This message was received from John Tolman, BLET VP & NLR

This message was received from John Tolman, BLET VP & NLR. It outlines the provisions of the Rail Safety Improvement Act of 2007. So many of these issues have been fought for, for so many years. They are finally seeing the light of day. Please call your Congressman tomorrow to ask for their co-sponsorship of H.R. 2095. A hearing is scheduled for Tuesday, May 8th in the Transportation and Infrastructure Committee. Sometimes bills pass quickly out of committee, and once they do, your Congressman can be precluded from sponsoring. All I can say is that this bill rocks, therefore, the Carriers are probably not going to be in favor of it. This is our time to truly make a difference in the lives of the railroaders we love, so make the calls tomorrow in favor of this bill.

Thank you for your continued support!

Becky Schneider

OBERSTAR INTRODUCES SWEEPING RAIL LEGISLATION

HEARING SCHEDULED FOR TUESDAY, MAY 8 - VICE PRESIDENT AND NLR TOLMAN TO TESTIFY

On Tuesday night, Congressman Jim Oberstar (D-MN), Chairman of the House Transportation and Infrastructure Committee, introduced H.R. 2095, The Railroad Safety Improvement Act of 2007. The bills stated purposed is to prevent railroad fatalities, injuries and hazardous materials. It will also re-authorize the Federal Railroad Safety Administration, codifying its purpose and mission once again in the Code of Federal Regulations.

Here are some of the highlights of the bill, which has yet to be released in .pdf format from the government printing office:

REDESIGNATES FRA AS THE FEDERAL RAILROAD SAFETY ADMINISTRATION

+ Goal would be to reduce accidents, injuries and fatalities with safety as the Administration’s "highest priority."

+ The Administrator must have "professional experience in railroad safety, hazardous materials safety, or other transportation safety."

+ Improve the consistency and effectiveness of enforcement and compliance programs

ADDRESSES FATIGUE - ELIMINATES LIMBO TIME, CAMP CARS

+ Changes the Hours of Service Act

A railroad may not require or allow a signal employee or train employee to remain or go on duty:

+ unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours;

+ for a period in excess of 12 consecutive hours;

+ unless that employee has had at least one period of at least 24 consecutive hours off duty in the past 7 consecutive days.+ Employees of contractors who perform signal work also will be covered.

+ The following are now time on duty: Time spent in deadhead transportation to a duty assignment, time spent waiting for deadhead transportation, and time spent in deadhead transportation from a duty assignment to the place of final release . (eliminates limbo time)

+ During a train employee’s minimum off-duty period of 10 consecutive hours, or during an interim period of at least 4 consecutive hours available for, a railroad carrier, and its managers, supervisors, officers, and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation posing potential risks to the employee’s safety or health.

A railroad may not provide sleeping quarters in an area or in the immediate vicinity of an area in which railroad switching or humping operations are performed.

Each Class I railroad must submit a fatigue management plan to the Secretary of Transportation and update the plan every two years. The plan must identify and prioritize all situations that pose a risk for safety that may be affected by fatigue

Elements of each plan /Issues affecting all employees

Education and training on fatigue and strategies to counter fatigue.

Opportunities to identify, diagnose and treat medical conditions which may cause fatigue

Scheduling practices

Circadian rhythms

Napping

+ Each carrier must consult with labor about these plans, and labor has the right to file a response to the carrier’s plan if agreement is not reached.

+ During the regulatory process, the Secretary of Transportation may reduce the maximum work hours and increase the minimum amount of rest.

WHISTLEBLOWER PROTECTIONS

A railroad carrier engaged in interstate or foreign commerce, and an officer or employee of such a railroad carrier, shall not by threat, intimidation, or otherwise attempt to prevent an employee from, or discharge, discipline, or in any way discriminate against an employee for—

+ filing a complaint or bringing or causing to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety, testifying in a proceeding;

+ notifying, or attempting to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;

+ cooperating with a safety investigation by the Secretary of Transportation or the National Transportation Safety Board; furnishing information to the Secretary of Transportation, the National Transportation Safety Board, or any other public official as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation;

+ Accurately reporting hours of duty

+ reporting a hazardous condition;

+ refusing to work when confronted by a hazardous condition related to the performance of the employee’s duties, if the conditions described in paragraph (2) exist; or

+ refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous condition, if the conditions described in paragraph (2) exist.

Enforcement procedures:

+ Complaints will be by the Department of Labor, except that a suit may be filed in federal court if the case is not decided within 180 days, or the employee wishes to appeal.

+ Damages include reinstatement with full back pay and interest, compensation for special damages, such as the costs of litigation, and possible punitive damages up to 10 times compensatory damages.

+ Violation of this section is a crime punishable by fine and/or imprisonment.

+ No other available remedy, legal or under a collective bargaining agreement, is preempted.

+ Enforcement transparency section would require FRSA to publish on a monthly basis a detailed summary of all new and preexisting enforcement actions.

+ The number of FRSA safety inspection and enforcement personnel would double from 400 to 800 by December 31, 2011.

POSITIVE TRAIN CONTROL SYSTEMS

+ 12 months after the enactment of the legislation all Class I railroads must submit a plan for implementation of positive train control

+ The systems should provide a safety redundancy by overriding human performance failures

Regarding dark territory, the Secretary of Transportation shall prescribe regulations that—

+ require that, along main lines in nonsignaled territory without a train speed enforcement system that would stop a train in advance of a misaligned switch, railroads install an automatically activated device, independent of the switch banner, that will, visually or electronically, compellingly capture the attention of employees involved with switch operations and clearly convey the status of the switch both in daylight and darkness; and

+ require railroads, in nonsignaled territory without a train speed enforcement system that would stop a train in advance of a misaligned switch, and in the absence of switch position indicator lights or other automated systems that provide train crews with advance notice of switch positions, to operate those trains at speeds that will allow them to be safely stopped in advance of misaligned switches.

CERTIFICATION OF CONDUCTORS

The Secretary of Transportation shall prescribe regulations and issue orders to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that conductors on passenger trains be trained in security, first aid, and emergency preparedness.

The Secretary of Transportation shall establish minimum training standards for each craft of railroad employees, which shall require railroad carriers to qualify or otherwise document the proficiency of their employees in each craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations; and training and qualification programs must be submitted to the FRSA for approval.

PROMPT MEDICAL ATTENTION

A railroad or person covered under this title shall not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the requested hospital.

A railroad or person covered under this title shall not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician. For purposes of this subsection, discipline means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.

EMERGENCY ESCAPE BREATHING APPARATUS

The Secretary of Transportation shall prescribe regulations that require railroads to provide emergency escape breathing apparatus for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release; and provide their crewmembers with appropriate training for using the breathing apparatus.

LOCOMOTIVE CAB ENVIRONMENT

The Secretary of Transportation shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate a report on the effects of the locomotive cab environment on the safety, health and performance of train crews.

John Tolman

Vice President & National Legislative Representative

25 Louisiana Avenue, N. W. ,

Washington, D. C. 2001

office 202-624-8776

fax 202-624-3086

cell 216-272-1246

tolman@ble.org