Railroad Worker Unions Challenge Amtrak Snow Removal Waiver due to Risk of Injury

[RShapiro]

The United Transportation Union (UTU) and Brotherhood of Locomotive Engineers and Trainmen (BLET) are fighting against Amtrak’s proposed waiver of “mandatory and safety-critical functions governing passenger-platform snow removal outside the Northeast Corridor,” according to Railway Track & Structures.

This waiver would expose Amtrak employees and contractor employees to potentially serious workplace injuries since they would be required to remove snow from station platforms without the protection of on-track safety procedures. Furthermore, the employees would be performing these tasks in an environment where the weather conditions are hazardous, the use of hand tools and power tools is necessary (though they wouldn’t have supervision), and would lack mobility/alertness due to necessity of thick winter gear and apparel.

Let’s be real – this looks like an attempt for Amtrak to cut costs since it would allow them to avoid hiring someone who is specially trained in snow removal and track safety.

The Code of Regulations clearly states that what Amtrak is proposing would violate current law. Here is the statute…

§ 214.335 On-track safety procedures for roadway work groups.
(a) No employer subject to the provisions of this part shall require or permit a roadway worker who is a member of a roadway work group to foul a track unless on-track safety is provided by either working limits, train approach warning, or definite train location in accordance with the applicable provisions of §§214.319, 214.321, 213.323, 214.325, 214.327, 214.329 and 214.331 of this part.
(b) No roadway worker who is a member of a roadway work group shall foul a track without having been informed by the roadway worker responsible for the on-track safety of the roadway work group that on-track safety is provided.
(c) Roadway work groups engaged in large-scale maintenance or construction shall be provided with train approach warning in accordance with §214.327 for movements on adjacent tracks that are not included within working limits.

Our law firm agrees with the UTU and BLET. This waiver is not needed and would expose track workers to unnecessary dangers.

"The waiver would set back our joint industry-wide efforts to reduce, and ultimately eliminate, the unacceptable death toll among roadway workers nationwide," said the labor organizations.

About Us: Shapiro, Cooper, Lewis & Appleton FELA/Railroad Injury Attorneys have authored hundreds of railroad and FELA articles on our main website, and have over 100 years combined injury law experience. Firm attorneys included among “The Best Lawyers in America” 2010 Edition and the law firm has the highest rating (AV) granted by Martindale-Hubbell attorney rating service.

[Goola]

This is sorta like some NS safety Committees walking the yard picking up trash and scrap while MofW workers are laid off

[Wooten]

Once again code of regulations, the real game plan, to cut Union jobs. This needs to be DOA: