The Federal Railroad Administration (FRA) recently published two newly revised federal standards governing track safety and railroad communications. The newly revised regulations are the culmination of years of effort by the BMWE to improve both track safety and railroad communications on U.S. railroads. The revised regulations are the products of the Railroad Safety Advisory Committee (RSAC), a consensus-based negotiated rulemaking committee established in 1996 by FRA. The RSAC is comprised of 48 individual representatives drawn from 27-member organizations representing rail labor, railroad management, railroad equipment manufacturers, public interest associations, state government groups and federal regulators.

Track Safety Standards

The Federal Track Safety Standards (49 CFR, Part 213) were first implemented in October 1971 and last revised in 1982. In May 1990, BMWE petitioned the FRA for rulemaking to revise the Track Safety Standards.

The BMWE petition suggested substantive changes to the standards, the addition of new regulations addressing recent developments in the industry, and the reinstatement of many of the regulations which were deleted from the standard in 1982. The railroad industry followed with their own petition which included a variety of regulatory changes calling for "additional flexibility and new approaches for determining compliance" with existing regulations.

Most notable was the carriers' proposal to revise the regulations to include a performance-based standard for the utilization of a newly developed technology known as the Gage Restraint Measurement System (GRMS). The GRMS is a track inspection vehicle which measures the relative strength of ties and fasteners. The carriers proposed to completely replace the current detailed crosstie and fastener requirements of Part 213 with so-called performance-based GRMS automated inspections.

After almost a decade of public debate and two-and-a-half years of negotiated rule making, the new Track Safety Standards, which were opposed by the BMWE in their final form, were published effective September 21, 1998. BMWE President Mac A. Fleming praised the efforts of the BMWE RSAC representatives for their efforts in obtaining modest improvements to the Track Safety Standards despite fierce railroad opposition to even those modest improvements.

"These revisions to the track safety standards, though disappointing in that they do not go far enough in providing our members with the kind of safe working conditions to which they are entitled, are the result of nearly a decade of BMWE efforts to improve the safety of the nation's railroads through strengthened federal regulations," said Fleming. "While the railroads put every effort forward to weaken the already weak standards and reduce safety oversight for track safety, the BMWE, with the support of its sister organizations, thwarted the railroads' efforts and made modest gains. These modest improvements will provide a modicum of enhancement of railroad safety for the public and railroad employees and force the railroads to provide BMWE members nationwide with added work opportunities in order for the railroads to remain in compliance with the new standards."

Highlights of the new Track Safety Standards include a minimum gage standard of 58 1/4 inches for excepted track (effective 9/21/99) and strengthening of the requirements for track and switch inspections on excepted track. Also included in the regulations is a prohibition on torch cutting rails in Track Classes 3 and above, an extension of the current prohibition on bolt hole torch cutting in rail to Class 2 track and above, and a prohibition on the reconfiguring of joint bars with a torch in track Class 3 and above.

The revisions also include an overall strengthening of track geometry limits, an increase in the minimum number of non-defective crossties required in curves and turnouts greater than two degrees, and a requirement to conduct internal rail defect inspection (e.g., Sperry Rail Car inspection) at a frequency tied both to time and Gross Ton Miles (GTM). Effective 1/1/99, all Class 3 trackage will be required to be inspected for internal rail defects as well.

BMWE successfully negotiated improvements to the rail defect remedial action table and secured language limiting the "walking" of trains over broken rail and pull-aparts to properly trained MofW and Signal employees. As part of this revision, railroads will in virtually all cases be required by Federal regulation to promptly "notify and dispatch" fully qualified 213.7 employees to a broken rail or pull-apart for the purpose of assuming responsibility for authorizing train movements and effecting temporary or permanent repairs.

The new standard also provides additional language requiring vegetation control at highway grade crossings (effective 9/21/99), adds an additional requirement for a 31-foot chord to detect short-wave track alignment defects in track Classes 3 and above, establishes more stringent limits on crosslevel deviations, and changes the method of determining elevation and measuring the degree of curvature.

Also included is a new section governing the installation, adjustment, maintenance, and inspection of Continuous Welded Rail (CWR), and a restoration of the pre-1982 prohibition of metal obstructions between the tie plate and rail base. Requirements governing the installation, visibility, function, and maintenance of derails have also been strengthened in the revised standard.

With regard to track inspections, BMWE was unsuccessful in its bid to establish a maximum track inspection speed for high-rail vehicle inspections due to vehement opposition by the carriers. "The track inspection speed issue was one of the most contentious and vicious points of contention in this entire rulemaking," stated President Fleming. "Unfortunately, the entire railroad industry and many within the government were unwilling to address the track inspection speed issue," he said.

Despite the BMWE's insistence throughout the entire RSAC process that a maximum inspection speed be established, a position supported by the NTSB, the FRA refused to establish one. Instead, it included the following language: "Except as provided in paragraph (b) of this section, no part of this section will in any way be construed to limit the inspector's discretion as it involved inspection speed and sight distances." The revisions of this section also limit the number of tracks and distance between tracks which can be inspected by one and two inspectors in a high-rail vehicle. Further, the new standard requires the high-rail inspection vehicle to actually traverse each main track and siding at regular intervals.

"It is outrageous that a maximum inspection speed, as recommended by the NTSB, was not established," said President Fleming. "Although the above sentence is better than nothing, it does not afford the minimal levels of safety required for safe operation of trains and was passed over our active opposition. Nevertheless, given the intensity of the railroads' position on this matter, I congratulate our Department of Safety and the BMWE officers, members, and appointees whose hard work and dedication to safety made it possible to resist the railroads' desire to weaken the standards and obtain the modest improvements. As BMWE did not support the final rule, we are in a position to go back to the FRA and attempt to obtain acceptable results."

In addition to the modest improvements to the standards, BMWE won a significant victory in beating back the carriers' proposal to adopt a performance-based standard for GRMS in place of detailed crosstie and fastener requirements. Under the soon to be issued GRMS standard, the integrity of the track standards and the discretion of BMWE track inspectors has been preserved. President Fleming characterized the industry's GRMS proposal as "a major threat to railroad safety and the work opportunities of BMWE members nationwide." Fleming acknowledged "the skill and perseverance of the BMWE negotiating team in successfully beating back this significant threat to the entire membership of our organization."

The Final Rule also includes a new Subpart G governing track standards for track Classes 6-9 (90 - 200 MPH). The full text of the Final Rule, 49 CFR, Part 213, was published in the Federal Register on June 22, 1998 and distributed to all Grand Lodge and System Officers, along with a comparative summary, on September 18, 1998, via Grand Lodge Circular No. 538. The comparative summary can be assessed through the BMWE's web page at www.BMWE.org.

Railroad Communications

The revisions to this rule (49 CFR, Part 220) were also based largely upon RSAC recommendations to FRA after nearly two-and-a-half years of intense negotiations. This newly revised regulation, which includes mandatory communications requirements for trains and roadway workers, has an effective date of January 4, 1999. The compliance date for Section 220.9 (Requirements for Trains) and Section 220.11 (Requirements for Roadway Workers) is July 1, 1999 for Class I and most Class II railroads, intercity passenger railroads, and railroads providing commuter service in metropolitan or suburban areas. For smaller railroads (most Class III's) the compliance date for Sections 220.9 and 220.11 is July 1, 2000.

Highlights of new Section 220.11, Requirements for Roadway Workers, include the following items which become effective on the dates noted above:

President Fleming praised the work of the BMWE RSAC committee and stated, "Although this rule does not go nearly far enough, and does not even provide as much as some railroads have provided our members voluntarily, for the first time in our history certain employee classifications represented by the BMWE will have federally mandated communications capability. This represents an improvement over today's nonexistent requirement for MofW communications and will be a platform upon which we can petition the FRA to broaden BMWE employee classifications required to have federally mandated communications capability."

A "working radio" capable of communicating with the dispatcher or control operator on at least one unit in each multiple unit of MofW equipment traveling together under the same movement authority. The operators of each additional piece of maintenance of way equipment in the consist shall have communications capability with each other. Each singular piece of MofW equipment operating under its own movement authority must also be equipped with a "working radio."

Each maintenance of way work group shall have intra-group communications capability upon arriving at a work site.

Each employee designated by the employer [Employee In Charge (EIC)] to provide on-track safety for a roadway work group, and each Lone Worker, shall be provided and shall maintain "immediate access" to a "working radio." Where immediate access to a "working radio" is not available due to remote work location (i.e., employee is away from truck or other mobile-based radio equipped vehicle), or where conditions such as tunnels, extreme topography, weather, or atmospheric conditions prevent radio communications with the dispatch center or control operator, the Lone Worker and EIC shall be equipped with a portable radio capable of monitoring transmissions from train movements in the vicinity.

A railroad with fewer than 400,000 annual employee work hours (most Class III RAILROAD's) may provide Roadway Workers with immediate access to working wireless communications (i.e., cellular phones) as an alternative to a "working radio."

Section 220.11 does not apply to:

Railroads which have fewer than 400,000 annual employee work hours, and which do not operate trains in excess of 25 MPH; or

Railroad operations where the work location of the roadway work group or lone worker:

(i) Is physically inaccessible to trains; or

(ii) Has no through traffic or traffic on adjacent tracks during the period when roadway workers will be present.

President Fleming praised the work of the BMWE RSAC committee and stated "For the first time in our history, certain employee classifications represented by the BMWE will have federally mandated communications capability. This represents a significant improvement over today's nonexistent requirements for MofW communications and will significantly enhance the safety, communications, and emergency notification capability of BMWE represented employees."

In addition to the communication requirements for Roadway Workers outlined in Section 220.11, new Section 220.9 will also require most trains to be equipped with radio systems or other wireless communication devices. Large railroads must equip each train with a working radio in each occupied controlling locomotive and with redundant wireless communication devices. For small railroads, the communication equipment required for each train is determined by a variety of factors, including whether the train transports passengers, hauls hazardous materials, engages in joint operations with large railroads, or operates above specified speeds.

The Final Rule governing Railroad Communications, 49 CFR, Part 220 was published in the Federal Register on September 4, 1998. Highlights of the Final Rule were distributed to all Grand Lodge and system officers via Grand Lodge Circular No. 540 which can be accessed through the BMWE web site.

1998 HAZMAT Training Program

Forty-four BMWE members were among the 150 rail union members who received advanced hazardous materials training at the George Meany Center for Labor Studies this past summer. The four day, 32-hour training program is funded by a grant from the National Institute of Environmental Health Sciences (NIEHS) and is conducted in cooperation with eight rail unions, the AFL-CIO, and the George Meany Center for Labor Studies.

"The Hazmat Training Program is one the most important and successful safety education programs conducted by the BMWE, " stated BMWE President Mac Fleming. "Our program is designed to provide rail union members with the informational resources, skills, and confidence necessary to protect themselves and properly react in a hazardous materials emergency. This vital information and comprehensive training is not otherwise readily available to our membership and is certainly not being provided to them by the railroads, " Fleming said.

The 32-hour program addresses the objectives of the U.S. Department of Transportation hazardous materials training and the objectives of the Occupational Safety and Health Administration (OSHA) hazardous materials training for emergency responders at the First Responder and Operations Level under OSHA standard 1910.120. Since 1991, the program has trained well over 4,000 rail union members.

BMWE Director of Education and Safety, Rick Inclima stated, "An unintentional release of hazardous material can occur anytime or anywhere these commodities are loaded, handled, stored, or transported. Therefore, our members must have access to the skills and resources necessary to protect their health and safety in the event of a hazardous materials release in rail transportation. The union's Hazmat Training Program is designed to provide that access for the protection of our members."

Due to the dangers inherent to BMWE work, including the potential for BMWE exposure at derailment sites and along the right-of-way, the BMWE has been allocated the greatest number of training slots among the rail unions. BMWE's Department of Education and Safety also plays a significant role in planning the program's curriculum and delivering the training.

During the typical four-day Operations Level training course, participants learn how to research information regarding the health, safety, and environmental effects of hazardous materials, how to protect themselves and their crew from exposure, and how to effectively initiate emergency response procedures. The program also includes instructional modules in toxicology, incompatible chemicals and their reaction, confined space entry, hazard recognition and avoidance, placards and markings, and the use and limitations of personal protective equipment, including respirators and chemical protective gear and equipment. On the final day of the program there is a union strategies and action module conducted for all participants by Inclima.

A highlight of the four-day training is a simulated hazmat response in fully encapsulated chemical protective gear. Participants are given a railroad hazmat accident scenario and are required to use their training and resources to identify the hazards and determine what level of protection is necessary to respond safely and effectively. Environmental monitoring, including the sampling of air and soil for contaminants is all part of the drill.

After assessing the risks presented in the simulation, participants don the appropriate chemical protective gear, including self-contained breathing apparatus, and respond to the simulated emergency. The participants then undergo field decontamination procedures prior to the removal of their personal protective equipment. The simulation is video-taped and critiqued by the participants and instructors as part of the learning process.

"We try very hard to make this training as realistic and fulfilling an experience as possible," says Rick Inclima. "On any given day, our members face the potential of being confronted with life-and-death decisions regarding hazardous materials. Therefore, we try to provide as much information and the highest quality training humanly possible."

In 1996, there were 562 reportable train accidents involving consists transporting hazardous material on U.S. railroads. These accidents resulted in 69 hazmat releases, 773 damaged hazmat cars, and 8,547 evacuations. Additionally, statistics show that there are over 1,000 non-accident related releases of hazardous materials on the railroads each year. President Fleming remarked, "These statistics point to the dangers associated with transporting hazardous material and to the potential risks facing rail workers and the general public." Many rail workers also face the dangers of exposure to hazardous materials contacted daily in the performance of their duties. "The railroad industry, however, continues to fight any attempts by BMWE to extend federally mandated hazmat training to BMWE personnel," stated Fleming.

An example of the railroad's opposition to BMWE's attempts to require the carriers to provide members with hazmat familiarization training is well represented in a June 18, 1998 letter to Congressman James Oberstar from Association of American Railroad's President James A. Hagen. An excerpt from Mr. Hagen's letter states, "Providing hazardous materials training beyond the routine scope of work of BMWE employees would provide no benefit to the employee. In fact, additional training could be a deterrent to employee safety should an employee attempt to initiate a response to an incident."

President Fleming responded to Hagen's letter in follow-up correspondence to the members of the House Committee on Transportation and Infrastructure,

the Subcommittee on Surface Transportation, and the Committee on Commerce, Science, and Transportation, documenting numerous instances of BMWE member exposure and reiterating BMWE's request that Congress require the carriers to provide non-operating railroad employees with basic hazmat training.

Congressman Oberstar responded to President Fleming's letter on October 1, 1998, stating, "The materials that you have included with your letter show clearly how important hazardous materials training is for all railroad employees working on railroad rights-of-way. The letter from James Hagen of the Association of American Railroads, arguing that hazmat training might somehow expose maintenance-of-way employees to more danger rather than less, shows an astonishing lack of understanding of the work that railroad employees actually do." Congressman Oberstar is the Ranking Democratic Member of the House Committee on Transportation and Infrastructure and a longtime friend and ally of the BMWE.

In response to the BMWE's legislative effort to broaden the scope of current DOT training requirements, an effort which was defeated by the railroad's intense lobbying, the Honorable Congressman from Minnesota stated, "We will need to return to the issue of hazmat reauthorization next year, and I can assure you that I will make every effort to insure that this language is included in any bill that comes out of our committee."

BMWE hopes to continue to provide members with access to the Hazmat Training Program. "The key to the viability of this program is the availability of federal training funds from NIEHS. Without the training grant funds, we simply would not be able to provide this urgently-needed safety and health training," said President Fleming. "There's no doubt that this program has helped save the lives and protect health of our members and has provided our forces with the skills necessary to recognize and assess releases, or potential releases, of hazardous materials. These skills are necessary to protect workers and the public and can keep a small spill from turning into a major hazmat incident."

BMWE anticipates conducting at least four week-long programs at the George Meany Center in 1999. Recruitment for the program is coordinated through the BMWE Department of Education and Safety based, in part, upon recommendations of the General Chairman. Members wishing to be considered for one of the limited number of slots in the upcoming summer sessions should notify their General Chairman in writing as soon as possible. In early 1999, the Department of Education and Safety will solicit participant recommendations from the General Chairman and other union officers and activists.

"We try our best to identify those members who are active locally or regionally in improving the safety and health conditions under which our members work," said Inclima. "Unfortunately, we can't accommodate the large number of members who express an interest in attending. However, we try to be fair and objective in the selection process and we strongly encourage all interested members to apply. While the number of interested members far surpasses the number of slots available to BMWE, everyone has an equal chance of being selected."

Participants in the program are provided with round-trip travel arrangements, room and board, and a daily stipend. Due to the overwhelming volume of applicants, only those selected to attend will be notified. Please see the 1999 training schedule published in this edition of the BMWE JOURNAL for further information. Members are encouraged to keep an eye on future issues of the BMWE JOURNAL for additional information regarding the program and any additional dates and locations which may be scheduled for the 1999 hazmat training season.

We talked briefly with BMWE members -- Danny Baker, George L. Baker, Jeff Finch, John Gardner, Sean Gerie, Richard Minser, Leroy Paulson, Paul Sharpe, Michael Warner -- who participated in the HAZMAT class held in August. A few of their comments follow.

Danny Baker of Erie, Kansas, has 20 years with the Katy Railroad (Union Pacific since 1988) and is President of Lodge 345. He says HAZMAT training is something "everybody needs to take, including the bosses." He says one of the biggest issues facing the BMWE is "keeping jobs and keeping people close to home for a better quality of life. We also need to stand behind our unions, our reps, our leadership. We need solidarity."

John Gardner, from Mobile, Alabama, will have 20 years with CSX in February. As a bridge carpenter, he thinks he probably won't do much HAZMAT clean-up but says the training "sure opened my eyes. I've learned a lot. And certainly the company isn't doing it, they just handed out a book." Contracting out is "definitely the biggest issue" facing the BMWE; "there should be no contractors, none, period!"

Sean Gerie, President of Lodge 2910, from Philadelphia, Pennsylvania, started as a trackman on SEPTA in 1991 and has been a track inspector since 1993. He says "the labor movement is what is helping keep people alive; the carriers don't seem interested. If I wasn't active, I wouldn't be here for this important training." Only 27 years old, Gerie says "with 35 years to go, I want to make sure our pensions are still secure by the time we get there." Along with this, he believes the retirement age should definitely be reduced.

Richard Minser, Jr., has worked as a repairman in an Amtrak shop in Wilmington, Delaware the last five years and worked for six years before that for CSX. "I had very little knowledge of HAZMAT before I came here. I never realized the seriousness; never realized how much hazardous material was transported. This is very important information we're receiving here." Minser believes that education and organizing are the most important areas for BMWE members. "They're powerful tools at our disposal to build on our foundation back to John Wilson (BMWE's first president) and without an aggressive organizing department our numbers will keep dwindling."

1999 Hazardous Materials Training Program Schedule

The BMWE Department of Education and Safety, in cooperation with the George Meany Center for Labor Studies, is pleased to announce the scheduling of four 32-hour Hazmat Training Programs to be held during 1999 at the George Meany Center in Silver Spring, MD. The programs are scheduled as follows:

May 16 -20, 1999

June 13-17, 1999

July 11-15, 1999

August 22-26, 1999

Participants selected to attend will be provided with transportation, room and board, and a daily stipend under the terms of our training grant. BMWE has been tentatively allocated 10 slots per session. Members interested in applying for any one of these programs should advise their General Chairman in writing, and identify the program(s) dates you would like to be considered for as soon as possible. Grand Lodge will facilitate participant selection in consultation with each General Chairmen on a rotating basis. Although only 40 slots are available to BMWE nationwide, all interested members are encouraged to apply and each applicant will be given equal consideration in the selection process. Members selected to attend will be notified directly by Grand Lodge 4-6 weeks prior to the start of each session. Each successful applicant will be responsible for arranging time off duty to attend.