WASHINGTON — Rail unions are raising concerns about the Trump administration’s plan to roll back protections for federal inspectors and investigators put in place in 2021 that they say could increase safety risks in the rail industry.
In a Notice of Proposed Rulemaking (NPRM) issued in May, the U.S. Department of Transportation proposed several changes to Biden-era regulatory policies, including how DOT oversees enforcement procedures at its modal agencies, including the Federal Railroad Administration.
The NPRM would allow the railroads, during the course of an enforcement action against them, to “petition the DOT General Counsel for a determination that responsible DOT personnel violated provisions of this rule with respect to the enforcement action,” according to the proposed rule.
If such violation claims against DOT personnel can be corroborated, DOT’s general counsel can direct the Federal Railroad Administration to award the following relief, “as warranted by the circumstances and consistent with law”:
Removal of the enforcement team from the particular matter.Elimination of certain issues or the exclusion of certain evidence or the directing of certain factual findings in the course of the enforcement action.Restarting the enforcement action again from the beginning or recommencing the action from an earlier point in the proceeding.
The provision also allows the general counsel to recommend disciplinary action against the FRA investigator that committed the violation.
Mark Wallace, president of the Brotherhood of Locomotive Engineers and Trainmen (BLET), told DOT that his members rely on FRA investigators to hold railroads accountable to safety standards.
“Our members know that the railroads have a history of retaliation for reporting safety issues – something we take very seriously,” Wallace stated in comments filed with DOT.
“We do not want rail carriers – or any regulated entity – to be able to make a simple complaint to DOT and get an investigator or inspector fired for reporting a correct violation. There needs to be a process in place that protects inspectors who are calling balls and strikes to enforce safety regulations.”
Greg Regan, president of the Transportation Trades Department, AFL-CIO, whose member unions include the Brotherhood of Railroad Signalmen, warned that the proposed policy would have a “chilling effect” that could result in federal employees being punished for trying to uphold safety regulations.
“This not only undermines the credibility and effectiveness of the enforcement process but also risks creating an environment where personnel fear professional repercussions for doing their jobs,” Regan told DOT.
“Ultimately, this could erode the culture of safety that regulatory frameworks are designed to support. Transportation workers and the travelling public deserve the high standard of safety that only a regulated industry can provide.”
Regan wants DOT to “significantly modify” the proposed rule to take into account the safety enforcement concerns.
Rail labor’s concerns mirror those raised in the trucking industry by safety advocates, who warned DOT of the same “chilling effect” that could make federal investigators reluctant to provide the proper safety oversight.
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