To protect train and engine service employees, the Transportation Division of SMART recently petitioned the Federal Railroad Administration for an emergency order addressing safety conditions resulting from the novel coronavirus. The text of the Petition is below:

PETITION FOR EMERGENCY ORDER

The Transportation Division[1] of SMART[2] hereby petitions the Federal Railroad Administration (FRA) for an Emergency Order to address safety conditions arising from the novel coronavirus (COVID-19) emergency. As you know, President Trump has declared a national emergency due to the virus, and the FRA has recognized the fact that an emergency exists by its establishment of an Emergency Relief Docket for the virus. See, 85 Fed. Reg. 1192 (Jan. 9, 2020). The employees we represent are essential to the health, safety, and security of the nation. Therefore, it is necessary that the railroads take appropriate precautions to mitigate against such employees contracting the virus during the performance of their duties, and that Class I railroads maintain sufficient staffing levels to account for affected employees and predicted increases in volume once the virus beings to subside.

In order to standardize and define the best protocols across the industry for the mitigation of the spread of the virus and the protection of employees, there exists a number of safety precautions that need to be immediately ordered by FRA, including:

1. LOCOMOTIVE SANITATION
   1. Require that every lead locomotive and hostler locomotive be cleaned and disinfected after every tour of duty, prior to it being staffed by a subsequent crew.
      1. Per the Center for Disease Control (CDC), Cleaning – shall remove dirt and impurities, including germs, from surfaces.
      2. Per the CDC, Disinfecting – CDC approved chemicals shall be used to kill germs on surfaces, including the wipe down of all controls, desks, chairs, windows, lavatories, door handles, switches, and any surface that the employee is likely to touch during his/her tour of duty. Additionally, a disinfectant spray shall be used at the end of cleaning in order to broadly disinfect the cab of the locomotive.
   2. Require the provisions of 1(a)(i)(ii) of this petition to also apply to trailing locomotives to be used in the transport of employees in addition to the originating crew (e.g. deadheads, stranded crews en route, etc.).
   3. Removal of trash shall only be performed by the specified craft designated to clean and disinfect locomotive cabs.
      1. The craft designated to clean and disinfect the locomotives shall be equipped with CDC recommended personal protective equipment (PPE) (such as gowns, gloves, and protective masks) and be trained on how to properly apply and remove the PPE to best prevent contamination.
      2. Exposed crews shall not handle discarded items unprotected by the above safety procedures.
   4. All lead locomotives shall have hand sanitizer (of at least 60% alcohol) readily available for all crew members.
   5. Prior to going on duty, each operating crew member shall be provided no less than three (3) crew packs (standard to the particular carrier).
      1. In the event of an emergency and locomotive sanitation is not performed in compliance with this request, each onboarding crew member must be provided a mask capable of shielding the employee from contamination of the virus; three (3) sets of protective, medical type gloves; CDC approved disinfectant spray; and no less than twelve (12) disinfecting wipes.
   6. COMMON ROOM SANITATION
      1. Common rooms (e.g. crew rooms, locker rooms, etc.) occupied by employees shall be cleaned and disinfected at least once every shift, or every eight (8) hours, whichever is sooner.
         1. Per the Center for Disease Control (CDC), Cleaning – shall remove dirt and impurities, including germs, from surfaces.
         2. Per the CDC, Disinfecting – CDC approved chemicals shall be used to kill germs on surfaces, including the wipe down of all controls, desks, chairs, windows, lavatories, door handles, switches, and any surface that the employee is likely to touch during his/her time occupying the facility. Additionally, a disinfectant spray shall be used at the end of cleaning in order to broadly disinfect the rooms being occupied.
      2. Removal of trash shall only be performed by the specified craft designated to clean and disinfect facilities.
         1. The craft designated to perform the cleaning and disinfection shall be equipped with CDC recommended personal protective equipment (PPE) (such as gowns, gloves, and protective masks) and be trained on how to properly apply and remove the PPE to best prevent contamination.
         2. Exposed employees shall not handle discarded items unprotected by the above safety procedures.
      3. Require that all crew rooms have hand sanitizer (of at least 60% alcohol) stations readily available and marked.
   7. EMPLOYEE TEMPERATURE OBSERVATION
      1. Crews coming on-duty shall be scanned for fever at the beginning of each tour of duty.
      2. Employees identified as having an elevated temperature shall be immediately isolated and sent home or to a medical facility, at the employee’s discretion, for treatment and self-quarantine per CDC guidelines.
   8. EMPLOYEES AT THE AWAY FROM HOME TERMINAL
      1. Train and Engine (T & E) employees at the away form home terminal (AFHT), after completing the mandatory hours of service report, shall be permitted to stop between the terminal and the lodging facility for food at the request of the crew.
         1. Excessive waits at the dining facility, as a result of restaurant closures due to the virus, shall permit resetting of the mandatory ten (10) hours undisturbed rest at the affected employee’s request.
      2. Prior to going on-duty, T & E crews at the AFHT shall be provided an additional thirty (30) minutes call to work, in addition to current Collective Bargaining Agreement call to duty time, to allow for crews to secure food for the impending trip.
   9. CREW TRANSPORTATION
      1. Transportation vehicles provided for operating crews shall be cleaned with a CDC approved disinfectant before and after each crew member occupies the vehicle.
         1. This includes transportation to/from locomotives, crew rooms, and lodging facilities.
      2. Transportation shall be made readily available for crews to be transported to eating establishments while at the AFHT facility. (Note, it is not permissible for an individual to wall through restaurant drive-thru operations)
   10. EMPLOYEE DEVELOPS SYMPTOMS
       1. In the event an employee experiences symptoms similar to the virus while on-duty or at the AFHT, he/she shall be immediately isolated until CDC approved PPE can be provided.
       2. Once the employee has received the proper PPE, he/she shall be picked up by properly disinfected company approved transportation and taken home or to a medical facility, at the election of the employee.
       3. An employee experiencing COVID-19 like symptoms while on duty or at the AFHT shall be on-duty until he/she has been safely delivered home or to a medical facility.
   11. FURLOUGH RECALL
       1. In anticipation of workforce shortages and subsequent staffing needs, Class I railroad carriers must immediately call back to service 25% of its furloughed T&E workforce in preparation for the anticipated spread of the virus.
          1. The recall shall include the necessary training and qualification requirements per 49 CFR §240 and §242 to have crews readily available as soon as practicable.
          2. The increased emergency staffing level shall remain in place until the virus has been deemed to no longer pose a threat by the CDC.

[1] SMART TD – SMART TD represents employees on every Class I railroad, Amtrak, and on many regional and shortline railroads.  Membership is drawn primarily from the operating crafts conductors, brakemen, switchmen, ground service personnel, locomotive engineers, hostlers and workers in associated crafts.

[2] SMART – The International Association of Sheet Metal, Air, Rail, and Transportation workers.