WASHINGTON — In the wake of the East Palestine derailment, U.S. Class I railroads pledged to join the Federal Railroad Administration’s Confidential Close Call Reporting System, which allows employees to report near accidents and other safety violations.
But the New York Times reports that five months later, the railroads have not yet done so and are seeking changes in the system, including the ability to discipline employees in some cases.
Even before the East Palestine incident, a federal working group was looking at how to increase participation the close-call reporting system. A 2022 report by the U.S. Government Accountability Office found that as of August of that year, only 23 of almost 800 U.S. railroads participated in the program; none of the Class I railroads were taking part, citing reasons including their own programs and the concerns about confidentiality [see “GAO report finds FRA’s close-call program is underused …,” Trains News Wire, Nov. 21, 2022].
But after the Feb. 3 East Palestine derailment, Transportation Secretary Pete Buttigieg called for the Class I roads to participate, saying in a letter to railroad CEOs that failure to do so sent “an undesirable message about your level of commitment to the safety of our workers and the American communities where you operate.” Ian Jefferies, CEO of the Association American Railroads, soon responded that the railroads had agreed to take part [see “Class I railroad to join …,” News Wire, March 2, 2023], but noted concerns reports submitted through the program that lacked detail or were not given to railroads in timely fashion.
He also raised the question of discipline, the Times reports, writing, “In the rare situation in which an employee is misusing the system to prevent his or her unsafe decisions or actions from being addressed by the railroad,” a railroad should be able to address that misconduct.
The Times quotes Vincent G. Verna, a vice president of the Brotherhood of Locomotive Engineers and Trainmen and a member of the working group seeking to increase participation, as saying the discipline issue remains a key source of disagreement. Railroads want to retain the ability to discipline employees, he said, while workers will not use the program if they have reason to fear punishment.
But the AAR contends the railroads’ own programs are more effective, and that workers could use the federal program to escape discipline by reporting incidents their railroads are already aware of. FRA spokesman Warren Flateau said the agency continues to “engage in good-faith discussion with each Class I railroad to secure their participation” in the program.
Buttigieg said in a statement to the Times, “Too often, after a major rail incident, an immediate public call for better safety practices has eventually given way to industry pushback and inaction. That must not happen this time.”
Sort of reminds me of the push back that airlines did when ARSAS first proposed.
It seems like before joining federal safety program, freight railroads push to change it.
Dr. Güntürk Üstün
FRA sponsors a voluntary confidential program allowing railroads and their employees to report close calls. C3RS provides a safe environment for employees to report unsafe events and conditions and employees receive protection from discipline and FRA enforcement. In addition, railroads receive protection from FRA enforcement for events reported within C3RS.
Dr. Güntürk Üstün
Much like the rest of the country, I don’t think the Class I RRs take ‘Mayo Pete’ seriously and they realize he is quite out of his depth (and competence) as USDOT Secretary ……
Then that’s their mistake. He’s the Secretary of Transportation, they need to listen to his directives.
If the class 1s can’t intimidate whistle-blowers with their internal draconian disciplinary kangaroo courts they aren’t interested in a safety reporting system. Makes sense. Mayo Pete will certainly rollover. The Rail Safety Act of 2023 was passed by committee after being severely watered down. The ROI for railroad lobbyists is astronomical. I was foolish to think East Palestine would force regulatory changes.