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[CNJRoss]

BLET NEWS FLASH 

 

Two-person crew bill advances in New Mexico

 

 

INDEPENDENCE, Ohio, March 3 — The New Mexico House of Representatives passed a two-person crew railroad safety bill earlier this month, thanks in part to cooperative efforts from the BLET’s New Mexico State Legislative Board and the New Mexico Federation of Labor, AFL-CIO. 
 

According to Brother Clem Harris, Chairman of the BLET’s New Mexico State Legislative Board, House Bill 105 was introduced and has gained bipartisan support in every committee where it has been presented. 

 
House Bill 105 started in the House Labor, Veterans’, and Military Affairs Committee and was championed by the Committee Chairman, Representatives Eliseo Alcon and Patricia Royal Caballero. In the first reading of the bill, it easily passed with a vote of 7 in favor to 2 against. On the second reading of the bill in the House Judiciary Committee, the bill ultimately passed on a vote of 5 to 1. On the third reading, the bill progressed off the House Floor. The bill received support on the floor from several Republicans. With that support, the bill progressed to the Senate on a vote of 43 in favor and 25 against. Currently, the bill is waiting to be heard in the Senate Tax, Business, and Transportation Committee.  
 
“While it has been a long and tough road at times, we are seeing more gains on two person crew legislation this year than ever before,” said Ashley Long, President of the New Mexico Federation of Labor. 
 
The strength of the Brotherhood has been seen in the participation of the Brothers and Sisters from Divisions 15, 192, 264, 400, 446, 592, 791, and 881. There is a unique dynamic where several Divisions go on duty in Texas, but spend the largest majority of their trip in New Mexico. These Brothers and Sisters have shown up and been heard in the various Committees to make sure their membership is appropriately represented in New Mexico.
 
“It’s amazing to see what happens when the Brotherhood comes together to make their voices heard,” President Long said.
 
The National Division thanks Brother Harris and all involved for their efforts to lobby and testify in support of the bill and to make the railroad industry a safer place. Additional information will be reported as the bill makes its way through the New Mexico State Senate. 

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[CNJRoss]

BLET NEWS FLASH   

 

Ohio governor signs two-person crew bill

 

INDEPENDENCE, Ohio, April 6 — Ohio Governor Mike DeWine signed the state’s $13.5 billion transportation budget into law on Friday, March 31. The bill includes a mandate for two-person train crews and other important rail safety measures in response to Norfolk Southern’s February 3 derailment and toxic chemical spill in East Palestine. 

 
In addition to the two-person crew requirement, the legislation (Ohio House Bill 23) contains the following rail safety provisions:
 
• Requires wayside defect detectors to be installed every 10-15 miles along the main line track in Ohio; and 
• Requires the Public Utilities Commission of Ohio (PUCO) to develop and enforce additional requirements for the installation and use of wayside defect detectors in Ohio.
 
BLET Ohio State Legislative Board Chairman John Esterly said: “Ohio is now the first and only state with requirements for wayside detectors. We need to see this spread like wildfire, ideally to U.S. Congress.”
 
BLET National President Eddie Hall thanked Governor DeWine for signing the bill. President Hall also thanked Brother Esterly and all involved BLET members for their efforts in lobbying for the passage of this vital rail safety legislation. 
 
“Technology cannot replace the eyes and ears of two certified train crew members. As we saw in East Palestine, there’s no way ground-based employees could respond to derailments faster than employees already inside the locomotive cab,” President Hall said. “I am pleased that Governor DeWine and his fellow Ohio lawmakers could see through the usual rhetoric spouted by rail corporate lobbyists. I thank them for passing this common-sense rail safety legislation into law.”
 
Brother Esterly said: “I credit my predecessor, mentor, and friend — the late Tim Price — with laying the groundwork for this legislation over his terms as State Chairman. I also can't thank my Board enough for stepping up in a time of tragedy and working tirelessly over the last eight weeks to do the work — to make the calls, to write the letters, to stand up and speak with me, and to fill the room when votes occurred.”
 
Brother Esterly also thanked the Ohio AFL-CIO, which made passage of the bill its top legislative priority after the East Palestine derailment. “We had plenty of help from legislators on both sides of the aisle to pass this critical legislation — there were only three ‘no’ votes between both chambers and 126 in favor,” Esterly said. 

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Related:  Ohio transportation budget with rail safety rules

[CNJRoss]

Progressive Railroading, 5/5/23

 

Kansas Gov. Kelly calls for two-person train crew rule

 

Kansas Gov. Laura Kelly yesterday announced she's directed the Kansas Department of Transportation to draft a rule to require railroads operating in the state to have at least two train crew members in the lead locomotive.

 

The governor called for the regulation to improve the safety of rail operations in Kansas, she said in a press release. Kansas is among the top 25 states for grade crossing collisions, which resulted in five deaths and 14 injuries in 2022. Derailments resulted in nearly $10 million in damage last year.

 

 

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[CNJRoss]

Railway Age, 5/26/23

 

Minnesota Enacts Two-Person Crew Size Legislation

 

Written by William C. Vantuono, Editor-in-Chief

 

 

Minnesota Governor Tim Walz on May 24 signed a two-person crew bill into law, making his state the 12th to do so. The requirement, introduced earlier this year by State Rep. Jeff Brand and State Sen. Jen McEwen, is included in HF 2887, the Transportation Omnibus Bill, which earlier had passed in the legislature with bipartisan support. Walz, Brand and McEwen are all DFL (Democratic-Farmer-Labor Party) members.

 

The final version of HF 2887 passed the Minnesota House chamber by a 69-61 vote and passed out of the Senate by a 34-32 vote.

 

In addition to two-person crews, HF2887 addresses other rail safety issues supported by the BLET (Brotherhood of Locomotive Engineers and Trainmen) Minnesota State Legislative Board and that of the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD): addition of two new state rail safety inspectors, and $194.7 million in state funding for the Northern Lights Express, a proposed 152-mile higher-speed passenger rail service between Minneapolis and Duluth using BNSF right-way.

 

 

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[CNJRoss]

Railway Age, 6/5/23

 

AAR Sues Ohio Over Crew Size Legislation

 

Written by William C. Vantuono, Editor-in-Chief

 

 

The Association of American Railroads filed suit in the U.S. District Court for the Southern District of Ohio on June 30 seeking to block the state’s two-person train crew mandate, which AAR contends doesn’t permit exceptions and is unconstitutional because it contradicts the 1995 Interstate Commerce Commission Termination Act (ICCTA).

 

In Association of American Railroads v. Yost et al., case number 2:23-cv-02096 (downloadable below), AAR is targeting a crew size provision included in a $13.5 billion transportation budget bill (House Bill 23) Ohio Republican Gov. Mike DeWine signed into law in March. The provision, codified as Ohio Revised Code Section 4999.09, says “a train or light engine used in connection with the movement of freight shall have a crew that consists of at least two individuals” and that “no superintendent, trainmaster or other employee of a railroad shall order or otherwise require a train or light engine used in connection with the movement of freight to be operated unless it has a crew that consists of at least two individuals.”

 

 

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Related:  Ohio transportation budget with rail safety rules

[CNJRoss]

Railway Age,10/12/23

 

Kansas Attempts Two-Person Crew Requirement

 

The state of Kansas on Nov. 3 will put into effect an administrative rule requiring two-person freight railroad crews.

 

“Kansans’ safety and security must always come first, and that includes the safety of our railroad crew members,” Gov. Laura Kelly said in an Oct. 11 press release, which noted that Kansas is the 10th state to require a two-person crew. “This requirement will protect workers from the effects of fatigue, prevent train derailments, and reduce risks in the many Kansas communities along our railroad tracks.”

 

 

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[CNJRoss]

Kansas Governor  press release

 

Governor Kelly Announces Kansas Two-Person Crew Rule 

to Improve Safety for
Kansas Railroad Workers

 

~~Rule Makes Kansas 10th State in Country with
Strengthened Safety Requirements~~

TOPEKA—Governor Laura Kelly announced that to improve safety for workers and Kansas communities, Kansas will put into effect the rule requiring railroads operating in the state to have at least two railroad crew members in the lead locomotive. When the rule takes effect on November 3, Kansas becomes the tenth state in the country with this safety requirement.

 

“Kansans’ safety and security must always come first, and that includes the safety of our railroad crew members,” Governor Laura Kelly said. “This requirement will protect workers from the effects of fatigue, prevent train derailments, and reduce risks in the many Kansas communities along our railroad tracks.”

 

According to the Federal Railroad Administration, Kansas is in the top 25 states for highway-rail grade crossing collisions, resulting in five deaths and 14 injuries in 2022 alone. Derailments resulted in nearly $10 million in damage in 2022.

 

Governor Kelly first announced she had directed the Kansas Department of Transportation to propose the requirement in May 2023. Before the regulation was implemented, it was subject to at least a 60-day public comment period. Organizations including the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART) have supported this rule.

 

Governor Kelly also met with SMART International President Jeremy R. Ferguson and SMART Transportation Division Kansas State Legislative Director Ty Dragoo today to celebrate the rule.

 

“This bipartisan two-person crew regulation is monumental for the safety of all Kansans and for our crews that operate day in and day out within this great state. We have all worked hard to show that safety comes first, and corporate profits will never be placed ahead of all the citizens of this great state,” said Jeremy R. Ferguson, SMART International President. “I want to thank all the people who supported this regulation, and we, as the leaders in rail transportation, congratulate you on achieving one of the most common-sense standards in rail safety that will now be the law of the land. I also want to thank Governor Kelly for directing her agency to promulgate this rule, and we are also very proud of her longstanding leadership on rail safety. We look forward to working together with everyone to make Kansas even safer wherever we can!”

 

“This is a banner day for Kansas communities and the Kansas workers that operate trains throughout the state. The industry norm is and has been a two-person operation; however, as trains grow longer and heavier, it is vital that a minimum safety standard is established. In many instances across the state, trains can range from 8500 feet weighing a few hundred tons to over 4 miles long and 20,000+ tons,” said Ty Dragoo, SMART Transportation Division Kansas State Legislative Director. “It still takes a minimum of two individuals, regardless of size, to safely move and respond to emergencies as they arise throughout the state; an on-scene crew to mitigate emergencies as they arise the second an accident happens is paramount. This regulation ensures Kansas communities and citizens have the already widely accepted industry-wide minimum standard in place for their safety. Governor Kelly has always chosen Kansas people and made public safety her priority, and that commitment continues today. We thank her for her continued leadership in transportation safety throughout the state.”

 

The majority of railroads in Kansas are currently operating two-person crews and will have no increased labor costs from the implementation of this regulation.

 

Photos from today’s meeting can be found here:

• Photo 1
• Photo 2

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[CNJRoss]

Railway Age, 12/14/23

 

SMART-TD Cites ‘Victory in the Empire State’

 

New York Democratic Governor Kathy Hochul on Dec. 8 signed into law S.5775, a bill requiring railroads in her state to operate with minimum-two-person crews (2PC). Hochul a year earlier vetoed a similar bill. However, S.5775, like minimum crew-size bills passed in Ohio, Minnesota and several other states, is moot so long as existing contracts with all Class I’s currently in effect provide for two-person crews.

 

SNIP

 

But again, S.5775 “is no different than all the others passed,” notes Railway Age Capitol Hill Contributing Editor Frank N. Wilner. “They are moot. The only thing of note is what the Federal Railroad Administration does in February or March—an expected national two-person-crew mandate that will immediately be challenged by railroads. The FRA Administrator, reputedly joined at the hip with rail labor, is finalizing this mandate plus new requirements for dispatcher and signal employee certification. Railroads will ask federal courts to nullify the directives, alleging lack of safety justification and remarkably negative benefit/cost ratios.”

 

 

More here.  

[CNJRoss]

BLET Weekly News Recap 5/10/24 (Recap)

RHODE ISLAND:

State Senate unanimously passes two-person crew bill

 

 

 

On May 7, the Rhode Island State Senate unanimously advanced a rail safety bill by a vote of 37-0. The bill, 2024–S 2736, would require two-person train crews. BLET New England Legislative Board Chairman Dan Cadogan said lobbying efforts will now begin to secure passage of a companion bill in the Rhode Island House of Representatives. “The New England Legislative Board will stay the course and continue to pursue rail safety legislation to prevent future administrations from subverting the recent FRA regulation on crew size,” Brother Cadogan said.