Rep. Payne, Jr. Supports Two-Man Crews to Increase Safety on All Freight and Passenger Trains  

Washington, D.C. — Rep. Donald M. Payne, Jr., Chairman of the Subcommittee on Railroads, Pipelines, and Hazardous Materials for the House Committee on Transportation and Infrastructure, wrote a letter today to Amit Bose, administrator for the Federal Railroad Administration (FRA), to support the FRA’s proposed new rule that all freight and passenger rail operations must have at least two crew members per train. The rule would improve rail operations, decrease worker fatigue, and increase worker and passenger safety nationwide.  The letter was co-signed by 57 members of Congress.

“Worker fatigue is one of the main causes of rail accidents across the country,” said Chairman Payne, Jr.  “But the problem can be improved easily with a two-worker crew.  Unfortunately, the rail industry has been resistant to a rule and prefer to assign crews based on profit and not the safety of workers and passengers.  We need this rule immediately to improve the safety of freight and passenger rail and protect communities from a tragic accident.”

The letter stated that crew size is a fundamental rail safety issue and that “other transportation modes such as commercial airlines have a minimum of two pilots or… at least two crew members.”  It continued that multiple crew members have been “the historical norm on U.S. freight railroads for decades” and become more important because some trains are “extremely heavy and miles-long, which impact safe handling, increase wear and tear, and cause blocked crossings which… impede motorists’ travel and encourage dangerous pedestrian behavior.”

The letter is below.

Honorable Amit Bose

Administrator

Federal Railroad Administration

U.S. Department of Transportation

1200 New Jersey Avenue, SE

Washington, DC  20590

Re: Train Crew Size Safety Requirements

Notice of Proposed Rulemaking

Docket No. FRA-2021-0032, Notice No. 1

Dear Administrator Bose:

We write in strong support of the Federal Railroad Administration’s (FRA) proposed rule to enforce a minimum of two crew members in most passenger and freight railroad operations. This proposed rule is necessary to ensure the safety of our communities and constituents, and we urge you to expeditiously finalize the strongest rule possible.

Rail transportation is vital to our country, helping to connect passengers with their destinations and haul the freight that keeps our economy running. Passenger and freight rail trains move through our communities, and their operations impact our constituents and public safety, making this rulemaking of particular importance. This proposed rule would provide a necessary, uniform standard across the United States and ensure needed protections for every rail passenger, community, and rail worker in the country.

Crew size is a fundamental rail safety issue. That is why other transportation modes such as commercial airlines have a minimum of two pilots or commercial boats have at least two crew members. Technology such as positive train control has lifesaving capabilities but cannot replace the expertise and quick-thinking nature of human beings acting together as a team to operate trains and respond to unanticipated events. When transportation incidents and accidents happen in our communities, we have seen time and again the importance of having well-qualified workers who are able to respond effectively in emergencies and communicate quickly with first responders.

Operating with multiple crew members has been the historical norm on U.S. freight railroads for decades. Having a minimum of two crew members who work as a team to monitor and ensure compliance with safety regulations, troubleshoot along the route, quickly identify and respond to emergencies has always been important. This is especially so now that some freight railroads are operating trains that are extremely heavy and miles-long, which impact safe handling, increase wear and tear, and cause blocked crossings which in turn impede motorists’ travel and encourage dangerous pedestrian behavior. There is no reason to further jeopardize the safety of our constituents by allowing a single person to operate these trains through our communities.

Such a basic safety issue should not be subject to the whims of private companies during collective bargaining. In fact, several states, including California, Illinois, West Virginia, and Wisconsin, have recognized this imperative and sought to establish state laws mandating minimum crew size requirements. However, the railroads successfully sued in court to overturn these states’ laws, with the courts finding that the federal government has jurisdiction over crew size requirements. Therefore, it is the FRA’s responsibility to address this urgent issue. Given the drastic changes in the freight rail industry over the last several years, it is abundantly clear that the federal safety regulator must play a proactive role in ensuring safety is the railroads’ guiding principle, and we appreciate your leadership on this issue.

Our communities and constituents need the safety benefits and uniform protection that this proposed rule on minimum train crew size would provide and therefore we urge you to expeditiously finalize the strongest rule possible.

# # #