WASHINGTON -- The Federal Railroad Administration has implemented, effective June 16, a final rule imposing individual liability and civil penalties against rail employees proven guilty of failing to properly position switches and derails, not protecting the point on shoving movements, and not leaving cars in the clear of adjacent tracks and crossovers.

The FRA said, however, that it will consider self-reporting "a strong reason for mitigation of the civil penalty, disqualification order, or other enforcement remedy."

The final rule also permits the FRA to conduct operational tests without a carrier officer present, and allows the required Switch Position Awareness Form to be discontinued.

The FRA rulemaking grew out of a Jan. 5, 2005, fatal accident on Norfolk Southern in Graniteville, S.C., involving the release of chlorine gas, and a similar accident on BNSF on Jan. 8, 2005.

In the Graniteville accident, the National Transportation Safety Board subsequently placed blame for the accident on a train crew's failure to reline a switch for mainline operations.

UTU Alternate National Legislative Director James Stem, who represents the UTU on many safety issues before the FRA, said, "Railroad employees who understand how to work by the existing operating rules will see no change from the application of this new regulation. All three of these issues are just basic common sense railroading."

With regard to civil penalties, the FRA said:

"Considering the mandatory nature of these operating rules, it seems that there has been a high disregard for them either intentionally or unintentionally ... FRA is aware of the pressure to occasionally shortcut an operating rule in order to maintain or increase production.

"FRA's awareness is derived from inspections and investigations, as well as shared experiences from FRA personnel who have previously worked for one or more railroads. The good faith challenge procedures are intended to empower employees who choose to abide by the railroad's operating rules but are either intentionally or unintentionally given a non-complying directive." 

The FRA's Final Rule also permits shoving movements without point protection when made in the direction of the circuited end of a designated departure track equipped with a shove light system under certain specified conditions. Section 218.99(e)(5) permits such movements when:

• The shove light system is demonstrated to be failsafe;

• The shove light system is arranged to display a less favorable aspect when the circuited section of the track is occupied;

• Written procedures are adopted and complied with that provide for a reliable means of determining track occupancy prior to commencing a shoving or pushing movement;

• The track is designated in writing;

• The track is under the exclusive and continuous control of a yardmaster or other qualified employee;

• The train crewmember or other qualified employee directing the shoving or pushing movement complies with the general movement requirements of paragraphs (b)(1) and (b)(2) of this section;

• All remote control shoving or pushing movements comply with the requirements contained in paragraph (c)(1) of this section; and

• The shove light system is continuously illuminated when the circuited section of the track is unoccupied.

Additionally, the FRA granted a six-month extension of the deadline for completion of training on the regulation and associated railroad operating rules. Training now must be completed by July 1, 2009.