RAIL SAFETY AND SECURITY

Cell Phone Ban:

Federal Railroad Administration (FRA) regulations on cell phones and other electronic devices went into effect on March 28, 2011. The new rule enforces the same ban on personal electronic devices that was established in Emergency Order 26: the use of electronic devices, including cell phones, while engaged in any safety sensitive duty is strictly prohibited. Electronic devices may be used by crew members while deadheading provided that they are not being used in the cab of the controlling locomotive and such use does not compromise the safety of any operating employee including themselves, and does not interfere with the performance of the safety duties of any operating employees. Use of a camera to take a photograph of a safety hazard or a violation of rail safety law, regulation, order, or standard is allowed only if it is a stand-alone camera and not part of a cell phone or other electronic device, is not being used by a locomotive engineer on a moving train, and is turned off immediately after use.

BLET National President Dennis Pierce has warned members nationwide that if they do not comply with the FRA regulations on cell phones and police themselves, they are subjecting themselves to the possibility of the installation of inward-facing cameras on all locomotive cabs. Additionally, the General Chairmen have advised that if an employee is caught with his or her cell phone on, the discipline charge against them is indefensible. In other words, if it is discovered that a crew member’s cell phone was on while the train was moving, that employee is subject to being permanently fired. Crew members’ cell phones must be turned off and stowed any time they are on the train. In a recent fatal rear-end collision involving two BSNF trains, not only were the cell phone records requested by the company for the crews on the trains involved in the collision, but so were the records of the two preceding train crews and the two trailing train crews.

A one-page flyer from the FRA summarizing the new regulations can be found at http://www.ble-t.org/pr/pdf/FRA_Electronic_Devices_Chart.pdf.