Rail Safety

(July 2007)

H.R. 2095, the Federal Railroad Safety Improvement Act of 2007, was marked up and moved out of the House Transportation and Infrastructure Committee on June 15, 2007. For provisions contained in this bill, click on this link. The bill should move to the floor of the House for a final vote later this summer. A number of bills may be delayed due to budgetary issues and the war.

(Autumn-Winter 2005 Legislative Update)

In the wake of yet another fatal accident involving manual switches in dark territory, the Federal Railroad Administration (FRA) on October 19, 2005, finally issued an emergency order addressing the dangers, calling for compliance by rail carriers by November 22, 2005. This emergency order came just over a month following the death of Engineer G. Y. “Greg” Bailey, whose crew was providing hours of service relief. While sitting in a siding waiting to move, due to a misaligned switch with no switch point indicator, the train was struck head on.

Background

A history prompting the emergency order denotes the painfully slow process by which the FRA recognizes and addresses problems.

• Between 2000 and 2003, the FRA reported approximately 3 accidents per year, the most serious of which was caused by vandalism. In 2004, the number of accidents caused by misaligned switches jumped to eight with eight crew members injured.

• January 6, 2005, the problem finally came into the public’s eye following the Norfolk Southern wreck in Graniteville, SC, which killed 1 crew member and 8 civilians, and left 630 injured due to a hazardous chemical spill.
• Two days later, on January 8, 2005, a BNSF train wrecked in Bieber, CA, injuring 2 crew members.
• January 10, 2005, the FRA started a rulemaking proceeding and issued Safety Advisory 2005-01, Position of Switches in Non-Signaled Territory. The FRA’s decision to issue a safety advisory, rather than an emergency order, was partly based on the fact that in late 2004, several railroads had initiated voluntary actions to enhance the applicable railroad operating rules, and wanted to give all other railroads the same opportunity to “self correct.”
• January 11, 2005, a CSX accident in Banks, AL.
• February 23, 2005, a Nashville & Eastern Railroad accident.
• May 18, 2005, the Railroad Safety Advisory Committee (RSAC), representing both management and labor, agreed to take up the task of reviewing how the human factor caused the related accidents and injuries, with a target date of formulating recommendations of February 10, 2006.
• July 7, 2005, a Willamette & Pacific Railroad accident in Sheridan, OR.
• July 9, 2005, a Dakota, Minnesota & Eastern Railroad accident in Florence, MN.
• August 19, 2005, Kansas & Oklahoma Railroad accident in Nickerson, KS, with the locomotive engineer being severely injured.
• August 21, 2005, Union Pacific Railroad accident in Heber, CA, 3 crew members injured, and luckily not killed based on the condition of the cab.
• September 15, 2005, Union Pacific Railroad accident in Shephard, TX, engineer killed and four other crew members injured.
• October 19, 2005, FRA determines the Safety Advisory is no longer effective and issues an Emergency Order, which cites penalties of up to $27,000 for each violation, for not just the railroads, but individuals as well.

It’s a good thing the FRA finally recognized the need to actually do something about this dangerous and often fatal situation, but it is long overdue. However, their actions are sorely inadequate and too little, too late, as with most regulatory agencies who bend to will of those they are supposed to regulate. Left un-addressed are the other factors such as the inherent deficiencies of dark territory operations and non-monitored switch operations, overworked and fatigued employees, and insufficient training of personnel. At least on the UP, they would rather fire an employee than properly train them . Until the FRA addresses the issues of crew fatigue, work/rest schedules, manpower shortages, and operating rule deficiencies, this problem will not be solved.