[Congressional Record Volume 142, Number 64 (Thursday, May 9, 1996)]
[Extensions of Remarks]
[Page E745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              H.R. 3413, COMMUTER RAIL SAFETY ACT OF 1996

                                 ______


                        HON. WILLIAM J. MARTINI

                             of new jersey

                    in the house of representatives

                         Wednesday, May 8, 1996

  Mr. MARTINI. Mr. Speaker, today I am introducing legislation that 
will improve working conditions for train employees, while improving 
safety for rail commuters.
  On the morning of February 9, 1996, hundreds of New Jersey commuters 
experienced the worst commuter rail accident in the history of New 
Jersey Transit. The accident claimed the lives of 3 people--including 2 
train engineers--and injured 162 others. In combination with other 
safety factors, the accident was possibly a result of operator fatigue 
because one of the train engineers was working a split shift on very 
little sleep.
  On a split shift, a train employee may work up to 12 hours, provided 
that employee is given a continuous rest period of at least 4 hours. 
The operator of one of the trains involved in the New Jersey Transit 
accident reported to work at 6 p.m. Thursday evening and operated 
trains until 1 a.m. Friday morning. He had a rest period from 1 a.m. to 
5:40 a.m., when he resumed operating trains until 8:40 a.m.--the time 
of the accident. Several of New Jersey Transit's train engineers at the 
time of the accident regularly worked split shifts, often splitting a 
late evening shift and an early morning shift.
  While there is no way to know whether or not operator fatigue, due to 
what is known as a ``split shift'', played a major role in the New 
Jersey Transit collision that occurred in February, one thing is 
certain--the split shift was not sound policy.
  In response to the deadly New Jersey Transit train crash, I am 
introducing the Commuter Rail Safety Act of 1996. This legislation 
addresses the suspected cause of the tragic February accident--operator 
fatigue. As a member of the House Transportation and Infrastructure 
Committee, which oversees our Nation's railroads, I feel it is my 
obligation to take additional measures to ensure the safety of train 
employees and commuters.
  Under the Commuter Rail Safety Act, commuter train operators will no 
longer be forced to work risky shifts whereby they work several hours 
in a late night shift, take a 4-hour break, and then begin working an 
early morning shift. This provision addresses the problem of diminished 
alertness during morning hours that results from having been on duty 
during the nighttime. Furthermore, by doing away with overnight duty on 
commuter trains, my legislation eliminates the problem of employees not 
having an adequate place for rest in the middle of the night. In many 
instances, an employee working an evening/morning split shift is forced 
to sleep in a chair, in a noisy train station, or in an unoccupied 
railcar.
  This legislation still allows split shifts that begin the initial 
tour of duty in the morning, 4 to 8 a.m., for such shifts do not 
interfere with an individual's natural sleep cycle--circadian rhythm.
  The second provision in the Commuter Rail Safety Act is to provide 
train employees with 8 hours notice of their next job, with the only 
exception being shorter notice in the event of an emergency.
  Currently, a train employee might be given anywhere between 1 and 3 
hours' notice to report for duty. We feel that this practice fosters 
fatigue due to the resulting irregular and unpredictable work 
schedules. By allowing 8 hours' notice, this bill gives employees more 
preparation time for duty--preparation time to rest!
  Third, this bill provides train employees with 8 hours of undisturbed 
rest, with the only exception being the 8-hour notice for duty.
  While most rail carriers currently provide 8 hours of so-called 
undisturbed rest, many see no problem in calling an employee during 
this rest period. Daily interruptions experienced by train employees, 
including constant phone calls updating employees of their next job or 
asking them to fill in for industry's scheduling mistakes, are 
unnecessary and create undue stress on those employees. It is critical 
that all train personnel who are responsible for the safety of hundreds 
of commuters each day be adequately rested.
  Last, this legislation establishes criminal consequences for any rail 
employer or employee who intentionally fails to report rail accidents 
or injuries to the appropriate Federal and State authorities. In fact, 
it goes so far as to prevent an employer from discharging or 
discriminating against an employee who properly reports such an event. 
This provision prevents coverups of safety violations on the part of 
employer and employee and is a critical part of this safety 
legislation.
  Mr. Speaker, the Commuter Rail Safety Act has one focus--safety for 
train employees and commuters. It is my hope that, with the Commuter 
Rail Safety Act, we will be able to prevent tragic accidents, such as 
the NJ Transit collision, from happening in the future. I urge my 
colleagues to join me in supporting this important legislation.

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