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Rail Safety Bill and Amtrak Funding Signed Into Law BMWED System Federations Announce Merger

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Rail Safety Bill and Amtrak Funding Signed Into Law BMWED System Federations Announce Merger BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION Of The International Brotherhood Of Teamsters Volume 118 ■ Number 1 www.bmwe.org January/February 2009 Rail Safety Bill and Amtrak Funding Signed into Law Congress Mandates Random Drug and Alcohol Testing for MofW Employees rucial revisions of federal rail safety and injury of workers and citizens. With specific goals of reducing of Transportation to establish minimum Cstatutes were signed into law on The RSIA requires the FRA to accident and injury rates, the new law training standards for each class and October 16, 2008. The first omnibus rail engage in extensive reviews, reports, contains many significant changes craft of safety-related rail employees safety legislation since 1970, the 315- studies, pilot projects, all of which is affecting BMWED members including: and equivalent rail contractors; page Rail Safety Improvement Act of required to lead to expansive rule-mak- • Provisions requiring the Secretary Other provisions address heath and 2008 (RSIA) also contains an Amtrak ing. The new law requires the FRA, of Transportation to complete a track welfare matters of rail workers such as: re-authorization and authorization for carriers, and labor to approach safety inspection time study within two years • Provisions prohibiting railroads expenditures on expanded high-speed regulation from a scientific/ to determine whether track inspection from denying, delaying or interfering rail operations. statistical basis rather than the speeds and territory size should be with medical or first aid treatment of The RSIA builds on the work of the approach of ‘this is how we’ve regulated, and if inspection frequency injured workers; BMWED and other rail labor organiza- always done it’. and remedial action should be amend- • Provisions requiring regulation of tions that, along with the leadership of The BMWED will encourage the ed; camp cars to protect the health of rail- Cong. James Oberstar (D-Minnesota), newly appointed leadership of the FRA • Provisions requiring each Class I road employees and contractors utiliz- Chairman of the House Transportation to effectively implement the RSIA by railroad and intercity/commuter passen- ing camp cars by April 1, 2010, with full Committee, refused to accept that the seeking complete funding by Congress ger railroad to develop a safety risk compliance of the regulation by wholesale federal regulatory failure of of the programs contained in the law reduction program (RRP) to reduce December 31, 2010; and enforcement of safety laws and rules and cooperating with its monitoring accidents, injuries, and fatalities; and • Adopting radiation exposure limits was leading to purposeless death progress. • Provisions requiring the Secretary See Rail Safety Bill on Page 11 BMWED System Federations Announce Merger Allied and Southern Pacific Atlantic Federations Combine Resources he governing bodies of the Allied City Southern, Union Pacific and a the railroads consult one another in tions will have a larger pool of TFederation and the Southern number of short line railroads. The their effort to thwart the union’s efforts resources,” said BMWED Southeast Pacific Atlantic Federation of the federation represents members in 27 to improve conditions for its members. Region Vice President Randy Cook. Brotherhood of Maintenance of Way states that stretch from the Atlantic This merger will go a long way in level- “I commend the officers of the newly Employes Division convened in Coast to Gallup, NM. ing that playing field.” merged Allied Federation and con- Kansas City, MO on December 10, The Allied Federation is the product “By combining the two federations, gratulate the members on this historic 2008. The purpose of the meeting of numerous mergers that have been the members of both former federa- achievement.” was to finalize a merger between the achieved over a period of almost two two federations. The merger was decades and includes at least nine successful and the newly created fed- former federations. eration will retain the name, Allied “I would like to extend my congratu- Federation. lations to the officers and members of The Allied Federation will now rep- both the Allied and the former resent more than 7,000 members of Southern Pacific Atlantic Federation,” the Brotherhood of Maintenance of said BMWED National Division Way Employes Division of the President Freddie Simpson. “It is International Brotherhood of gratifying to see these two great orga- Teamsters and currently maintains nizations come together in an effort to offices in Hendersonville, TN (suburb better represent our members. Both of Nashville), Longview, TX and have great histories and I am sure Humble, TX. Dennis Albers was that together they can achieve even elected to head the new federation as more for their members.” Southwest Region Vice President Roger Sanchez pictured with newly General Chairman and offered, “I am “Realizing that the rail industry’s elected Allied Federation Officers: Seated left to right, Vice Chairman proud of each and every one of the mergers have had a huge impact on Pedro Amaro, Vice Chairman Malcolm Davison, Vice Chairman Larry officers and board members that had the way they deal with their employees, Phillips, First Vice Chairman Terry Miracle, General Chairman Dennis the vision to make this happen. Our federations like the Allied have sought Albers, Roger Sanchez, Vice Chairman Jeffrey Finch, Vice Chairman Nate respective members will be the bene- merger partners that would place its Trawick, Vice Chairman Scotty Niswonger. Standing left to right, Vice ficiary of a more efficient and stronger members in a better position to deal Chairman Russell Farmer, Vice Chairman Brian Thies, Vice Chairman David organization.” with management,” said BMWED Lopez, Vice Chairman Roy Griffith, Vice Chairman Len Buckley, Vice The Allied Federation represents Southwest Region Vice President Chairman Andrew Shelton, Vice Chairman Larry Wright, First Vice members employed at CSX, Kansas Roger Sanchez. “It is no secret that Chairman Bill Palmer, First Vice Chairman W. G. "Bubba" Foehr. ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ ★ ★ ★ ★ Roadway Worker Protection Saving Lives is Priority One here are hundreds of pages of plete text of the regulation, which can and communication systems, electric requirements of this part. Tfederal regulation applicable to be found on the BMWED website traction systems, roadway facilities or Each employer shall guarantee the railroad industry and the workers (www.BMWE.org) by clicking “links,” roadway maintenance machinery on each employee the absolute right to who make it run. And while all these then “safety related links” and then or near track or with the potential of challenge in good faith whether the regulations play a role in the safety of “Roadway Worker Protection.”Your rail- fouling a track, and flagmen and on-track safety procedures to be railroad operations, none is more road’s “Roadway Worker On-Track watchmen/lookouts as defined in this applied at the job location comply with important to the lives of BMWED Safety Program,” which you are section.” (See 49 CFR 214.7, the rules of the operating railroad, members than the Roadway Worker undoubtedly familiar with, must comply Definitions) Thus, the regulation cov- and to remain clear of the track until Protection regulations. with all the provisions of the Federal ers any railroad worker or contractor the challenge is resolved. (Emphasis The Roadway Worker Protection regulation. to a railroad engaged in these road- added) (RWP) regulations were promulgated way worker duties on railroads across Each employer shall have in place into law on January 15, 1997; more Saving Lives is First Priority the nation. a written procedure to achieve prompt than seven years after BMWE first peti- The sole purpose of the Roadway and equitable resolution of challenges tioned the Federal Railroad Administra- Worker Protection (RWP) regulation is On-Track Safety made in accordance with Sections tion to adopt regulations for the protec- to “prevent accidents and casualties What exactly is “on-track safety? 214.311(b) and 214.313(d). tion of Roadway Workers. BMWE’s caused by moving railroad cars, loco- Under the regulation, on-track safety is 1990 Petition for Rulemaking was dri- motives or roadway maintenance defined as “a state of freedom from the Section 214.313, Responsibility of ven by the unacceptable death toll of machines striking roadway workers or danger of being struck by a moving Individual Roadway Workers BMWE members being struck and kill- roadway maintenance machines.” railroad train or other railroad equip- Each roadway worker is responsi- ed by trains and equipment in prevent- (See 49 CFR 214.301(a)) In other ment, provided by operating and safety ble for following the on-track safety able on-track safety accidents. While words, the regulation exists solely to rules that govern track occupancy by rules of the railroad upon which the every BMWED member is covered un- protect and preserve the lives and personnel, trains and on-track equip- roadway worker is located. der the regulation any time they are out limbs of Roadway Workers. A ment.” (See 49 CFR 214.7, Definitions) A roadway worker shall not foul a working on the tracks, most members Roadway Worker is defined under the Unfortunately, this “state of freedom track except when necessary for the likely have never been provided access regulation as “any employee of a rail- from the
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