OF THE
HOUSE TRANSPORTATION
AND INFRASTRUCTURE COMMITTEE
*******
April 29, 1998
10:30 a.m.
Presented by
Gerald R. Hanas
Chair, APTA Commuter Rail Legislative Subcommittee
and General Manager
Northern Indiana Commuter
Transportation District
American Public Transit Association
1201 New York Avenue, N. W.
Washington, DC 20005
(202) 898-4000
APTA is a nonprofit international association of over 1,100 member organizations including transit systems; planning, design, construction and finance firms; product and service providers; academic institutions, and state associations and departments of transportation. APTA members serve the public interest by providing safe, efficient and economical transit services and products. Over ninety percent of persons using public transportation in the United States and Canada are served by APTA members.
Good morning Chairman Franks and members of the Railroads Subcommittee.
My name is Gerald Hanas, and I am the General Manager of the Northern Indiana Commuter
Transportation District. I also serve as Chair of the Commuter Rail Legislative
Subcommittee of the American Public Transit Association (APTA.) I am privileged to testify
today on behalf of APTA in regard to the human aspects of railroad safety.
As the topic of today’s hearing is human factors, I want to begin
by congratulating the workers at my agency for rising to the challenge last month during
severe ice storms which hit Indiana and parts of the Midwest. Much of the infrastructure
supporting my system was severely damaged during these storms, causing a stoppage of
service during a declared state of emergency. Working around the clock, the employees of
our agency rebuilt large portions of the system and service was restored. Ridership now
exceeds levels from before the disruption of service.
I assure the Subcommittee that employees committed to providing service
to our customers are committed even more passionately to ensuring railroad safety. My
testimony will focus on the programs which are most effective in doing so.
About APTA and Commuter Rail
APTA is a private, non-profit trade association that represents the
North American transit industry. Established in 1882, APTA has more than 1,100 member
organizations, including transit systems; planning, design, construction and finance
firms; product and service providers; academic institutions; and State Associations and
Departments of Transportation. APTA members serve the public interest by providing safe,
efficient and economical transit services and products. Over ninety percent of persons
using public transportation in the United States and Canada are served by APTA members.
Most germane to this hearing, APTA’s membership includes fourteen
U.S. commuter railroads. These rail agencies transport over 1.2 million people every day.
APTA’s recent report titled Serving America’s Emerging Suburban Urban Economy
identifies commuter rail as an economic lifeline between cities and suburbs,
generating benefits for the commuter and non-commuter alike. Demand for commuter rail
service is on the rise. Overall commuter rail ridership increased almost ten percent
between 1993 and 1996. In addition, at least 15 other U.S. communities have new commuter
rail projects in the planning stages.
Commuter Rail and Safety
Safety has been and will continue to be a top priority for commuter
railroads -- a commitment that is reflected in their excellent safety records. Commuter
rail agencies fully appreciate their public responsibility to operate safe systems for
their riders and their employees, and will continue to honor this commitment in the years
ahead.
Earlier in the year, Federal Railroad Administrator Jolene Molitoris
told a meeting of FRA’s Rail Safety Advisory Committee that preliminary numbers
indicate that 1997 was the safest year in railroad history in terms of train accidents and
employee injuries, both of which dropped sharply in 1997.
The railroad industry’s long-term and short-term safety record is
excellent. The overall train accident rate has fallen by 22 percent since 1990, and by an
astonishing 56 percent since 1981. Derailments and employee injuries have shown similar
improvement. Federal data reveal that railroads have lower employee injury rates than
competing transportation modes and American industry generally. But as good as these
numbers are, APTA’s commuter rail members have not let success retard their efforts
to make passenger rail service even safer.
Commuter Rail Safety Initiatives
Such success is attributable to a continuing commitment to rail safety
on the part of the nation’s commuter railroads, a commitment that is reflected in
several new, innovative approaches to rail safety. Following are several of the new safety
initiatives in which the nation’s commuter railroads are participating:
- Renewed Commitments to Employee Training:
Commuter railroads continually review the
human factors involved in train operations to find ways to improve the safety of
operations while maintaining cost-effective service. They invest millions of dollars in
training and other employee education programs. For example, in February, APTA, FRA and
FTA sponsored a highly successful seminar on worker fatigue that attracted over a hundred
rail labor and management officials from across the country. Workshop participants
developed an eight point action plan focused on the educational and training efforts that
constitute the critical first steps toward enhanced fatigue management and fitness for
duty programs at our member railroads.
- System Safety Plans:
All APTA member commuter rail agencies voluntarily established
system safety plans in 1997. System safety is an approach in which every employee and
supervisor is responsible for the safe operation of the railroad. Every aspect of the
railroad’s operation is analyzed to determine its likelihood of becoming a safety
problem. Follow-up measures are prioritized. Emphasis is on doing whatever it takes to
maximize safety performance.
- Commuter Rail System Safety Audits:
Under this program, APTA audits the system
safety management practices of its members to measure the effectiveness of local safety
programs, and how each individual commuter rail system’s safety efforts can be
improved. APTA is working with FRA to coordinate this program with FRA’s Safety
Assurance and Compliance Program in order to provide coordinated and effective assistance
to commuter railroads in safety matters.
- Rail Safety Advisory Committees (RSAC):
Formed in March 1996, RSAC represents a
significant advance in FRA’s rulemaking process. APTA applauds FRA’s move to
consensus-based rulemaking, and fully endorses the RSAC process. Experts from throughout
the rail industry are working together in technical working groups to establish standards
on Emergency Preparedness, Radio Communication, Event Recorders, Roadway Worker Safety,
and other areas. We consider this participatory process involving rail labor, rail
management, and FRA to be the most effective way to identify safety improvements that will
result in significant safety improvements for rail passengers and employees.
- Passenger Rail Equipment Safety Standards (PRESS):
Commuter railroads have
contributed $1.2 million to develop standards for this effort, and recently dedicated an
additional $1 million to maintain these standards and initiate certain Research and
Development efforts.
Sustaining a Proactive Safety Culture
Commuter rail services are provided through public agencies, which are
publicly funded and responsive and sensitive to public expectations. Safety stands first
and foremost among these public objectives.
A key aspect in commuter rail safety performance is the new emphasis on
proactive, self initiated, programs which routinely identify and address safety problems
without waiting for regulatory intervention. An example of this is the system safety plans
noted above which were voluntarily put into operation by commuter railroads in 1997.
Such self initiated efforts are facilitating a transition from the old
attitude of blind adherence to regulation to a new and personal commitment to safety. This
new approach helps in achieving the following:
- it nurtures a proactive culture of safety within an organization by heightening
awareness among all employees;
- it puts the onus for safety on the system;
- it emphasizes safety performance, holds management accountable, and leads to effective
management policies; and
- it encourages commuter railroads to make thoughtful changes to enhance safety, instead
of the current reactionary environment to regulations and citations.
Proactive system safety program plans, enforced through FRA oversight
and inspections, are the most effective approach for encouraging a culture of safety and
for identifying safety problems before they result in an accident. In addition, commuter
railroads recognize the ongoing role of existing federal guidelines for equipment, hours
of service, and other safety standards.
APTA urges the Subcommittee to reauthorize the Rail Safety Act without
requirements for additional regulations. Additional requirements could divert limited
resources away from projects which are designed to improve rail safety or, alternatively,
result in increased passenger fares which cause rail riders to return to their cars, a far
more hazardous mode of transportation.
Fatigue Management Plans
On April 1, the U.S. Department of Transportation submitted to Congress
its proposed Rail Safety bill. The bill includes a number of new provisions. Most notable
among these is a requirement that each railroad and its affected employee groups jointly
submit for FRA approval fatigue management plans that prescribe appropriate
countermeasures aimed at worker fatigue.
Some of the suggested countermeasures include predictability in start
times, reducing the number of nighttime split shifts, phone calls for reporting to duty,
policies on napping, and review of conditions at lodging facilities. Such measures are
aimed at the unique nature of rail freight employment, but would not be relevant to
commuter rail employees who work regular schedules within their general metropolitan
areas.
Nonetheless, APTA agrees that fatigue and fitness for duty are also
critical components of commuter rail safety. I again call the Subcommittee’s
attention to the recent APTA/FRA/FTA seminar on worker fatigue, and the action plan that
was adopted.
The Administration’s reauthorization proposal, however, would put
fatigue programs under FRA’s regulatory umbrella, requiring that local solutions for
work/rest issues be approved by FRA. APTA believes that fatigue and fitness for duty
issues are diverse, complex topics which are not identical at every railroad and are not
well suited for federal regulation. We feel it is much more appropraite to include fatigue
mitigation efforts within the System Safety Plans specifically tailored to each individual
commuter railroad.
The federal Hours of Service Act provides a statutory safeguard against
worker fatigue. Beyond that, the concept of an additional fatigue mitigation initiative is
good. The process outlined in the Administration proposal, however, is not the best
alternative for encouraging the cooperative, innovative programs which will enhance local
fatigue and safety efforts. APTA pledges to continue working with FRA on this critical
issue.
I also caution the Subcommittee that some of the fatigue issues raised
by FRA are matters typically addressed through contract negotiations. A
"consensus-based" fatigue management plan could allow labor or management to put
certain contractual issues back on the table. This could blur the distinction between
safety and contract issues.
Finally, as indicated in the Administration proposal, more research is
needed on the subject of fatigue as it relates to fitness for duty. APTA pledges to work
with FRA in helping to identify research topics, and to participate in a national research
effort.
Hours of Service:
The Administration has proposed that the Hours of Service Act be
expanded to cover an additional class of worker, i.e. independent contractors. APTA is
concerned that such a change could impact rail safety, rail operations, and labor
contracts, in ways that are not known or understood. Further, APTA is very concerned about
any new record-keeping requirements that may results from the proposal, and the liability
for any violation of Hours of Service Act restrictions attributable to an independent
contractor. There is no justification for holding railroads responsible for the hours
worked by employees of independent contractors since railroads do not exercise any control
over the employees’ hours or have any way of monitoring the time they spend working.
It is important for the Subcommittee to note that issues involving the
Hours of Service Act go far beyond the substance of the Administration’s proposal.
Indeed, the current the Hours of Service Act is due for a comprehensive review and
overhaul. Given these concerns, APTA believes that it is not logical to compound the
current Hours of Service Act problems by adding coverage to include an additional class of
workers.
APTA believes that fatigue and Hours of Services issues can best be
addressed through the RSAC process. This is an appropriate forum for management and labor
representatives to discuss and develop solutions to the fatigue problem. Once a
comprehensive plan has been developed, the parties can present to Congress its plan and
suggested implementation legislation.
Protection of Employees and Witnesses
The Administration proposal would prohibit railroads from discharging
or discriminating against employees who (1) report on-the-job injuries or illnesses, (2)
aid a federal safety investigation, or (3) refuse to authorize the use of equipment, track
or structures which the employee believes to be in hazardous condition and would endanger
human life.
APTA is unaware of any incidents involving commuter railroads that may
have triggered the need for such legislation. Certainly, we do not condone any such
actions against persons who legitimately raise safety concerns.
However, to our knowledge, this is not a problem of any magnitude. A
record does not appear to exist that would justify negative implications toward
management, or to abandon the partnership approach subscribed to for other rail safety
issues.
Moreover, we are concerned that the Administration’s proposal
would cause a conflict in the chain of command with respect to safety. While management
needs to listen carefully to any and all observations which may involve safety, it is
critical that a clear and certain chain of command exist in regard to decision-making on
safety and operational matters.
Current federal and state laws address this subject. An additional law
is not needed. Therefore, APTA opposes the provision as a part of any rail safety
legislation.
Conclusion
APTA believes that the safety initiatives of commuter railroads have
produced favorable results, and have given rise to an employee culture more responsive to
safety performance. We believe the programs outlined in this testimony, with emphasis on
proactive System Safety Plans, can be the foundation for a new approach to rail safety.
We urge Congress to reauthorize the Rail Safety Act largely as is
without new requirements, while building upon the consensus-based rulemaking process,
which FRA has successfully put into place.
Thank you for the opportunity to testify. I would be happy to answer
any questions or provide any information that may be useful to the Subcommittee.
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