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RAIL SAFETY BILL PASSED BY SENATE

WASHINGTON, D.C. -- By unanimous consent, the Senate November 25 passed a UTU-inspired Federal Railroad Safety Improvement Act (S. 1402).

"The bill's provisions have the effect of telling railroad management to stop taking employee lives for granted and pay greater attention to workplace safety, including fatigue," said UTU International President Byron A. Boyd Jr.

The bill will move to the House of Representatives early next year where bi-partisan support makes it likely the measure will become law by spring.

"This is a substantial legislative victory given that rail labor has not been able to move safety items through the Senate or House for many years," said UTU National Legislative Director James Brunkenhoefer.

"The other organization criticized this legislation and withheld its support, saying the bill did not go far enough," Brunkenhoefer said. "We will be the first to admit the bill is not perfect, but the other organization didn't gain a single amendment and didn't have a single senator agreeing with them.

"The UTU's political influence alone moved this bill through the Republican-controlled Senate in spite of management objection," Brunkenhoefer said. "The UTU engineered something of considerable value for railroad employees and now the UTU will work to ensure House passage as we continue working on additional legislative safety goals such as increased whistle-blower protection and more definitive measures aimed at workpalce fatigue."

Here is what the Federal Railroad Safety Improvement Act would accomplish:

• The Railroad Safety Advisory Committee (R-SAC) is instructed to determine what legislative or regulatory changes are appropriate to address fatigue management for railroad train-and-engine service employees. The R-SAC recommendations are to be transmitted to Congress for action.
• The Department of Transportation is to require railroads, on a periodic basis, to report on EVERY accident involving injury and EVERY incident involving equipment or roadbed damage. If the carrier alleges human factor causes, the carrier is required to permit the accused employee, if he or she chooses, to provide a statement explaining any factors the employee believes contributed to the accident or incident.
• The Secretary of Transportation is ordered to complete, with required input from labor organizations, new rules affecting safety standards for positive train control.

"Once again, it's rhetoric versus results," Brunkenhoefer said. "The record is clear. Whether the issue is legislation or contracts, the UTU is the union of doers, while the other organization simply complains, brings nothing new to the table and produces nothing of value for train and engine service employees."

[United Transportation Union, 11-25-03]