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H.R. 2095 moves to US senate floor
Published: September 30, 2008
Source: BLET
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The Senate voted Monday to invoke cloture and will vote on H.R. 2095 on
Wednesday. The legislation, which combines elements of both H.R. 2095
and S. 1889, along with the Amtrak legislation passed by the House and
Senate, passed in the House by voice vote September 24.
The legislation was put on a fast track to passage largely due to the
collision between a Metrolink train and a Union Pacific freight train on
September 12. The safety portion of the legislation contains provisions
mandating the implementation of Positive Train Control by 2015, which
could have prevented the Metrolink-UP collision.
The legislation limits railroad operating crews to a maximum 276 hours
per month, including limbo time. It limits limbo time to 40 hours a
month the first year after enactment and 30 hours a month thereafter.
"In any piece of legislation, you aim high and hope that others will aim
high with you," BLET Vice President & National Legislative
Representative John Tolman said. "The Legislative Department worked
hard, having several State Legislative Board Chairmen, General Chairmen
and Vice Presidents lobbying with us to help craft the best bill
possible, but unfortunately, we didn't get everything we asked for."
Some other rail safety provisions include:
Targeted fatigue countermeasures: a railroad's plan shall take into
account the varying circumstances of operations by the railroad on
different parts of its system, and shall prescribe appropriate fatigue
countermeasures to address those varying circumstances. The plan should
also address the following:
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Employee education.
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Opportunities for identification,
diagnosis, and treatment of any medical condition that may
affect alertness or fatigue, including sleep disorders.
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Scheduling practices for
employees, including innovative scheduling practices, on duty
call practices, work and rest cycles, increased consecutive days
off for employees, changes in shift patterns, appropriate
scheduling practices for varying types of work, and other
aspects of employee scheduling that would reduce employee
fatigue and cumulative sleep loss.
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Methods to minimize accidents and
incidents that occur as a result of working at times when
scientific and medical research have shown increased fatigue
disrupts employees' circadian rhythm.
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Alertness strategies.
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Opportunities to obtain restful
sleep at lodging facilities, including employee sleeping
quarters provided by the railroad carrier.
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The increase of the number of
consecutive hours of off-duty rest, during which an employee
receives no communication from the employing railroad carrier or
its managers, supervisors, officers, or agents.
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Avoidance of abrupt changes in
rest cycles for employees.
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Additional elements that the
Secretary considers appropriate.
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10 hour call pilot project and
scheduled call pilot project.
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Labor and management can negotiate
alternative hours of service plans.
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Existing hours of service law
shall apply to commuter, short haul passenger carriers, or
intercity carriers until regulations are issued by the Secretary
within three years after the law is enacted.
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Implementation of positive train
control by 2015.
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Mandating prompt medical attention
for injured railroad employees.
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Provides for a study of the
locomotive cab environment.
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Mandating critical incident stress
debriefing.
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Mandating a study of railroad
employee exposure to nuclear radiation.
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Requiring require railroads to
provide emergency escape breathing apparatus with respiratory
protection for all crewmembers in locomotive cabs. |
The bill authorizes $13.06 billion over five years for passenger rail
-- more than $2.6 billion annually for Amtrak, intercity passenger rail,
and high speed rail programs, which is almost double what the U.S. is
currently spending.
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