Railway Safety Act Review Submission

I would like to address the following concerns and challenging conditions of Railway Safety from a “Safety sensitive employee” working for CN Rail.

1. Fit for duty. CN Attendance Management Policy. 2. Occupational health and safety. 3. Train length and tonnage. 4. Inspection points 5. Conclusion 6. Attachments – presented at June 4,07 Saskatoon’s meeting

Fit for Duty. CN Attendance Management Policy. See attachment.

Under the RAC (The Railway Association of Canada) an employee in a safety sensitive position must be fit for duty. Definition on page3 says “ Fit for Duty” means reporting for duty rested and prepared to maintain alertness for the duration of the tour of duty.

Why is it when a person in a safety sensitive position cannot book off “Unfit” the working board with CN rail? Many of the employee’s have indicated to me that the only way to govern your self is by booking off in sick status with the company. This booking off “sick” has lead to many investigations with the employee’s, and discipline has been handed out many times over the years, contrary to the Canadian Labour code part 3 division 8 “sick leave” See attachment.

Why did CN Railway take this away from the transportation employee’s who need it? They are in need of transportation employees; some say 500 – 1000 employees across the system. So if you’re a company, short of employees and need more man power just take away their “ Unfit” status and intimidate them into work even if they’re not fit for Duty. At the same time CN Rail also took away our right to book off personal status. See attachment.

Is this against Government Railway operating regulations? The answer is YES. See attachment.

Recommendation for “Fit for Duty”. CN Attendance Management Policy.

See that every Railway in Canada adheres to a policy, so that it provides a way for safety sensitive employees, have the ability to book off “unfit” when they feel that they are not “Fit for Duty”. Occupational health and safety.

Why is it where we set up Occupational health and safety committees, the committees are not allowed to inspect their own workplace?

Both the Teamsters Union and the U.T.U have asked CN Rail to set up joint committees to inspect our workplace (track condition) but to no avail been denied. Do we not have the right to inspect our own workplace as part of the Canada Labour Code, part two? See attachment.

Do we work in an unhealthy environment?

All you need is to go to any CN diesel locomotive engine, climb aboard and see for your self. From the ceiling to the floor is either filthy or parts are missing, seats are never replaced (usually the same ones from the manufacturer) heaters, fridges, windows toilets are fairly dusty or dirty.

Recommendations for Occupational health and safety.

Have joint union committees to inspect the track along with maintenance workers to go on such as special “sperry” car to look over the track.

Have joint union committees to inspect diesel locomotives for cleanness and safety concerns at inspection points such as Winnipeg, Edmonton, Etc.

We need more Transport Canada safety inspectors; we only have one safety inspector presently here in Saskatchewan.

Train length and Tonnage.

When I was qualified back in 1993 at Gimili, M.B. as a CN Rail locomotive engineer they wanted us to train with train lengths of no more 6,000 feet and at that time fuel conservation was the up most concern. Train length and tonnage was not a concern with CN as they had enough power and manpower to run their trains through the country.

As time goes on, so does the end of the line (retirement) It seemed by every three years CN rail wanted to ad more footage (and thus more tonnage) to their trains through union negotiated contracts. Needless to say, they (CN) could see an opportunity to ad revenue footage without adding the cost of hiring more manpower. This is where we stand today with own fault and conviction of train length and tonnage. Trains are too long and too heavy for engineers to handle and for maintenance employees to keep up. We have lost the size of crew, at which, once upon a time was four.

We have lost the caboose, which was a very good safety tool for inspecting trains and inspecting track conditions.

Recommendations for Train length and Tonnage.

Reduce the size of the trains to no more than 6,000 feet, so we can easily inspect trains properly.

Maybe bring back the caboose, so we can inspect not only our train but also our track as we go by it.

Inspection Points

Presently at CN Rail we do inspections of inbound and outbound trains and also inspecting trains on line. This is a good safety system, but improvements can be made.

Where? Well CN Rail could be installing a wayside inspection walkway, where employees on both sides of the track would have a safe place to walk to and stand for passing inspections.

This would be done at every siding and at both ends of the siding or at designated inspection points as designated by CN Rail.

A good friend of mine broke a leg in the process of inspecting a train, as the employee was taking position on the ground to inspect a passing train, the employees leg found a gopher hole and in the course, a leg was broken.

At this time CN Rail has no wayside or designated inspection areas that I know of to this date.

Recommendations for Inspection Points

Make it policy so at every siding or designated area has a safe inspection area, so employees can safety inspect trains without causing personal injury to themselves. Conclusion

Have a policy in place for all railways to follow so safety sensitive employees can book off in “Unfit” status so not to put themselves, fellow workers and public safety at risk.

Management and joint union representatives “task force” to inspect the “workplace (track) and have safety inspection of diesel locomotives at designated diesel shops.

We need more Transport Canada Reps in all regions. (Saskatchewan).

Reduce the size and weight of trains, so we can easily inspect and handle the train.

Railways should have “designated safety inspection points”, where they can easily inspect trains without compromising their own personal safety.

The Canadian Federal Government needs to make drastic changes to the Railway Safety Act. These changes can significantly amend the outcome in so many potential derailments and accidents across our country.

Thank you for your time and consideration,

Don Davidson