2019, state governors in Illinois, Nevada and Colorado signed two-person crew bills to help make train operations in their states as safe as possible.

 

Please visit the following to read the text of the Michigan bills:

H.B. 5596: http://legislature.m...px?2021-HB-5596

S.B. 767: http://legislature.m...px?2021-SB-0767

 

[CNJRoss]

BLET NEWS FLASH     

 

Take Action: BLET pursues two-person crew bill in New York

 

 

INDEPENDENCE, Ohio, May 11 — The Brotherhood of Locomotive Engineers and Trainmen (BLET) is mobilizing its members in the State of New York to lobby in favor of a statewide two-person crew bill. Earlier this month, S3953B was introduced in the State Senate and a companion bill, A1287B, was introduced in the State Assembly. 
 
Brother William J. Fleischmann, Chairman of the BLET New York State Legislative Board, said the bills would mandate that all freight trains have at least two persons on the train: a certified locomotive engineer and a certified conductor. The Senate bill was introduced by Sen. Timothy M. Kennedy (D-63). The Assembly bill was introduced by Assemblyman Bill Magnarelli (D-129). 
 
A summary of the Senate Bill reads in part: “... [N[o person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.”
 
Brother Fleischmann said rail carrier lobbyists are working in fierce opposition to these necessary safety requirements. All BLET Members, Auxiliary and families in the state of New York are urged to immediately contact their State Assemblyperson and Senator and politely ask them to support the Two Person Crew Legislation, so that it may receive a positive vote on the State Assembly and Senate Floors and move to the Governor’s desk.
 
BLET members can use the Take Action legislative outreach tool available on the new BLET website to find and contact their State Senator or Assemblyman. Members can share their own personal story in support of the bills or submit a pre-written statement to their legislator. 
 
Members may also call their elected representatives. You may not actually speak with your Senator or Assemblyperson, so ask for the staff member who handles labor or transportation issues. Please be respectful to them, just as you would if speaking with your Senator or Assemblyman personally. Tell them that you would like them to co-sponsor S3953B in the Senate or A1287B in the House, and let them know that safe freight operations depend on two certified crew members to ensure the safety of train movements and timely responses to emergencies when they occur.

 

[CNJRoss]

BLET NEWS FLASH   

 

BLET-backed two-person crew bill advances in New York state 

 

 

INDEPENDENCE, Ohio, June 1 — The BLET-backed two person crew bill — S3953B — has been passed by both the New York State Assembly and Senate, and members who live in New York state are urged to contact Governor Kathy Hochul’s office and ask her to sign the bill into law.
 
The BLET’s New York State Legislative Board has been lobbying all across the state in support of S3953B. Brother William J. Fleischmann, Chairman of the BLET New York State Legislative Board, said the bill would mandate that freight trains have at least two persons on the train: a certified locomotive engineer and a certified conductor.  A summary of the Senate Bill reads in part: “… [N[o person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.”
 
BLET members can use the Take Action legislative outreach tool (https://ble-t.org/take-action/) available on the BLET National Division website to contact Governor Hochul. Members can share their own personal story in support of the bill or submit a pre-written letter to the Governor.
 
Earlier this year, the Senate bill was introduced by Sen. Timothy M. Kennedy (D-63), while the Assembly version of the legislation was introduced by Assemblyman Bill Magnarelli (D-129).
 
“This legislation is intended to protect not only railroad workers, but the general public as well. I thank all BLET members, the BLET Auxiliary, and family members in the state of New York for your vocal support of this important railroad safety legislation,” BLET National President Dennis R. Pierce said. “Through your strong grassroots support, we have been able to overcome fierce pressure from railroad corporation lobbyists. Please contact the governor and help us get this bill across the finish line.”

 

 
 

[CNJRoss]

Progressive Railroading, 12/13/22

 

Washington commission OKs two-person train crew rules

 

The Washington State Utilities and Transportation Commission (UTC) has approved new rules requiring a minimum of two crew members on most trains.

 

The rules implement the railroad safety provisions established by House Bill 1841, which the state legislature passed in 2020.

 

Adopted on Nov. 30, the new rules apply to both freight and passenger trains, including trains carrying hazardous materials, subject to certain exceptions provided by law, UTC officials said in a press release.

 

 

Continue here. 

 

 

BLET NEWS FLASH 

 

Two-person crew bill becomes law in Washington State

 

 

INDEPENDENCE, Ohio, April 1 — After more than seven years of hard work by the BLET’s Washington State Legislative Board and their counterparts within the SMART Transportation Division, a two-person crew bill was signed into law by Governor Jay Inslee on March 27, 2020.

According to BLET Washington State Legislative Board Chairman Shahraim C. Allen, HB 1841 — Establishing Minimum Crews on Certain Trains — passed out of the Washington State House on a Concurrence Vote (64 yea-33 nay) on March 10, 2020. It was then signed by Madame Speaker Laurie Jinkins on March 11, 2020, for its finalization in the House. In its final review in the Senate, the additional signature of Lt. Governor / President Cyrus Habib was added on March 12, 2020.

“It was a team effort and I want to thank all who have supported our efforts over the last seven years,” Brother Allen said. “I especially want to thank our members who reached out to their legislators in Washington State. Our Organization’s State Legislative Boards, General Committees, mobilization teams and the guidance from the BLET National leadership helped to see us through to this day. With perseverance anything can and will be done.”

As written, the bill allows the Utilities and Transportation Commission (UTC) to “order railroad carriers to increase the number of railroad employees in areas of increased risk to the public, passengers, railroad employees, or the environment, or on specific trains, routes, or to switch assignments on their road with additional numbers of crewmembers, and may direct the placement of additional crewmembers, if it is determined that such an increase in staffing or the placement of additional crewmembers is necessary to protect the safety, health, and welfare of the public, passengers, or railroad employees, to prevent harm to the environment or to address site specific safety or security hazards.”

It has been a long journey, but Brother Allen said he and the members of his Board became more determined to fight for passage of the legislation each time the state legislature failed to act over the past seven years.

“Each year the stakes got higher,” he said. “It became imperative to hold the carriers accountable as they relentlessly turned a blind eye to safety. As we experienced year after year, their greed for higher profits became more and more insatiable to the point of compromising safety. It became abundantly clear that we had to make all aware of the railroads’ disregard for safe train operations and the risks involved.”

Brother Allen said great effort was spent over the last seven years building a coalition to support the two-person crew bill, which included first responders, organized labor, environmentalists, and the general public. In meeting with state legislators, Brother Allen would explain how train crews work in concert with one another, with available technologies, to anticipate problems and to prevent derailments from happening.

“Essentially, trains run through the communities in direct contact with the public. Every effort must be made to ensure these communities are not negatively impacted by the increased length of trains — up to two miles or more in length — as we operate through their backyards. Increased train length and over-reliance on technology senselessly pushes the limits of safety, which endangers everyone and puts our environment at risk. With additional eyes and personnel available, the risk is reduced. The implementation of technology alone is not the final answer or the ‘silver bullet’ fix to safety that railroad lobbyists would have everyone believe. It is the trained professionals in the cab — in concert with technology — who oversee and safeguard safe railroad operating practices. It is up to locomotive engineers and conductors to readily identify and correct problems — before they occur.”

To counter Rail Labor’s efforts, the railroad lobbyists did everything in their power to confuse legislators and stifle Rail Labor’s forward progress. But the BLET and SMART-TD stayed the course to educate state legislators about railroad safety.

“For the railroad corporate lobbyists, it was all about delay... to kick the can further down the road for another year, spending mass amounts of capital to game the legislative process,” he said. “Despite this fact, the game-changer was the joint actions performed daily, when educating our decision makers in elected offices, about the duties performed by train crew personnel. The legislators are voted into office by the people, for the people, and they make decisions on behalf of the people. We made sure their moral compasses were pointed in the correct direction. And in a great bipartisan effort, our bill became law, which is scheduled to take effect June 11, 2020.”

Washington becomes the most recent state to enact a two-person crew bill. In 2019, state governors in Illinois, Nevada and Colorado signed two-person crew bills in an effort to make train operations in their states as safe as possible.

“I wanted to thank Brother Shahraim C. Allen, the members of the Washington State Legislative Board, and all of our Brothers and Sisters throughout the great state of Washington for their collective efforts in securing passage of this much-needed safety legislation,” BLET National President Dennis R. Pierce said. “It is my hope that additional states will follow in their footsteps.”