Lawmakers Are Raising the Alarm About Railroad Worker Fatigue

Top Democrats on the House committee that oversees the freight rail network have urged the Federal Railroad Administration to do something about worker fatigue, according to a letter obtained by Motherboard. It cites the business practice of precision scheduled railroading (PSR) and recent attendance policy changes such as Hi Viz that have workers almost perpetually on call, both of which Motherboard have reported on, as key factors in putting both workers and the American public at greater risk.

“Crewmembers and other craft workers have raised their concerns about being excessively exhausted at work, which is worsened by PSR,” the letter signed by Congressmen Peter DeFazio and Donald Payne Jr says. “These workers cannot wait any longer, and neither can the communities through which trains travel.”

PSR is a business philosophy that dates back decades which sought to bring some degree of order and regularity to the often haphazard operations of freight rail. The idea was to implement regular schedules that both workers and shippers could rely on in a way that would also save the railroads money. But over time, PSR has become a corporate shorthand for slashing costs, reducing headcounts, and cutting back on maintenance and inspections in order to improve profit margins for stockholders. In the past six years, the workforce of the seven major “Class I” railroads has been slashed by a third, leading to concern that the remaining workforce is overworked and fatigued, posing a safety issue for the transportation network responsible for hauling most of the country’s hazardous materials.

Congress’s efforts to address worker fatigue in the railroad industry dates back to 2008 with a law that required railroads to develop fatigue management plans as part of a broader set of reforms to improve safety on the tracks. But the FRA has yet to implement new rules about what that fatigue management system would actually look like. In December 2020, the FRA proposed such a rule but it has not yet been finalized. The Democrats, who chair the Committee on Transportation Infrastructure and the Subcommittee on Railroads, Pipelines, and Hazardous Materials respectively, urge the FRA in the letter to finalize that rule “without delay.”

On the other side of the aisle, Republicans are also concerned about Hi Viz, but for different reasons. In a letter sent on April 4 to the BNSF President and CEO Katie Farmer and the presidents of the two unions who represent workers affected by Hi Viz, five Republican Congressmen wrote of their concern that increased resignations are impacting the country’s supply chain. 

“BNSF is America’s largest freight railroad. The company and its employees have been critical in the movement and delivery of products throughout the global pandemic and supply chain crisis,” the letter says. “As Members of Congress, many of whom have districts that represent BNSF employees and possess a portion of the railroad’s system, we are troubled by the communications our offices have received regarding the new ‘Hi-Viz’ policy.” The Congressmen urge “both sides to reengage in good-faith decision to achieve a policy that works for all.” 

In February, a federal judge barred the unions representing BNSF workers, which are in negotiations with BNSF over a new contract, from engaging in any kind of “self-help,” a legal term of art that includes slow downs, sick outs, partial slowdowns, pickets, or virtually any other kind of organized protest against Hi Viz.