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[CNJRoss]

Progressive Railroading, 9/11:

 

California enacts two-person crew legislation

 

California Gov. Edmund Brown Jr. on Tuesday signed a bill that requires trains and light engines in the state to be operated by a minimum of two qualified crew members.

The legislation — which was introduced by Sen. Lois Wolk (D-Davis) — prohibits a freight train or light engine from being operated in the state with a crew of less than two individuals, beginning Feb. 1, 2016. The law also authorizes the California Public Utilities Commission (CPUC) to assess civil penalties for any violations.

Among all the industries subject to the CPUC's oversight — namely energy, water, telecommunications and transportation — rail accidents result in the greatest number of fatalities each year, according to the commission.

 

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[CNJRoss]

BLET news flash:
 

Two-person crew bill introduced in Ohio House

 

 

INDEPENDENCE, Ohio, April 15 — A comprehensive railroad safety bill that would require two employees to work on freight trains was introduced in the State of Ohio’s House of Representatives in early April.

“The Ohio State Legislative Board has been working diligently on railroad safety legislation in Ohio, and would like to make our membership aware of House Bill 186, which was introduced on April 4, 2019,” said Tim Price, Ohio State Legislative Board Chairman. “H.B. 186 addresses several concerns shared by the BLET and other operating craft unions, including minimum crew requirements, blocked public rail crossings, yard lighting, and yard walking conditions. This piece of legislation is critical for the safety of not only train and engine employees, but also the general public.”

Brother Price said the bill has bipartisan support and that it was introduced by State Reps. Michael Sheehy (D-46) and Brett Hillyer (R-98).

The bill has 22 co-sponsors, and was referred to the House Transportation and Public Safety Committee for discussion on April 11.

Brother Price is encouraging Ohio BLET members, BLET Auxiliary members, and their families to reach out to their representatives (particularly to members of the House Transportation and Public Safety Committee) to voice their support of the bill. “House Bill 186 is an example of common-sense safety legislation,” Price said. “The biggest hurdle we have is awareness — once representatives understand how this impacts the safety of their communities, they have been generally positive."

Chairman Price reminds members that communication from constituents remains the most effective tool we have in our legislative arm. “Reach out to your representatives — those who represent you at home, but also those who represent the areas you work. Since the bill has been referred to committee, we encourage members and their families to contact those representatives as well.”

 

 

[CNJRoss]

BLET news flash:
 

Train crew bill A.B. 337 brings back what Nevada already had

 

By Jason Doering and Matthew Parker
 

 

INDEPENDENCE, Ohio, April 15 — All day, every day, through cities, rural areas and everywhere in between, in Nevada as well as around our country, freight trains are rolling. In many cases, they’re the only practical way to safely transport hazardous chemicals, oil, hazardous waste, consumer goods, and vehicles to their intended destinations. That hasn’t changed for years.

Trains aren’t going to disappear. Tracks aren’t going to disappear.

But what about the crews?

Back in the era of steam engines, there would be five or even more crew members operating the train. Beginning in the 1980s, that went down to three people — remember the caboose? Trains in most cases now have two-person crews — a certified engineer and a certified conductor — to operate the train and perform many tasks as they travel.

Here’s the big question: What if something happens on a freight train, some of which today are close to three miles in length? What if tank cars carrying hazardous chemicals or flammable materials derail near a residential area? What if there’s a collision at a grade crossing, a derailment, or if one of the members of the crew is incapacitated?

When there’s an accident involving a freight train, we on the crew serve as the very first responders. The engineer stops the train, stays at the controls and assists in communicating with railroad dispatch and rescue agencies. The conductor leaves the cab to assess the situation. We report the accident, providing support and information to emergency personnel upon their arrival so that the situation can come to a safe and hopefully life-saving resolution when victims are involved.

A.B. 337 in the Nevada Assembly preserves this setup and restores legislation that the state had in place for more than 75 years.

Railroad carriers, predictably, are in opposition. They argue that A.B. 337 would violate collective bargaining and is preempted by federal law. But Lawrence Mann, an attorney and one of the principal drafters of the Federal Railroad Safety Act of 1970, wrote in a letter in support of A.B. 337 that these arguments simply aren’t true.

“The FRSA has been in existence since 1970, and no court has ever ruled that collective bargaining agreements or any rights under the Railway Labor Act preempted a safety law,” Mann wrote.

Five states, most recently Colorado, have passed legislation or rules establishing a minimum two-person crew on freight trains. Mann pointed out that Wisconsin enacted two-person crew legislation in 1997 and had the law challenged by four rail carriers. The law was upheld in 1999 by the 7th Circuit Court of Appeals.

Legislators and residents in those states, as well as numerous other states with two-person crew legislation under consideration, recognize that freight train crew size is a core safety issue. Maintaining safe rail operations and ensuring workplace safety benefits us all. It should not be used as a chip in broader labor-management negotiations. In an industry where unplanned events or accidents have safety implications for the public, “safe enough” is not enough.

Nevada residents agree — an overwhelming 89 percent of respondents of a state survey performed in January support two-person crew legislation, while just 8 percent reject such legislation. Let’s not forget that Nevada had a train crew size law enacted in 1909 that was repealed, with reservation, in 1985.

We should expect train operations in our state to be as safe as possible, and safe as possible means both implementing new safety technology and assuring that freight trains in this state continue to be manned by a crew of at least two professionals.

We need to let legislators know that A.B. 337 should be passed so when things go wrong, two trained and experienced crew members are in the train cab to help, no matter what. This is about the safety of the communities we travel through – not just for the train crews, but more importantly for the residents of those communities.
 

# # #

 

Jason Doering is the Nevada State Legislative Director for SMART Transportation Division, which represents primarily Trainmen and Conductors. Matthew Parker is Chairman of the Nevada State Legislative Board of the Brotherhood of Locomotive Engineers and Trainmen/Teamsters Rail Conference, which represents primarily Locomotive Engineers. Both work as locomotive engineers for Union Pacific Railroad. This column also appeared in The Nevada Independent.

[CNJRoss]

BLET news flash:
 

Minimum crew size bill awaits vote in Washington State Senate

 

 

 

INDEPENDENCE, Ohio, April 16 — The BLET Washington State Legislative Board, in conjunction with the SMART-TD Washington Legislative Board, has been lobbying the Washington State Legislature in support of legislation that would require two qualified crew members on trains operating in the state of Washington. Recently, this legislation (HB 1841) passed the State Assembly and will soon be voted on by the State Senate.

Public safety in regards to hazardous material trains is a driving force behind support of the legislation. Since 2009, Washington State has seen a dramatic increase in hazardous material trains (e.g., highly flammable crude oil and compressed gases). U.S. oil production is expected to increase 25 percent by 2025, and it is expected that much of this oil will be transported by trains. This legislation gives Washington State the capability to require more than two crew members for these types of trains, if it is determined by the state’s Utilities and Transportation Commission (UTC) that doing so would mitigate the risk to public safety when in route to the state’s oil refineries.

Ever-increasing train length is also a cause for concern. Class I railroads are regularly running freight trains in excess of 10,000 feet in the Western Washington corridor. Recently a train in excess of 12,000 feet traversed the Columbia Gorge; 15,000-to 18,000-foot long trains regularly run in some areas. Longer trains mean longer waits at crossings for the public as well as emergency responders seeking to reach locations of calls for help. Ensuring a minimum crew size would help ensure workers could separate trains at crossings in the event of an emergency.

Shahraim Allen, Chairman of the BLET’s Washington State Legislative Board, is asking all BLET Members, BLET Auxiliary members and families in the state of Washington to immediately contact their State Senator, inform them you are a constituent of theirs and politely ask them to vote “Yes” for HB1841 with the Kuderer Amendment. The Safe Train Crew Size (two-person crew) bill must be voted on the State Senate Floor before the deadline of Wednesday, April 17, 2019 by 5:00 p.m.

To contact your State Senator’s office via phone, please call the Legislative Hotline at 1-800-562-6000. If you wish to contact your State Senator by email, this information may be found online here.

 

 

[CNJRoss]

Washington (DC) Examiner, 4/5/19:
 

Rail unions, railroads at odds over crew size mandate

 

 

Rep. Don Young, R-Alaska, has revived an effort to mandate crew size on freight trains, an issue that divides railroads and rail unions.

 

Rail unions have backed the controversial measure, known as the Safe Freight Act, which would require freight trains to be operated by more than one person. Most freight trains are already operated by two people, but one-person crews are legally allowed.

 

“This is necessary safety legislation to protect railroad workers and the American public,” the Brotherhood of Locomotive Engineers and Trainmen National President Dennis Pierce said in a statement late last month.

 

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[CNJRoss]

AAR Fact Sheet:

 

Freight Rail & Crew Size Regulations

 

 

Freight Rail Policy Stance: The government should not mandate the requirement of two crew members in the cab in a highly prescriptive manner. Legislative efforts to mandate train crew size, including H.R. 1748, would freeze the evolution of railroad operations that might affect crew size, removing the incentive for future innovation.

 

Download Fact Sheet

 

Issue

 

Major U.S. freight trains on mainline tracks generally operate with two crew members in the locomotive cab — a conductor and an engineer. There are current legislative efforts to require at least two people in the crew on all freight railroads. Rail operators, which maintain a distinguished safety record, must continue to have the ability to innovate in the future to remain safe and efficient — including allowing operations with fewer than two people. Single-person crews have long been used on passenger, shortline and foreign freight rail systems.

 

Problem

 

A legislative crew size mandate lacks justification, disregards the freight rail industry’s strong safety record, would impede the sector’s ability to compete and interferes with decades of collective bargaining between rail management and rail labor. There is no data showing two-person crews are safer than one-person crews.

 

Solution

 

Congress must reject legislative efforts to require at least two people in the crew and instead encourage innovation. Privately owned freight railroads must be allowed to determine operating models most conducive to optimal safety and service performance. Federal prescriptions lacking empirical justification must not be made the law. Railroads are committed to good faith discussions with their employees, including the implementation of train operations that maximize safety benefits and efficiencies.

 

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[CNJRoss]

SMART news release:

 

Two large U.S. rail unions announce national two-person crew legislation  

 

Friday, March 22nd, 2019

 

 

WASHINGTON, D.C. (March 22, 2019) – Two large railroad unions in the United States have pledged their joint support for the Safe Freight Act legislation introduced by U.S. Rep. Don Young (R – Alaska).

The Safe Freight Act (H.R. 1748) requires that two certified crew members operate freight trains on U.S. rails and has the backing of the International Association of Sheet Metal, Air, Rail and Transportation Workers — Transportation Division (SMART TD) and the Brotherhood of Locomotive Engineers and Trainmen (BLET).

 

“SMART Transportation Division has been working tirelessly to promote safety in the railroad industry, and there is no doubt that the only safe rail operation is one that includes at a minimum a certified conductor and a certified locomotive engineer,” SMART TD President John Previsich said. “A clear message must be sent to our lawmakers and to the general public that multi-person crews are essential to ensuring the safest rail operations possible in their communities. I would like to thank Congressman Young for his leadership on this critical issue as we continue to improve safety on our nation’s railroads for both our members and for the general public.”

 

“This is necessary safety legislation to protect railroad workers and the American public,” BLET National President Dennis R. Pierce said. “While the railroad industry talks of one-person train crews and even autonomous trains, the 2013 tragedy of Lac-Megantic is justification enough that we need two sets of eyes and ears in the locomotive cab.”

 

Recent well-publicized rail accidents in other nations involving trains with one or no crew members show how smaller crews increase the risk of catastrophe in railroad accidents.

 

In September 2018, an autonomous runaway TasRail train reached speeds of 31 mph before it derailed in the Tasmanian city of Devonport, injuring two people. The train had become unresponsive to remote control commands, including the train’s emergency stop feature.

 

On Nov. 5, 2018, a runaway BHP ore train of 268 cars with no one aboard reached speeds of 62 mph before it was forcibly derailed in Western Australia. The approximately 1.9-mile-long train loaded with iron ore was operated by a lone crew member who had left the locomotive to inspect an issue with the brakes when the train began moving.

 

And finally, an oil train with a single-person crew in Lac-Megantic, Quebec, Canada, rolled into the center of the town July 6, 2013, after its brakes disengaged. The resulting derailment touched off an inferno that killed 47 people and destroyed the town center.

 

In the United States, labor unions and others concerned with safety on the United States’ 140,000 miles of rail are seeking to prevent such events from happening. Legislation setting crew size at two people aboard has passed in five states. A two-person crew bill backed by both the SMART TD and BLET unions (H.B. 1034) was signed into law March 21 by Colorado Gov. Jared Polis.

 

“Automation of cars, buses, aircraft and trucks are being addressed by legislation and in regulation by the federal government and many states. It’s time the federal government provided some oversight on railroads,” SMART TD National Legislative Director John Risch said. “Congressman Young’s bill is a first step, and we thank him for his leadership on this. The safety of the public and our members depend on this.”

 

“Safety is non-negotiable, and this legislation is about railroad safety,” BLET Vice President and National Legislative Representative John Tolman said. “The members of the BLET and SMART TD are highly trained professionals who have dedicated their lives to performing their jobs as safely as possible, and we thank Congressman Young for his ongoing support and for introducing H.R. 1748.”

 

This national legislation introduced by Young, a longtime advocate of railroad safety, is a common-sense step toward making our nation’s rails safer for workers and the public alike. It has the full endorsement of both unions.

 

H.R. 1748 has been referred to the House Subcommittee on Railroads, Pipelines and Hazardous Materials.

 

 

[CNJRoss]

Safety + Health:

 

Lawmaker seeks to mandate two-person crews on freight trains

April 10, 2019

 

Washington — Legislation reintroduced by Rep. Don Young (R-AK) on March 13 would require at least two certified crew members on all freight trains operated in the United States.

 

“Requiring a second crew member aboard a train to help share the operational workload is a commonsense step to strengthen public safety,” Zack Brown, Young’s press secretary, wrote in an email to Safety+Health. “Alaska is one of the only states with rail structure shared by both passenger and rail services. Because of this, freight rail safety directly impacts passenger rail safety. Congressman Young introduced the Safe Freight Act (H.R. 1748) with the intent of reducing instances of train engineers and conductors being stretched too thin with operational duties.”

 

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[CNJRoss]

BLET news release:
 

Governor signs two-person crew bill in Nevada

 

 

INDEPENDENCE, Ohio, May 15 — On May 15, organized labor secured a major victory for railroad workers and safety when Nevada Governor Steve Sisolak (D) signed a two-person crew bill into law.

Assembly Bill 337 passed out of the Nevada Senate on May 7, 2019, by a 13-8 party-line vote. Previously A.B. 337 was approved by the Nevada State Assembly by a 29-12 vote. The bill requires a two-person crew on Class I and Class II railroads in the state of Nevada.

Matt Parker, BLET Nevada State Legislative Board Chairman, worked closely with Jason Doering, his counterpart with the SMART Transportation Division, to lobby in favor of the bill.

“We let legislators know that A.B. 337 should be passed so when things go wrong, two trained and experienced crew members are in the train cab to help, no matter what,” Brother Parker said. “This is about the safety of the communities we travel through — not just for the train crews, but more importantly for the residents of those communities.”

Brother Parker thanked the bill’s primary sponsors, Assemblywomen Susie Martinez and Maggie Carlton, as well as Assemblywoman Shea Backu,s who is one of two co-sponsors. Brother Parker noted that Assemblywoman Martinez is a fellow Teamster and member of Local 986, while Assemblywoman Backus is a private-practice attorney with knowledge of the Railway Labor Act (her husband is a UPS commercial cargo airline pilot). Backus shut down the Union Pacific General Counsel’s attempt to argue Federal preemption during an Assembly hearing. She also submitted outstanding written testimony in favor of two-person train crews, which reads in part:

“[W]e can look at recent events with the Boeing 737 Max Jet’s Maneuvering Characteristics Augmentation System (“MCAS”) failures. While there were two crashes, there was another incident wherein a third on-board pilot took steps to avoid the plane from engaging in repeated nose-down maneuvers caused by the MCAS failure. Like pilots, railroad engineers are trained to avoid incidents. Likewise, we don’t hear about all avoided train accidents due to crew members’ actions.“

He also recognized Assemblyman Richard Carrillo for co-sponsoring the bill. Carrillo''s father was a career railroader on the Santa Fe and has always been a great friend to the BLET regarding the union’s issues.

“Elections have consequences, and the support we received is definitely an example of electing the right people,” Brother Parker said.

In spite of the victory, Brother Parker expressed concern that members in both chambers of the state legislature seemed to put their political bias ahead of worker safety.

“We are grateful for those Legislators and this Governor who have listened to and agreed with our concerns regarding safety as it relates to the issue of crew size,” Brother Parker said. “Concurrently, it is truly a shame that Republican Legislators have, for two consecutive legislative sessions, treated this as a partisan issue. When Nevada''s original crew size statute was passed in 1909, there was only one ‘no’ vote in each house. Further, a survey of residents from all across this state in January showed that 89% would vote in support of this legislation of they could, a fact that was included in testimonies in this session. The constituency of those Legislators should now hold them accountable for placing corporate interests ahead of public safety and ignoring the will of their constituents.”

Brother Parker concluded: “Our success in getting this measure passed in the current legislative session and approved by this Governor has perhaps more to do with electing the right people last November than with any other factors. It is a testament to something written by author Ronald M. James in his book, ‘The Roar and the Silence: A History of Virginia City and the Comstock Lode.’ In that book, Mr. James wrote: ‘Mine owners may not always have wished to concede points at the negotiating table, but the union realized its goal by divorcing the capitalists from the sources of power needed to enforce oppressive positions. The lesson that the Comstock taught miners throughout the West for years to come was to control local offices to ensure that they not be used against organized labor.’ The repeal of Nevada''s original crew size statute and the substantial fight we have had to wage to restore it should also serve as a reminder to our members to be very cautious of what you may be willing to concede in the present; it is often much easier to give something away than it is to get it back.”

Nevada becomes the second state to adopt a railroad safety/two-person crew law in 2019. Colorado Governor Jared S. Polis signed a two-person crew bill into law on March 21, signifying a significant boost to railroad safety in the state. A national two-person crew law was introduced in the U.S. House of Representatives by Congressman Don Young (R-AK) on March 22, 2019. The Safe Freight Act (H.R.1748) requires that two certified crew members operate freight trains on U.S. rails and has the backing of the BLET and SMART TD. It currently has 44 co-sponsors.

BLET National President Dennis R. Pierce thanked Brother Parker and all members of the Nevada State Legislative Board for their efforts to secure passage of this important safety legislation.

“Brother Parker has done an excellent job for more than a year now working on this legislation to make railroads a safer place to work and better neighbors to the communities through which they travel,” President Pierce said. “I hope other state governments will follow Nevada in adopting similar railroad safety laws.”

 

 

[CNJRoss]

Progressive Railroading, 5/16/19:

 

Nevada governor signs two-person crew bill

 

 

Nevada Gov. Steve Sisolak yesterday signed legislation requiring a minimum crew of two people on Class I and II freight trains operating in the state.

Railroads that violate the law will face fines of $5,000 for a first offense, $10,000 for a second offense within three years and $25,000 for a third offense, according to a press release issued by the SMART-TD labor organization.

Unions representing railroad workers have advocated for two-person crew legislation for years.

 

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