Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Labor Committee

HB 1809

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

State statutes addressing crew size on freight and passenger trains explicitly state that no law or agency rule may prevent a railroad from staffing its freight or passenger trains in accordance with collective bargaining agreements or any national settlement regarding train crew size. For passenger trains, if there is no collective bargaining agreement or national settlement, a railroad operating with less than two crew members is subject to a safety review by the Utilities and Transportation Commission (Commission).

A violation of the crew size provision is a misdemeanor, and the railroad carrier is subject to a fine of at least $100, but not more than $500, for each offense. Each train run in violation of the crew size provision is a separate offense. The penalty does not apply in the case of disability of a crew member while out on the road between division terminals, wrecking trains, or to any line, or part of line, where not more than two trains are run in each 24 hours.

Federal law provides that laws, regulations, and orders related to railroad safety must be nationally uniform to the extent practicable. A state may enact a law related to safety unless the United States Secretary of Transportation adopts a rule or issues an order covering the subject matter. A state may adopt a more stringent law when it: (1) is necessary to eliminate or reduce an essentially local safety or security hazard; (2) is not incompatible with a federal law; and (3) does not unreasonably burden interstate commerce.

In 1999, a 7th Circuit Court of Appeals case addressed whether a Wisconsin crew size statute was preempted. The court held that the state law was preempted with regard to certain types of train operations because there was a federal order on the subject matter. However, the court held that the state statute was not preempted with regard to crew size when it came to other operations.

The Hazardous Materials Division of the Federal Railroad Administration oversees the transportation of hazardous materials, such as petroleum, chemicals, and nuclear products, across the country. Federal regulations define what materials are hazardous and specify such things as proper placards for trains carrying hazardous materials and train car configuration.

Summary of Bill:

Findings are made regarding the safety risks involved with transporting hazardous materials within Washington's unique and widely varying geographical terrain. The Legislature declares it is exercising its police powers to reduce the risk of exposure to local communities and protect environmentally sensitive lands and waterways.

The following minimum crew size requirements are established:

Common carriers transporting freight or passengers must operate with of no less than two crew members.
Railroad carriers operating hazardous material trains must have no less than three crew members. One member must be assigned to the rear of the train, within rolling equipment, situated to safely observe and monitor the train's content and movement.
Railroad carriers operating hazardous material trains consisting of 51 or more cars of any combination of hazardous materials, must have no less than four crew members. Two members must be assigned to the rear of the train, within rolling equipment, situated to safely observe and monitor the train's contents and movements.

The following exceptions apply:

Trains transporting hazardous materials a distance of five miles or less may operate with the required number of crew positions on the lead locomotive.
Class III carriers not transporting hazardous materials may be exempted by the Commission from the minimum crew size requirements.
The Commission may order Class I or II carriers to exceed the minimum crew size requirements and comply with other requirements if it determines that an increase in crew size is necessary to protect the public, employees, the environment, and to address local safety and security hazards.

The penalty for noncompliance is increased to $1,000 at a minimum and up to $100,000 maximum, for each offense. The exception to the penalty for any line where not more than two trains are run in each 24 hours is removed.

Definitions for "hazardous material" and other terms are provided.