[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19518-19519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8232]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2011-01
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory; equipment fouling adjacent tracks.
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SUMMARY: FRA is issuing Safety Advisory 2011-01 to remind each railroad
and railroad employees of the importance of compliance with Federal
regulations and railroad operating rules regarding rolling equipment
being left in a location that is clear of any adjacent tracks. This
safety advisory contains various recommendations to railroads to ensure
that this issue is addressed by appropriate policies and procedures,
and receives employee compliance.
FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety
Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New
Jersey Avenue, SE., Washington, DC 20590, telephone (202) 493-6404; or
Joseph St. Peter, Trial Attorney, Office of Chief Counsel, FRA, 1200
New Jersey Avenue, SE., Washington, DC 20590, telephone (202) 493-6047.
SUPPLEMENTARY INFORMATION: The overall safety of railroad operations in
the area of equipment securement and protection has improved in recent
years. However, two recent fatal incidents highlight the need to review
and adhere to existing Federal regulations and railroad operating rules
pertaining to rolling equipment being left in a location that is clear
of any adjacent tracks.
On May 18, 2005, the Railroad Safety Advisory Committee (RSAC)
authorized the RSAC Operating Rules Working Group to address eight
human factors (HF) train accident report cause codes that were
attributed to nearly half (47 percent) of all HF-caused train accidents
nationwide. On February 13, 2008, FRA published a final rule addressing
those HF causes, which was codified at Title 49 Code of Federal
Regulations (CFR) Part 218, Subpart F (Subpart F). Two of those eight
HF cause codes, H301 and H302, were designated for rolling equipment
left out to foul. From 2005 to 2010, HF-caused train accidents,
attributed to these two cause codes, were reduced by 66 percent.
Unfortunately, despite that overall improvement, the rail industry
experienced two recent railroad employee fatalities that appear to have
been related to equipment being left in a location where it fouled an
adjacent track.
Recent Incidents
The following is a discussion of the circumstances surrounding two
recent fatal incidents, and is based only on FRA's preliminary
investigations. The incidents are still under investigation by FRA. The
causes and contributing factors, if any, have not yet been established.
Therefore, nothing in this safety advisory is intended to attribute a
cause to the incidents or place
[[Page 19519]]
responsibility for the incidents on the acts or omissions of any person
or entity.
Two railroad employees, while each riding the side of rolling
equipment to protect a shoving movement, were fatally injured (in
separate incidents) when the equipment they were riding struck other
equipment that was left out to foul. A common factor in both accidents
was that the equipment was left in a location where it fouled an
adjacent track by the very employees who were involved in the
incidents.
The first incident occurred on September 2, 2010, in Bridgeport,
New Jersey, when a conventional two-person switching crew was shoving
rolling equipment into an industrial facility. The locomotive engineer
was in the locomotive control compartment and the conductor was
positioned on the leading end of a tank car directing the shoving move.
The conductor had one foot on the end platform and the other on the
side ladder tread as he began to pass a tank car that he had spotted at
that location the previous day. Unfortunately, the car had been left in
the foul of the adjacent track and the cars struck each other; the
conductor sustained fatal injuries.
The second incident occurred on February 8, 2011, in Kankakee,
Illinois. A conventional switching crew that consisted of a conductor,
engineer, and a conductor-in-training was switching cars on a switching
lead track and using various other yard tracks. The crew had left a car
on one of the yard tracks in a location where it was in the foul of an
adjacent track. Shortly thereafter, the conductor and conductor-in-
training boarded opposite sides of the leading end of a gondola car and
began a shoving movement. Subsequently, the side of the gondola on
which the conductor was riding struck the car that was previously left
in the foul of the adjacent track. The conductor was crushed between
the two cars and sustained fatal injuries.
Although the preponderance of incidents involving equipment that is
left in the foul of an adjacent track fortunately only result in
railroad property damage, the potential for injury or death in such
instances is always present. By issuing this safety advisory, FRA is
reminding all stakeholders of the importance of situational awareness
and compliance with all applicable operating and safety rules,
particularly those related to leaving rolling equipment in a location
that is clear of adjacent tracks.
FRA Action: Despite the significant reduction in train accidents
caused by equipment being left in the foul of an adjacent track, a
review of FRA's inspection data relative to 49 CFR 218.101 indicates a
disturbing trend. From calendar year (CY) 2009 to CY 2010, violations
of 49 CFR 218.101 recommended for prosecution by FRA inspectors
increased 124 percent. Based on the results of inspection data for the
first 2 months of 2011, if trends continue, violations recommended for
prosecution in 2011 versus 2010 would increase by an additional 81
percent. Whether the increase in violations is due to greater vigilance
by FRA or is due to an actual increase in the number of instances where
equipment is being left in such locations, FRA intends to ensure that
railroads take necessary steps to prevent and reduce the potential
trend indicated by the statistics noted above.
Over the next several months, FRA intends to increase its
inspection activity to focus on compliance with railroad operating
rules that address all of the requirements contained in Subpart F.
Particular emphasis will be placed on the requirements contained in 49
CFR 218.101. FRA will also focus its inspection efforts on railroad
operational testing activity, particularly as it relates to Subpart F.
FRA strongly encourages railroad industry members to reemphasize the
importance of leaving equipment in the clear as frequently as possible,
and to take such other actions as may help ensure safety on the
Nation's railroads.
Recommended Railroad Action: In light of the recent accidents
discussed above, and in an effort to maintain the safety of railroad
employees on the Nation's rail system, FRA recommends that railroads:
(1) Review with employees the circumstances of the two most recent
fatal incidents;
(2) Reinstruct supervisors and employees on the operating and
safety rules applicable to leaving rolling equipment in a location that
is clear of adjacent tracks. Particular emphasis should be placed on
the procedures that enable employees to identify clearance points and
the means to identify locations where clearance points will not permit
a person to safely ride on the side of a car;
(3) Increase operational testing on those operating and safety
rules that pertain to leaving rolling equipment in a location that is
clear of adjacent tracks; and
(4) Review current job briefing procedures among coworkers and
determine if the procedures are sufficient to encourage more effective
communication regarding switching activities, specifically as the
procedures relate to the positioning of rolling equipment so that the
equipment is in a location that is clear of adjacent tracks.
FRA encourages railroad industry members to take action that is
consistent with the preceding recommendations and to take other actions
to help ensure the safety of the Nation's railroad employees. FRA may
modify this Safety Advisory 2011-01, issue additional safety
advisories, or take other appropriate action necessary to ensure the
highest level of safety on the Nation's railroads, including pursing
other corrective measures under its rail safety authority.
Issued in Washington, DC, on April 1, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2011-8232 Filed 4-6-11; 8:45 am]
BILLING CODE 4910-06-P