WASHINGTON – Warnings of speed violations have been issued by the National Transportation Board, which urges unions, their members, carriers and the Federal Railroad Administration to work collaboratively to ensure compliance of train and engine crews with speed restrictions.

The NTSB action followed its investigation of five rear-end collisions where the NTSB concluded that crewmembers “failed to operate their trains at the required restricted speed.” Two of the rear-end collisions resulted in fatalities.

Said the NTSB:

“Signal systems provide for the safe separation between trains. However, there are times when trains are authorized to occupy the same sections of track. In these cases, safe train operations rely solely on crewmember compliance with the railroad’s restricted speed requirements.

“Typically, these requirements include being prepared to stop within one-half the range of vision. Complete understanding of, and strict compliance with, restricted speed requirements are absolutely mandatory to prevent catastrophic train collisions.”

Specifically, the NTSB urged the UTU and Brotherhood of Locomotive Engineers and Trainmen to educate their respective rail membership so that all involved recognize “the importance of operating their trains in accordance with restricted speed operating rules.”

Additionally, the NTSB urged the UTU and the BLET to work collaboratively with railroads “to identify the potential for similar occurrences and to take appropriate mitigating actions.”

The NTSB also urged railroads to “emphasize adequate training and ensure the compliance of train crews operating at restricted speeds.”

The NTSB does not have regulatory authority – only investigative authority. Thus, the NTSB makes recommendations to carriers, labor organizations and the Federal Railroad Administration – the latter having regulatory authority over rail safety.

The five accidents referred to by the NTSB were:

* Red Oak, Iowa, April 17, 2011, on BNSF

* Low Moor, Va., May 21, 2011, on CSX

* Mineral Springs, N.C., May 24, 2011, on CSX

* DeWitt, N.Y., July 6, 2011, on CSX

* DeKalb, Ind., Aug. 19, 2011, on Norfolk Southern

UTU National Legislative Director James Stem, in commending the NTSB for its “diligence in helping to save lives,” said, “Compliance with restrictive speed is a common sense application of safety concepts when following another train. This is another example of operating rules that offer good advice.”

It has taken more than a decade for railroads to connect the dots and recognize that their annual Harriman Safety Award contest, which tied managerial bonuses to low reportable injury rates among workers, was creating an unfortunate incentive for supervisors to intimidate and harass workers not to report minor on-duty injuries.

This week, the Association of American Railroads said it would send to the dust bin of history that controversial annual  safety award.

Indeed, the Occupational Safety and Health Administration (OSHA) observed in 2011 that one railroad’s culture of intimidation and harassment permitted that railroad to “maintain the appearance of an exemplary safety record.” Of another railroad, OSHA said that the carrier had “created a climate of fear instead of a climate of safety,” and that the railroad “must take immediate steps to change this unacceptable pattern of retaliation.”

For years, the UTU collected file drawers full of verified complaints from members of carrier intimidation and harassment following an on-duty injury. An attempt was made – in collaboration with the Federal Railroad Administration – to convince railroads to change the formula for judging carrier safety records so as to discourage employee intimidation and harassment.

When that effort failed, the UTU turned to Congress — the result being a section of the Federal Rail Safety Act of 2007.

The law’s purpose is to protect rail workers from retaliation and threats of retaliation when they report injuries, report that a carrier violated safety laws or regulations, or if the employee refuses to work under certain unsafe conditions or refuses to authorize the use of any safety related equipment.

The law also prohibits an employer from disciplining an employee for requesting medical or first-aid treatment, or for following a physician’s orders, a physician’s treatment plan, or medical advice.

Following passage of the law, and with assistance of UTU Designated Legal Counsel, evidence of intimidation and harassment of workers by railroads was delivered to OSHA, which began imposing significant fines and punitive damages.

The AAR said, in announcing cancellation of the Harriman award beginning in 2013, that “a yet-to-be-determined program” will be created in its place to “encourage the sharing of best rail-safety practices across the industry.”

Said UTU National Legislative Director James Stem: “We congratulate the industry for moving in the right direction. A much less controversial process — one by which labor, management and our suppliers agree rewards safe operations – will benefit the entire industry. We look forward to turning the page and working positively with the industry in this effort.”

Click here for a joint letter from UTU International President Mike Futhey and Sheet Metal Workers’ International Association General President Joe Nigro on the merger between our two organizations to become the Sheet Metal, Air, Rail & Transportation Workers (SMART).

Revisions to the Anthem Voluntary Short Term Disability (VSTD) plan that better reflect the actual claims experience of our rail members and adjust to the prevailing market rate for this type of coverage will become effective Jan. 1, 2012.

Revisions to the Lincoln National Life Short Term Disability plan for bus members are being evaluated and should be available within the next 60 days.

The UTU Board of Trustees has carefully studied the various options available to our group and concluded that these revisions are warranted and necessary for the long-term health and viability of the plan.

First and foremost, our focus is to maintain a basic “safety net” of coverage for our members while balancing plan costs with plan benefits.

The revisions below are effective Jan. 1, 2012. If you currently do not participate in the Anthem VSTD plan because you had previously waived coverage, you are not affected by these revisions.

•The monthly premium has changed to $34.50 per month from $31 per month.

•The plan no longer provides benefits for alcoholism or drug addiction treatment at a rehabilitation center or other institution approved for such treatment.

•The benefit period has been reduced to 26 weeks for all disabilities.

Except for these revisions, there are no other changes to the plan or its operation.

There are no new pre-existing condition exclusions to satisfy under the revised plan.

If you have already satisfied the 12-month pre-existing condition exclusion period, or are in the process of satisfying it, then your status will carry forward to the revised plan. Your enrollment date under the original plan will apply to the revised plan.

If you become a member of the plan, for the first time, on or after Jan. 1, 2012, you will be subject to a 12-month pre-existing condition exclusion period (the same provision as existed under the original plan).

If you incur a disability that commences on or before Dec. 31, 2011, your disability benefits (for the entire period of that disability) will be calculated based on the original plan benefits in effect prior to the Jan. 1, 2012, revisions. All disabilities that commence on or after Jan. 1, 2012, will be subject to the revised plan guidelines.

Your benefits remain 100% tax-free.

If you own a UTUIA disability plan, you may continue to collect those benefits with no offset to your Anthem disability benefits 

The premium change will be made effective with your December 2011 pay. This will happen automatically through your local treasurer to ensure your coverage is not interrupted. There is nothing for rail members to do to continue this valuable coverage.

If you decide to leave the plan, you must notify us with a waiver form (available on the UTU website), completed and mailed to the International. Once we receive your waiver form, we will contact your local treasurer to discontinue deductions and make any necessary refunds to you. 

Once you submit a waiver form, you will no longer be eligible to participate in the plan. If you wish to re-enroll at a later date, you will be subject to full underwriting at your expense, with no guarantee of acceptance. If you are accepted, you will be required to satisfy a new 12-month pre-existing condition exclusion period.

Waiver forms should be mailed to: Attn: Dora Wolf, United Transportation Union, 24950 Country Club Blvd., Suite 340, North Olmsted, OH 44070-5333.

In 2009, the UTU introduced the Anthem (VSTD) plan and made preparations for the initial enrollment. The plan has received overwhelming support from our rail members, with more than 40,000 enrolled. Since its inception, UTU members have become eligible for over $25,000,000 in disability benefits. While we never want to see our members sick or injured, we are excited that the Anthem plan was available when they needed it.