DeFazio, Payne Urge FRA to Minimize Worker Fatigue

Washington, DC (WorkersCompensation.com) – U.S. Reps. Peter DeFazio, D-Or., and Donald Payne, D-N.J., are urging the Federal Railroad Administration to finalize decades late final rule on fatigue risk management, citing the need to reduce railroad worker fatigue. 

DeFazio, chair of the House Committee on Transportation and Infrastructure, and Payne, chair of the Subcommittee on Railroads, Pipelines and Hazardous Materials wrote to Federal Railroad Administration (FRA) Administrator Amit Bose asking that his agency finalize a proposed rule issued in December 2020 that would. 

Notice of Proposed Rulemaking that the Federal Railroad Administration issued in December 2020 that would require railroads to identify and evaluate fatigue-related railroad safety hazards in their systems, as well as determine the degree of risk association with those hazards and implement mitigation strategies that would reduce fatigue and “the risk of accidents, incidents and fatalities where fatigue is a contributing factor.” 

The letter comes amid concerns that changes to railroad staffing policies are leading to increased fatigue and burnout in railroad workers. And that fatigue can lead to an increase in rail accidents, research indicates. 

The FRA has studied rail worker fatigue for decades, the Congressmen said, and it has a clear understanding of the safety risks associated with fatigue. In fact, the FRA has found that the probability of rail accidents increases, as fatigue increases. Between 2000 and 2020, the National Transportation Safety Board conducted 11 major investigations into railroad accidents where fatigue was identified as the probable or contributing cause. 

Railroad worker advocates say the problem stems from railroad’s use of Precision Scheduled Railroading, a business philosophy railroads say leverages modern technology to improve efficiency. Those who work on the railroads said PSR is little more than cost-cutting in order to achieve shareholder-friendly metrics. 

To reach that metric, called an “operating ratio,” railroads must get to an operating phase where only 60 percent of every dollar earned goes toward operational expenses, with the rest going to executive pay and shareholder dividends. 

Originally, PSR was meant to implement regular schedules that workers and shippers could rely on, in a way that also saved the railroads money. But over time, it has become a way for railroads to slash costs, reduce jobs and cut back on maintenance and inspections to improve the bottom line. According to the U.S. Department of Labor, the rail industry gone from its high of more thana million employees to below 200,000. In just the past six years, “Class I” railroads have lost two thirds of their employees, leading some to worry that their remaining workforce is overworked and fatigued.  And that could lead to more accidents and injuries, advocates said. 

“Despite the known risks associated with fatigue, many railroad workers are unable to obtain adequate rest,” DeFazio and Payne wrote in their letter. “This includes operating crewmembers who are protected by federal hours-of-service limitations but still struggle to obtain the necessary quality and quantity of rest. While workers have a responsibility to make decisions that allow them to access proper rest, planning for such opportunities is nearly impossible due to erratic train lineups, regularly being on call 24/7, and having just a few hours’ notice to report for work.” 

And that fatigue, some advocates worry could increase the risk of more accidents and injuries. 

“One of the most - if not the most - pressing safety concerns of train and engine crews in North America is the whole question of chronic train crew fatigue,” Railroad Workers United said in a blog post. “It has been an issue for decades. It has been scientifically shown that being subject to fatigue is very similar upon the brain and body as being under the influence of alcohol. And while the rail carriers have zero tolerance for the latter, when it comes to the former, they are mute on the subject.” 

In 2008, Congress passed legislation that required railroads to develop fatigue management plans. But the FRA has yet to implement new rules about what that fatigue management system would look like. 

The Congressmen asked the FRA to finalize the rule and implement it as soon as possible. 

The Congressional mandate to mitigate fatigue among crewmembers and other safety-related workers is now a decade late. Crewmembers and other craft workers have raised their concerns about being excessively exhausted at work, which is worsened by PSR. These workers cannot wait any longer, and neither can the communities through which trains travel,” DaFazio and Payne wrote. “To mitigate attendance policies that contribute to fatigue and help ensure all safety-related workers are rested and prepared to do the job safely, we respectfully urge your agency to issue the fatigue risk management program final rule without delay, require its swift implementation, and meaningfully enforce it to ensure that the 2008 bipartisan Congressional mandate is met.”

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