Kansas will now require freight trains operating within the state to have at least two train crew members in the lead locomotive cab.
“Kansans’ safety and security must always come first, and that includes the safety of our railroad crew members,” Democratic governor Laura Kelly said in a Wednesday release. “This requirement will protect workers from the effects of fatigue, prevent train derailments, and reduce risks in the many Kansas communities along our railroad tracks.”
Kansas is the 10th state to enact a law requiring a minimum of two people to comprise a freight train crew, according to the International Association of Sheet Metal, Air, Rail, and Transportation Workers – Transportation Division (SMART-TD) and the Kansas governor’s office. The others are California, Wisconsin, West Virginia, Arizona, Minnesota, Washington, Nevada, Colorado and Ohio.
Kansas’ rule goes into effect on Nov. 3.
“This bipartisan two-person crew regulation is monumental for the safety of all Kansans and for our crews that operate day in and day out within this great state. We have all worked hard to show that safety comes first, and corporate profits will never be placed ahead of all the citizens of this great state,” SMART-TD President Jeremy Ferguson said in a Wednesday release.
SMART-TD has argued that a minimum train crew size is “vital” since train length and weight can vary greatly. While some trains might be 8,500 feet long and weigh a few hundred tons, others might be over 4 miles long and weigh over 20,000 tons, according to Ty Dragoo, SMART-TD Kansas legislative director.
“It still takes a minimum of two individuals, regardless of size, to safely move and respond to emergencies as they arise throughout the state; an on-scene crew to mitigate emergencies as they arise the second an accident happens is paramount. This regulation ensures Kansas communities and citizens have the already widely accepted industry-wide minimum standard in place for their safety,” Dragoo said. He also said the regulation would not increase labor costs.
Minimum crew sizes for freight trains has been a hot topic in recent years. In June, the Association of American Railroads (AAR) sued the state of Ohio over the minimum train crew size rule that Republican Gov. Mike DeWine signed in March. In that lawsuit, AAR is arguing that federal law preempts state law.
AAR has also argued that independent studies of safety data and accident rates show no adverse safety impacts from one- versus two-person crews.
AAR’s members will “suffer harm to their rights to collectively bargain over crew size. The carriers that operate in Ohio have the right to bargain for system-wide changes in crew size. The Crew Size Law will interfere with the railroads’ ability to expand their rights to operate with one-person crews in Ohio through collective bargaining,” attorneys for AAR said in the late June court filing.
Some freight railroads, such as Union Pacific (NYSE: UNP), have also explored the possibility of moving one of the crew members from the locomotive cab to a ground-based position.
Meanwhile, a proposed rulemaking is still before the Federal Railroad Administration on requiring a train crew size of at least two members.
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