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Minnesota State
Legislative Board
Chairman: David K.
Brown
1040 64th Ave. NE
Fridley, MN 55432
Office: (612) 987-2711
Email:
mnslbc@comcast.net
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GAO HOS
Report 2011
Freight Railroad Safety: Hours of
Service Changes Have Increased Rest Time, but More Can Be Done
to Address Fatigue Risks
GAO-11-853 September 28, 2011
Highlights Page (PDF) Full Report (PDF, 76 pages) Accessible
Text E-supplements Recommendations (HTML)
Summary
The Rail Safety Improvement Act of 2008 (RSIA) overhauled
requirements for how much time certain freight railroad workers
can spend on the job (called "hours of service"). Changes
included limiting the number of consecutive days on duty before
rest is required, increasing minimum rest time from 8 to 10
hours, and requiring rest time to be undisturbed. RSIA also
provided for pilot projects and waivers. RSIA's changes became
effective for freight railroads in July 2009. GAO was asked to
assess (1) the impact of these changes on covered train and
engine (T&E) employees, including implications for fatigue, (2)
the impact of the changes on the rail industry, and (3) actions
the Federal Railroad Administration (FRA) has taken to oversee
compliance with hours of service requirements and implement RSIA
provisions for pilot projects and waivers. To perform this work,
GAO analyzed covered employee work schedules and used models to
assess fatigue, surveyed the railroad industry, analyzed FRA
inspection and enforcement data, and interviewed federal and
railroad officials as well as fatigue and sleep experts.
According to GAO's analysis of covered employee work schedules,
RSIA's requirements led to changed work schedules, increased
rest time, and reduced risk of fatigue for covered T&E
employees. RSIA's consecutive work day limits and rest
requirements contributed to work schedule changes and increases
in rest time. Increased rest time also led to equivalent
decreases in the hours that covered employees worked. Overall,
GAO found, using an FRA-validated fatigue model, that the time
covered employees spent working at a high risk of fatigue-- a
level associated with reduced alertness and an increased risk of
errors and accidents--decreased by about 29 percent for
employees of class I railroads (those with the largest revenues)
and by about 36 percent for employees of selected class II
railroads (those with smaller revenues). GAO's analysis also
shows that there are further opportunities to reduce fatigue
risk. Specifically, RSIA's changes did not result in material
decreases in night work, yet scientific literature and GAO's
analysis show night work represents a major factor in fatigue
risk. As might be expected from changes aimed at improving
safety by reducing covered employee fatigue, the railroad
industry reported that RSIA's hours of service changes had
operational and administrative effects on it, some of which
increased some railroads' one-time or ongoing costs. GAO did not
determine how RSIA's changes affected railroads' earnings; but
the act took effect as the economy was starting to recover from
the recession that began in late 2008. Through its industry
survey and interviews, GAO found that RSIA's changes affected
railroad operations, including changes to crew and train
schedules and increases in staffing levels. Railroad officials
GAO spoke with attributed these changes to RSIA's consecutive
work day limits and rest requirements, both of which acted to
reduce people's availability to work. To maintain operations
while complying with the law, railroad officials told GAO they,
among other things, hired new employees or brought employees
back from furlough. GAO estimated that adding people--120 to 500
each by some class I railroads--increased these railroads'
annual costs by $11 million to $50 million. Administrative
effects reported by railroads included a need for railroads to
revise their hours of service timekeeping systems. FRA uses a
risk-based approach to oversee compliance with hours of service
and other safety requirements, analyzing inspection and accident
data to help target inspections to activities where
noncompliance is associated with a greater risk of accidents.
GAO's analysis of inspection and enforcement data for the years
before RSIA took effect and for the following year show it is
too early to determine if FRA has changed the priority it
assigns to overseeing hours of service requirements or if a
change in priority is warranted. FRA has not been able to
implement RSIA-required pilot projects because no railroads have
chosen to participate. Nor has it approved voluntary pilot
projects designed to test the fatigue-reduction potential of
alternatives to RSIA requirements. FRA has approved petitions
for waivers of compliance with hours of service requirements for
some railroads, but is not required by RSIA to collect data on
the safety effects of the approved alternatives. Data from pilot
projects--if implemented-- and waivers could be used to improve
FRA's assessment of fatigue issues. FRA should, among other
things, assess the fatigue risk of work performed during night
hours and develop data from pilot projects and waivers to help
assess fatigue issues. The Department of Transportation raised
concerns about findings related to the oversight process and
provided additional clarifying information. Based in part on
this additional information, GAO withdrew part of a
recommendation. GAO also made other clarifications in the
report.
Recommendations
Our recommendations from this work are listed below with a
Contact for more information. Status will change from "In
process" to "Open," "Closed - implemented," or "Closed - not
implemented" based on our follow up work.
Director: Susan A. Fleming
Team: Government Accountability Office: Physical Infrastructure
Phone: (202) 512-4431
Recommendations for Executive Action
Recommendation: To ensure that FRA's implementation of hours of
service requirements in the freight railroad industry maximizes
opportunities to reduce the risks of accidents and incidents
related to fatigue, the Secretary of Transportation should
direct the Administrator of FRA to evaluate and develop
recommendations about the relative impact of consecutive days
worked and work performed during night hours on the potential
for fatigue and risk of accidents in the freight railroad
industry. This evaluation should attempt to determine if taking
night work into consideration in the hours of service
limitations (such as by requiring more rest after night work)
would enable some relaxation of the current limits on
consecutive days worked before rest is required in such a way
that the same or better overall reduction in fatigue risk occurs
while mitigating negative effects on employees and railroad
operations. In performing this evaluation, FRA should consider
scientific and medical research related to fatigue and fatigue
abatement and data from pilot projects and waivers of compliance
with hours of service requirements that relate to fatigue levels
and consecutive days worked and work performed at night. FRA
should also communicate the results of the evaluation to
appropriate congressional committees for their consideration.
Agency Affected: Department of Transportation
Status: In process
Comments: When we confirm what actions the agency has taken in
response to this recommendation, we will provide updated
information.
Recommendation: To improve FRA's targeting of its inspection
resources and understanding of the effect of work hours on
fatigue, the Secretary of Transportation should direct the
Administrator of FRA to work with the railroad industry to
identify pilot projects that could be implemented to test the
fatigue reduction potential of alternatives to the current hours
of service laws. Also, collect safety indicator and accident and
incident data from participants in pilot projects and railroads
with waivers of compliance with hours of service requirements to
determine the effects of such pilot projects and waivers on
covered employee fatigue and participant safety performance. FRA
should then incorporate the results of both efforts into the
risk assessment process used to determine the allocation of
inspection resources and report the results to appropriate
committees of Congress.
Agency Affected: Department of Transportation
Status: In process
Brothers and Sisters,
The carriers are attempting to circumvent the locomotive and
train inspections. Please, when you inspect both of the
locomotive cards look for the location and person performing.
If you find any inspections that have been signed off out of
country, please get a copy (picture) and unit number and train
ID then forward that information to me via email or mail to my
address or fax it to me.
We can not let any of these locomotives slip by. I have attached
the joint labor response.
Fraternally,
Dave
Learn To Be Safe and Live Another
Day For Life – Be Prepared Not Surprised
"It's hard to believe that in an era when grandmothers and
children are being invasively patted down at airports in the
name of security, a railroad is asking to allow safety
inspections to take place before a train actually enters the
U.S. -- and in a nation that has suffered unprecedented drug war
violence".
This ought to be laughed out of the court of public opinion, and
it may well be time for Homeland Security to weigh in." - Ed
Sills TxAFLCIO
http://www.progressiverailroading.com/prdailynews/news.asp?id=25231
Brothers and Sisters,
I have attached a Safety Advisory notice from the Federal
Railroad Administration. The notice pertains to staying alert
and our situational awareness.
The FRA issued this Safety Advisory to remind the carriers and
their employees as to the importance of situational awareness
and the need to stay alert whenever the job that is being
performed changes. This safety advisory contains recommendations
to the railroads to ensure that these issues are addressed by
appropriate policies and procedures.
Fraternally,
Dave
FRA Safety Advisory
2010
09/30/2010 - Brothers and Sisters,
I have attached the voting record for the US Senate on issues
that are important to our members.
Please copy and post for all our members.
Fraternally,
Dave
Senate Voting Record 111th
09/29/10- Brothers and Sisters,
I have received the FRA's final ruling on cell
phones and other electronic devices from our
Brother Bruno.
Please read and inform all of our members to
just turn them off from start to finish.
Fraternally,
Dave
FRA
Final Rule Cell Phone and Electronic Devices
Brothers and
Sisters,
I am pleased to announce that we have now have crew van language
in law here in Minnesota . The Governor signed the Omnibus
Transportation Policy Bill into law yesterday.
I have attached the bill and the Gov's card of record for your
review.
The crew van language is in Sec. 55 on page 49 (49.1) - 51
(51.19).
We have other language in this bill and they can be found in
Sec. 53 and 54 on page 47 (47.15) - 48 (48.35)
Please find the time to call and thank Sen. Olseen and Rep. Davine for their hard work in this passage.
Fraternally,
Dave
2010
Transportation Bill - (railroad crew van language on pages
39 - 42)
Brothers and Sisters,
Your help is needed to call your Representatives in DC . Ask
them to support and vote to pass bill H.R 6150.
On September 16, H.R. 6150 was
introduced by Representative Elton Gallegly (R-CA) to amend the
limitation on liability for certain passenger rail accidents or
incidents under section 28103 of title 49, United States Code.
Representative Grace Napolitano (D-CA) and 5 Democrats have
joined with Representative Gallegly and 5 other Republicans as
original co-sponsors (see list of original co-signers below).
The bill increases the rail passenger damage limit from $ 200
Million to $500 Million, and adds a COLA index. Because time is
so urgent (due both to the Federal Court Interpleader that was
filed in August by the defense tendering $200 Million cap, and
the fact that Congress is scheduled to adjourn on October 8 to
campaign for the November mid-term elections), your help is
needed right away. Please contact your representatives and ask
them to pass H.R. 6150 before they adjourn early next month.
David K. Brown
Chairman Minnesota State Legislative Board
Brotherhood of Locomotive Engineers and Trainmen
International Brotherhood of Teamsters Rail Conference
Cell: 612-987-2711
Fax: 763-586-9270
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