Emergency order no. 26

In the aftermath of the most deadly passenger rail accident in more than a decade, and just days after the National Transportation Safety Board reported that the engineer of one of the trains involved in the September 12 tragedy had sent and received dozens of text messages while on duty, the Federal Railroad Administration ("FRA") is issuing an Emergency Order that severely restricts the use of cell phones and other wireless communication and personal electronic devices by operating crews.

Emergency Order No. 26, which is scheduled to be published in the Federal Register on Tuesday, October 7, goes into effect on Monday, October 27, which is 20 days after publication. The Emergency Order governs operating employees’ use of mobile telephones (commonly called cell telephones or cell phones), other electronic devices or electrical devices, and other portable electronic devices (such as portable digital video disc (DVD) players, radio receivers, and audio players) capable of distracting a railroad operating employee from a safety-critical duty. It does not restrict use of the railroad radio or working wireless communications already subject to 49 CFR Part 220.

Emergency Order No. 26 FRA-Prepared Summary of Emergency Order No. 26 FRA-Prepared Summary Flowchart Concerning Emergency Order No.26

Brother Thomas wanted to warn everyone that local management is taking exceptions for not maintaining good housekeeping. Make sure that ALL of the units in your consist meet with the guidelines of Rule 70.11 and Rule 1.24. From what is highlighted below, even a sunflower seed on the floor can be considered a violation of Rule 70.11.

70.11: Housekeeping

Good housekeeping must be maintained at all times. Dispose of garbage, water bottles, used batteries, or other refuse material (such as sun flower seeds, smoke-less tobacco residues, cigarette butts, etc.) in a proper manner and in appropriate disposal receptacles. Do not discard aerosol cans in containers that may be incinerated. Company refuse facilities are not to be used for personal use. Do not place or allow tools, equipment or other materials to remain on floors, stairways, or walkways where they could cause a slip, trip or fall.
Note: See Rule 1.24, Clean Property.

1.24: Clean Property

Railroad property must be kept in a clean, orderly, and safe condition. Railroad buildings, facilities, or equipment must not be damaged or defaced. Only information authorized by theproper manager or required by law may be posted on railroad property.

Practice good housekeeping when taking charge of your power!! And don't be rushed into overlooking safety!!!!

5.8.2: Sounding Whistle

Brother Pike wanted to inform everyone that the FRA has been testing engineers whistling for men and equipment on or near the track. The FRA has set up test in "quiet zones" to see if engineers comply with the rule.

GCOR 5.8.2: Sounding Whistle

[8] - o Approaching men or equipment on or near the track, regardless of any whistle prohibitions.
After this initial warning, sound whistle signal (4) intermittently until the head end of train has passed the men or equipment.

SSI Item 9: Use of Engine Horns - Quiet Zone

General Order
Change to read as follows:
Quiet Zone: Quiet zones are designated in the timetable. Do not sound the horn for grade crossings within limits or at locations designated on the subdivision page, except as provided below.
Horn may be sounded to provide a warning to animals, vehicle operators, pedestrians, trespassers or crews on other trains in an emergency situation when engineer believes such action is appropriate in order to prevent injury, death, or property damage.
Horn must be sounded when:
● Employees are working on or near the track.
● Meeting or passing the head end or rear end of a train in the vicinity of a grade crossing.
● Notified that automatic warning devices are malfunctioning, sound whistle signal 5.8.2
(7) regardless of any prohibition.

Harassment & Intimidation Interpretation From FRA

Brothers,

Attached and below is the FRA interpretation of 49 CFR § 225.33(a)(1) prohibiting harassment and specifically addressing railroad supervisors going into the examination room during the exam of injured employees.

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

Railroad Accidents/Incidents: Reports
Classification, and Investigations
AGENCY: Federal Railroad
Administration (FRA), Department of Transportation.
ACTION: Notice of interpretation.

SUMMARY: FRA is issuing this notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room. This notice of interpretation informs the regulated community as to when such behavior constitutes harassment or intimidation calculated to discourage or prevent the reporting of an accident, incident, injury or illness. This document is not intended to address or impact statutory provisions related to providing ‘‘prompt medical attention, as enforcement of those provisions fall within the jurisdiction of the U.S. Department of Labor.

FOR FURTHER INFORMATION CONTACT:

Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of Safety Assurance and Compliance, FRA,
1200 New Jersey Avenue, SE., RRS–11,
Mail Stop 25, Washington, DC 20590
(telephone 202–493–6255); or Zeb
Schorr, Trial Attorney, Office of Chief
Counsel, FRA, 1200 New Jersey Avenue
SE., RCC–11, Mail Stop 10, Washington,
DC 20590 (telephone 202–493–6072).

SUPPLEMENTARY INFORMATION:

I. Background

Section 225.33(a) of Title 49 of the Code of Federal Regulations requires each railroad to ‘‘adopt and comply with a written Internal Control Plan addressing the railroad’s policies and procedures regarding accident/incident reporting. This section further requires that such Internal Control Plans include, at a minimum, a ‘‘policy statement declaring the railroad’s commitment * * * to the principle, in absolute

terms, that harassment or intimidation of any person that is calculated to discourage or prevent such person from receiving proper medical treatment or from reporting such accident, incident, injury or illness will not be permitted or tolerated * * *.’’ The FRA Guide for Preparing Accident/Incident Reports also notes that ‘‘many railroad employees fail to disclose their injuries to the railroad or fail to accept

reportable treatment from a physician because they wish to avoid potential harassment from management or possible discipline that is sometimes associated with the reporting of such injuries.’’ FRA Guide, Ch. 1, p.8. The FRA Guide goes on to state that supervisory personnel and mid-level managers in some instances ‘‘are urged to engage in practices which may undermine or circumvent the reporting of injuries and illnesses.’’ Id. FRA is aware of incidents in which a supervisor or other railroad official (hereinafter collectively referred to as the ‘‘supervisor’’) has accompanied an injured employee into an examination room, or other room in which the injured employee received medical treatment (hereinafter collectively referred to as the ‘‘examination room’’). While FRA is concerned that injured employees in such situations may not receive complete or prompt medical treatment, responsibility for ensuring that such treatment is afforded has been assigned by Congress to the Department of Labor. FRA is concerned that when accompanied by a supervisor an injured employee may be discouraged or otherwise prevented from reporting an accident, incident, injury or illness. Similarly, a supervisor may influence the type or extent of medical treatment afforded the employee in an effort to affect the reportability of that injury. Although concerns have been expressed as to the need for a railroad to determine the extent of an employee’s injuries, FRA does not believe that such concerns outweigh the potential pitfalls and problems associated with the practice of having supervisors accompany injured employees while they receive care from their physicians. Moreover, physicians are in the best position to evaluate the health of injured employees and the presence of a supervisor during such examinations would not, in most cases, add any value to the treatment of an employee and would, in general, be a distraction to both the employee and the physician.

The purpose of this document is to articulate a general principle regarding what behavior constitutes harassment or intimidation in violation of § 225.33(a)(1) in the particular context of supervisors accompanying injured employees in examination rooms. The interpretation contained in this notice reflects the longstanding position of FRA regarding this practice. This document is not intended to address or impact the meaning or application of the statutory provisions contained in 49 U.S.C. 20109 related to providing ‘‘prompt medical attention,’’ as enforcement and application of those provisions fall within the jurisdiction of the U.S. Department of Labor

II. Interpretation

A. General Principle

Harassment and intimidation occur in violation of § 225.33(a)(1) when a railroad supervisor accompanies an injured employee into an examination room, unless one or more of the exceptions listed in section II(B) of this notice exists.

B. Exceptions

FRA recognizes that there are limited circumstances in which it is appropriate, and indeed preferable, for a supervisor to accompany an injured employee into an examination room. Thus, FRA believes that limited exceptions to the general principle articulated in section II(A) of this notice are necessary. Consequently, FRA recognizes the following limited exceptions:

(1) The injured employee issues a voluntary invitation to the supervisor to accompany him or her in the examination room. The injured employee must issue this invitation freely, without coercion, duress, or intimidation. For example, an injured employee may seek the attendance of a supervisor where the supervisor is a friend. This exception does not encompass invitations issued by third parties, including physicians, unless the invitations are made pursuant to the request of the injured employee.

(2) The injured employee is unconscious or otherwise unable to effectively communicate material information to the physician and the supervisor’s input is needed to provide such material information to the physician. In these circumstances, the supervisor is assisting the injured employee in providing information to the physician so that the injured employee may receive appropriate and responsive medical treatment.

Issued in Washington, DC, on March 24, 2009.

Jo Strang, Acting Deputy Administrator, Federal Railroad Administration.

The FRA issued the attached notice of interpretation to inform interested parties of its application and enforcement of the harassment or intimidation provisions contained in 49 CFR part 225, specifically relating to situations in which a supervisor or other railroad official accompanies an injured employee into an examination room.

Kathleen Policy
Legislative, Political & Regulatory Coordinator
Brotherhood of Locomotive Engineers and Trainmen
Teamsters Rail Conference
25 Louisiana Ave. NW
Washington, D.C. 20001
Office: (202) 624-8766
Cell: (202) 552-9328
Fax: (202) 624-3086
policy@ble-t.org
www.bletdc.org

FRA cracks down on harassment of injured rail workers

CLEVELAND, March 30 — BLET National President Ed Rodzwicz today hailed action by the Federal Railroad Administration to crack down on the harassment and intimidation of injured rail workers.

In today’s Federal Register, the FRA published a worker-friendly interpretation of 49 CFR Part 225-Harassment and Intimidation Prohibition. The FRA now interprets harassment and intimidation of workers to occur when railroad supervisors accompany injured employees into an examination room.

“Workers often feel uncomfortable or intimidated when a representative of railroad management enters the doctor’s examination room after the worker has sustained an on-the-job injury,” President Rodzwicz said. “On behalf of all BLET members, I thank the FRA for clarifying this point and improving the protection of injured rail workers.”

There are exceptions to the rule — a railroad supervisor can enter the exam room if the injured employee issues a voluntary invitation, or if the employee is unconscious or unable to communicate and the supervisor’s input is needed to provide material information to the physician.

The rule came about after injured workers complained that unwelcome railroad supervisors entered exam rooms in an attempt to persuade doctors to issue less severe diagnoses. The less severe the diagnosis, the less likely the injury would have to be reported to the FRA.

The FRA can issue harsh financial penalties to rail companies for harassing and intimidating workers.

“This new rule protects the privacy of our members and allows them to have the same doctor-patient confidentiality that all Americans enjoy,” President Rodzwicz said. “The BLET sees this favorable interpretation as a step in the right direction by the FRA.”

A copy of the interpretation is available on the BLET website at:
http://www.ble-t.org/pr/pdf/49CFRPart225H&I.pdf

Monday, March 30, 2009
bentley@ble.org

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This is only a informational website only. Information and statements contained on this web site has been provided for the benefit of BLET Division 333 Members. The Brotherhood of Locomotive Engineers and Trainmen, Division 333 and this webmaster are not liable for discrepancies, omissions, opinions, whether     expressed, implied, false or misleading content. All content © 2008 Brotherhood of Locomotive Engineers and Trainmen Division 333.