TAVORMINA & YOUNG LLP

YOUR LEADER IN RAIL RIGHTS

STEVE YOUNG ENEWS

 CONDUCTOR CERTIFICATION

The new FRA regulations requiring conductors to be certified goes into effect January 1, 2012.  Those eligible to work as conductors as of January 1, 2012 will automatically be certified, but will have to re-certify before June 1, 2015.  Some highlights of the new regulation:

1. Each person eligible to work as a conductor as of January 1, 2012 will be given a certificate by March 1, 2012.

2. Those re-certifying will have up to three years to pass the testing requirements for certification.

3. Vision: Conductors must now have 20/40 corrected/uncorrected vision in both eyes and be able to recognize and distinguish the railroad signals.  

4. Hearing:  One must not have an average hearing loss in the better ear greater than 40 decibels with or without the use of a hearing aid.

5. Driving record:  Conductors must allow the railroad to review their driving record for drugs and alcohol violations, such as DWI's.  However, the railroad cannot consider any violation that occurred prior to January 1,2 012.

6. After January 1, 2012 conductors must report a refusal to blow for a DWI or completed state action (conviction/plea bargain) regarding a drug or alcohol conviction to the railroad within 48 hours.  Once the report is made the conductor must meet with an SAP counselor and abide by the counselor's recommendations with regard to a treatment plan.  If the conductor is deemed to not have a drug or alcohol problem he/she may continue to work.

7.One who loses his/her certification as an engineer cannot work as a conductor while de-certified as an engineer, but they could work as a brakeman or some other trainman position that is not certified.

8. One who is loses his/her conductor's certification cannot work as an engineer, unless the de-certification is for a specified safety regulation, such as a shoving rule violation.  

If you would like to take a look at our questions and answers regarding the new regulations, you can view it here. We have 30 simple questions and answers that covers most of the regulation as well as the entire regulation posted here.

MEDICAL INSURANCE CHANGES 

THE NEW MEDICAL COVERAGE
 
Effective January 1, 2012 those covered by the UTU agreement will have changes to their medical coverage.  Some highlights:
1. The member contribution will be reduced to $200. per month and will remain at $200. per month through June 30, 2016.  After that it can be raised by $30. per month.
2. There is will be a $200. annual deductible for a member and a $400. annual deductible for a member's family.  This applies only to non-copay events, such as MRI's, X-rays and other non-copay events.  Note that if the member meets his deductible early in the year and thereafter the family receives treatment the family deductible will be reduced to $200.
3. There is an annual co-insurance payment which is 5% of a non-copay event not to exceed $1000. for a member and $2000. for a family.  If a member receives treatment and pays his/her $1,000. and then the family has treatment and incurs a co-insurance payment, the family's co-insurance payment is reduced to $1,000.
4.There is now a $75. co-pay for an emergency room visit, unless the visit results in an admission.  There is a $20. co-pay for urgent care centers and a $10. co-pay for convenient care centers.
5. Drugs: $5. co-pay for in network generic drugs; $25. for in network brand name drugs; and $45. for in network drugs not on the formulary list of drugs.
 
For those covered under the BLET agreements, a proposed new agreement is in the mail.  The new proposal if ratified would provide a very similar agreement that would be phased in as follows:
1. The annual deductible and co-insurance would begin at 50% effective July 1, 2012.  Thus, the deductible would be $100. for a member and $200. for a family.
2. The co-insurance would be $500. for a member and $1,000. for a family.  
3. Effective January 1, 2013 the annual deductible and co-insurance would be raised to 75% and then on January 1, 2014 it would be raised to 100%.
 
There are no changes for those who have on the job injuries.  The medical coverage will still pay for all on the job injuries without railroad approval or permission.  The injured worker has the absolute right to seek medical and treatment from any doctor he or she chooses without interference from the railroad.  The injured worked is not required to see the company doctor for treatment of an on the job injury.  In fact, it is a violation of Federal Law for the railroad to interfere with an employee's treatment and care of an on the job injury.
DRUG & ALCOHOL TESTING IN 2012
 
The DOT recently mandated that employers must randomly test 25% of the railroad workforce for drugs  and 10%  for alcohol in 2012.
TAKING PICTURES OF THE WORKPLACETaking a picture    
On of the really great benefits of the new law regarding electronic devices was a provision that allows employees to take pictures and video at the workplace.  The law provides that an employee may take a picture of any "safety hazard" or any condition that is in violation of a rail safety law, regulation, order or standard.  The law does not safety regulation and thus this would apply to just about any condition that appears to be a safety hazard.  Pictures or video of these conditions can even be taken while on a moving train, by anyone other than the engineer operating the train.  One cannot use a cell phone to take the pictures or video and the device must be turned off immediately after the picture or video is taken.
However, this is a great right for a railroad worker.  Prior to this law there were no laws in place that provided for a right to take pictures or video of the workplace.  Now there is a Federal Law that clearly provides this long needed right.  A picture is still worth a thousand words and it is a great way to keep the workplace safe and to show a jury the cause of an injury.  
Put a stand alone camera in your grip and keep it with at all times, to protect your rights.
Steve head shot 2010
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BRIEFLY
 
Would you like to review the OSHA manual on how to conduct a railroad whistleblower case?  Look at it HERE.

 

UNION MERGER
 
An arbitrator has ruled that the Sheetmetal Worker and UTU merger should proceed.  The arbitration awardcan be found at SMART MERGER
 
INVESTIGATION? 
 
Got a tough investigation coming up?  Not sure what to do.  Take a look at our on line video seminar NO RULES in our Library.  This method teaches you how to win.  Don't pass it up.

 
HOURS OF SERVICE
Under the new law limbo time is limited to 30 hours per month.  It does not change.  Staying with a train waiting on a ride counts as limbo time.

Waiting on a room at the AFHT for more than 30 minutes is counted as time on duty for Hours of Service purposes.

If travel from the point of final release to the AFHT lodging is more than 30 minutes the time counts against the Hours of Service.

DRUG TESTING & THE HOURS OF SERVICE

An employee who is required to take a drug test can be required to exceed the Hours of Service to complete the test.  However, one who is required to submit to a random drug test may not be required to violate the Hours of Service and may stop the test at the expiration of 12 hours  

Rail Rights II

 

We are sold out of Rail Rights II.  The book has been a big hit and we have shipped many copies.  However, we are having a second printing of the book and it should be available by March 2012.