Unfortunately, there have been far too many job related fatalities, and far too many families devastated, over the 100-plus years of railroading in North America. History reveals that during the ten years preceding the January 1997 Roadway Worker Protection Regulations, an average of ten roadway workers annually suffered fatal injuries from being struck by trains or other moving on-track equipment along the right-of-way.

While roadway worker fatalities have been reduced by approximately 80% since the Roadway Worker Protection rules were instituted, the only truly acceptable goal-zero fatalities-has not been reached. BMWE members and railroad management must always keep in mind the life-saving concepts clearly stated within the RWP regulations, the most important of which are excerpted below.

Responsibilities of Employers

• Each employer is responsible for the understanding and compliance by its employees with its rules and the requirements of RWP.
• Each employer shall guarantee each employee the absolute right to challenge in good faith whether the on-track safety procedures to be applied at the job location comply with the rules of the operating railroad, and to remain clear of the track until the challenge is resolved.
• Each employer shall have in place a written procedure to achieve prompt and equitable resolution of challenges made.

Responsibilities of Individual Roadway Workers

• Each roadway worker is responsible for following the on-track safety rules of the railroad upon which the roadway worker is located.
• A roadway worker shall not foul a track except when necessary for the performance of duty.
• Each roadway worker is responsible to ascertain that on-track safety is being provided before fouling a track.
• Each roadway worker may refuse any directive to violate an on-track safety rule, and shall inform the employer in accordance with RWP whenever the roadway worker makes a good faith determination that on-track safety provisions to be applied at the job location do not comply with the rules of the operating railroad.

"The law dictates that roadway workers are not to foul a track except when necessary for the performance of duty," said Rick Inclima, BMWE Director of Education and Safety. "This means that roadway workers must consciously avoid walking or standing within the foul of a track unless absolutely necessary to perform a task. And when you must foul a track, be sure that on-track safety is established. Always stop, look, and listen for unexpected movements before placing yourself within the foul of a track. Always keep in mind that trains and on-track vehicles may be approaching on any track, at any time, from any direction. Accidents happen in an instant and once they occur, they can never be undone.

"If necessary, invoke your absolute right under the law to challenge in good faith the on-track safety procedures in effect on the job site and remain clear of the track until the challenge is resolved. If you don't understand what form of on-track protection is established-ask. If you do not feel that the on-track safety procedures to be applied at the job location comply with the rules, invoke your right, individually or as a gang, to challenge. If you don't have enough men or the proper equipment to do the job safely, or if you are being asked to perform too many functions at once, slow down, take the safest course, and always put safety ahead of productivity. No family should suffer the loss of a loved one, and no worker should lose his or her life, in the name of productivity and downsizing.

"As we approach Workers Memorial Day on April 28, we know that over 6,000 American workers lose their lives each year in on-the-job accidents. We are truly our brother's keepers when we go out to work on the track each day and we must do everything humanly possible to prevent another family from suffering the loss of a loved one in an on-the-job accident.

"In memory and in honor of those brothers and sisters who've paid the ultimate price, let us redouble our efforts to be our brother's keeper. May the light of on-track safety burn brightly within each of us and illuminate our way home safely each and every day."