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BNSF Changes Policies on Injury Reporting

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BNSF Changes Policies on Injury Reporting Volume 45 February 2013 Number 2 www.utuia.org www.utu.org The Official Publication of the United Transportation Union BNSF changes policies on injury reporting BNSF Railway has agreed to change policies ting results which will greatly benefit our mem - that federal officials say discouraged workers from bers,” UTU International President Mike Futhey reporting injuries and safety violations. said. As part of the deal announced last month by “This accord makes significant progress toward the Occupational Safety and Health Administra - ensuring that BNSF employees who report tion (OSHA), BNSF will make settlement offers injuries do not suffer any adverse consequences in 36 cases involving employees who filed for doing so,” said Assistant Secretary of Labor for whistleblower complaints alleging they were Occupational Safety and Health Dr. David harmed by company policies. Michaels. “It also sets the tone for other railroad employ - ers throughout the U.S. to take steps to ensure Workers faced retaliation that their workers are not harassed, intimidated for reporting injuries or terminated…for reporting workplace injuries,” Michael added. Between 2007 and 2012, 1,206 railroad whistleblower complaints were filed, OSHA said. Other rails still have policies Of those, more than 60 percent involved an alle - gation that a worker faced retaliation for report - discouraging reporting ing an on-the-job injury. “These injuries occurred to a variety of work - The settlement announced last month was ers, including track workers, signalmen and loco - BNSF officials said the company, which is unique to BNSF, but other railroads still have motive engineers,” she added. owned by investor Warren Buffett’s Berkshire policies in place that discourage reporting of “OSHA was concerned with BNSF’s policies Hathaway, had already made some policy changes injuries, Labor Department spokeswoman Diana that treated injured employees differently than in recent months to address the concerns. Petterson said. non-injured employees and could reasonably dis - “Employees play a critical role in ensuring the “The complaints involved a variety of work- suade railroad employees from reporting injuries.” safety of themselves, their co-workers and the related injuries resulting from train collisions, “The combined efforts of our local officers, our communities in which we operate,” said Mark accidents in the rail yards and cumulative trauma Designated Legal Counsel and the UTU Interna - from many years of work,” Petterson said. tional, working in concert with OSHA, are get - Continued on page 10 UTU supports crackdown Alt. Vice President Larry Barrilleaux has retired on unsafe bus companies Alternate UTU International Vice Presi - dent Larry Barrilleaux, 61, has retired, effec - The UTU has joined other affiliates of the service by the DOT from simply re-applying for tive Jan. 15. Transportation Trades Department of the AFL- operating authority under a new name, a com - A member of Local 1836 at New Orleans, CIO to support efforts to halt unsafe motorcoach mon practice according to the FMCSA. Barrilleaux began his railroad career in 1973 operations. The UTU, TTD and its affiliates have long as a switchman on Texas Pacific/Missouri Bus operators that blatantly and repeatedly dis - argued for increasing enforcement of federal safe - Pacific Railroad in New Orleans. regard federal safety laws should have their oper - ty regulations and cracking down on motor carri - Barrilleaux was elected ating authority revoked or suspended, the UTU ers that try to evade compliance. to various offices before and TTD told the Federal Motor Carrier Safety In May 2012, the FMCSA ordered 26 curbside being appointed vice Administration (FMCSA). bus operators (those that pick up and drop off on chairperson in 1993. In “With the rise of unsafe bus carriers that under city streets, not from an established bus terminal) 1995, he was elected gen - previous Administrations managed to evade feder - to discontinue service because of their threat to eral chairperson of GO al safety regulators, we have made it a priority to public safety. FMCSA found that each carrier had TMP for switchmen at the remove bad actors in the bus industry from our committed several offenses. New Orleans Terminal on roads,” the TTD said. “This crackdown will lead to Barrilleaux Union Pacific Railroad. safer bus transportation for the American people.” Barrilleaux participated Proposed FMCSA rules set procedures to sus - Bus operators that blatantly in negotiations from 1996 to 1998 to protect pend or revoke the operating authority of bus car - union members during the merger of the riers that demonstrate a pattern of willful disre - disregard laws are targets Union Pacific with the Southern Pacific, and gard for safety regulations, and establishes stiffer the subsequent merging of Local 1880 into penalties for noncompliance. Transportation Secretary Ray LaHood and Local 1836. The rule also goes after those ordered out-of- FMCSA Administrator Anne Ferro have demon - “I have enjoyed working for the UTU and strated that improving transportation safety has I sincerely appreciate the support provided to Scholarship deadline March 31 been the top priority on their watch, particularly me during my years as part of the organiza - by proposing rules that will strengthen operating tion,” Barrilleaux said. “While I look forward The deadline to apply for a UTUIA schol - and enforcement standards and ensure that to enjoying my retirement, I will miss being a arship is March 31. The application form unsafe bus operators are taken off the road. printed in the January 2013 issue of UTU part of our team and the organization.” Besides the UTU, the TTD represents 30 oth - UTU International President Mike Futhey News is the only on that should be sub - er affiliated unions, including several that repre - mitted. Contact the UTU International if commended Barrilleaux’s service to his fellow sent workers who operate over-the-road buses workers and to the UTU. you need an application form. and other commercial motor vehicles. Page 2 February 2013 UTU News AArroouunndd tthhee UUTTUU Local 240, Los Angeles Local 662, Richmond, Va. Local Chairperson Harry J. Garvin Jr. reports At this local’s Jan. 9 meeting, Cecil L. Pinner that the local’s 2013 monthly meetings will be was sworn in as local secretary & treasurer fol - held at Ozzie’s Diner at 7780 E. Slauson Ave. in lowing the retirement of former Secretary & Los Angeles off 5 FWY between 710 FWY and Treasurer James Galbraith . Pinner ran unop - 605 FWY. The diner’s telephone number is (323) posed in a special election and was elected by 726-0300. Meetings will be held the second acclamation. In other news, Galbraith reports Wednesday of each month at 1 p.m. during odd- that retired former Local Chairperson Howard numbered months and at 7 p.m. during even- Knight , 73, died Dec. 28. He is survived by his numbered months. wife, Carolyn. Local 219, Hannibal, Mo. Locals 262, 1462, Boston Members of this BNSF local again voted to make The members of Amtrak Locals 262 and 1462 a generous food donation to the Salvation Army turned their annual holiday party in December branches in Hannibal, Quincy, Ill., and Keokuk, First Student employees at Buffalo, N.Y., load the into a fundraiser for conductor John Newman , Iowa, Secretary & Treasurer Buddy Strieker sports utility vehicle that served as Santa’s sleigh after who was paralyzed from the chest down in a they decided to deliver Christmas to a family that lost reports. “We would like to thank the membership everything in a house fire. November automobile accident. Following of Local 219 for voting to help the less fortunate in their lead, Local 1462 Treasurer Dave Bowe our communities so everyone could have a nice Bus operators, mechanics reports, Newman’s sister, Jeannie Nocera, dinner during the holidays,” Strieker said. “We deliver Christmas to kids opened a bank account in Newman’s name for were able to purchase 2,600 pounds of food for dis - anyone wishing to assist him financially. Con - tribution at the Salvation Army.” “First Student bus drivers and mechanics tributions may be sent to Liberty Bank, Attn.: from Local 1908 are so much more than just Cindi Whitehouse, John Newman Charitable people who get your children to and from Fund, 315 Main St., Middletown, CT 06457. school,” said Local Secretary Joann “Rehabilitation has been slow, but Newman is Ehrhardt . improving,” Bowe said. If you need proof, just ask some of those children. Local 1608, Chatsworth, Calif. Local Secretary Jack Dedrick and the mem - After a Buffalo, N.Y., School District fam - bers of this bus local representing employees of ily of six lost everything to a Dec. 1 house Los Angeles Metro congratulate the following fire, the members of Local 1908 set their hol - brothers and sisters who retired in 2012 and iday wheels in motion. wish them health, happiness and success: James It all started when Pam Przybylak, the C. Sherman (35 yrs.), Martin Crespi (33), manager at First Student’s Gruner Road Ter - Norma Uribe (31), Cynthia De Gruy (30), Pictured, from left, are Vice Local Chairperson Jeff Willis, minal, posted a flyer looking for donations James Johnson (25), Walter W. Brady (24), Local Chairperson Lance Sonnenburg and Local Chair - for the family. Robert Anderson (23), Harry Fradejas (23), person Virgil Peters as they make a delivery to the Salva - Local 1908 members, along with manage - Estelle Plasencia (23), Victor Granillo (23), tion Army. ment employees and Buffalo Board of Educa - Luis Lopez (23), Mary Montgomery (10) and Nelson Duncan (10). Local 286, North Platte, Neb. tion bus aides, were suddenly transformed into Santa’s elves. Local 1741, San Francisco “Pam gave us a list of the children’s ages and clothes sizes, and people just went shop - ping,” Ehrhardt said. “We collected presents for the whole family, along with non-perish - able food items.” “Some people collected food from a local food bank, some donated cash and others picked up donated items from one member’s church.” On Dec.
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