Laying Tracks for Safety: The Problems and the Search for Solutions.

1. May 16, 2008 Laying Tracks for Safety:The Problems and the Search for Solutions.

2. Safety MUST be the # 1 Priority As leaders of the majority of bargaining unit members on all railways and as Teamsters… we are on the front lines of rail safety. The Rail companies have realized record revenue over the last few years with the forecast of much more to come. They have dug their heels in at bargaining…they abuse our collective agreements… and they have allowed the integrity of their track to be compromised… all in the pursuit of greater profits.

3. Bargaining and the enforcement of collective agreements have almost always been confrontational arenas. We accept that… and as frustrating as the battles may get… no one dies from them. However, Safety is where we must draw the line. Production and profits cannot be put ahead of the safety of our membership and of the public.

4. Railways are running on the razor’s edge of safety. • Longer Trains, heavier loads, more frequency… is putting everyone at risk. DO THE MATH !! • The more trains that are run and the heavier the loading … the faster the deterioration of the infrastructure. Greater fluidity also equals more wear and tear. • Obviously, when the deterioration is sped up, the need for greater maintenance and more frequent inspections increases proportionately.

5. However, as more trains are running, the ability to get on the track and inspect, repair or maintain… decreases. Therefore, the infrastructure continues to deteriorate at a faster rate, maintenance schedules aren’t kept and defects are missed until….catastrophe. The same is true for the equipment. The harder you run it, the more maintenance it needs. The more you need to run it, the less time for maintenance and inspection. The deterioration increases until defects are missed and then…catastrophe.

6. Mississauga, Ontario – 1979 - Chlorine

7. Taber Sub, Alberta – 2001 – CP Potash

8. Detroit, 2004 – CN derailment causes evacuation because of jet fuel.

9. Graniteville, SC – 2005 – Chlorine

10. Painesville, Ohio – 2007 - Propane

11. Belleville, Ontario – 2003 – CP propane

12. Prince George, BC – 2007 - 50,000 gallons of burning gasoline

13. These were just a few examples of the hundreds of mainline derailments every year. It is not a matter of “If” another tragedy on the rail will happen, it is a matter of “Where”. The “When” is any day now. Train accidents, especially for CN and CP, are significantly on the rise.

14. CPR YTD = December CNR YTD = December Other YTD = October

15. No matter how you spin the numbers, more trains are going on the ground. And the trains are carrying dangerous commodities. Poisons that kill… like Anhydrous Ammonia and Chlorine. Explosives like propane and aviation fuel, that take lives and devastate the landscape. Every time a train derails, there is the potential for tragedy.

16. Winnipeg, Manitoba - 2008 Though this is a grain car, there are anhydrous ammonia cars in the background that could just as easily have been on the ground.

17. I don’t believe that the railway companies want train accidents. I believe that they want to run safe and productive lines. However, as transportation by rail takes off and profits skyrocket, the promise of increased revenue causes them to take risks. They weigh the odds and roll the dice, thinking that they are operating within acceptable parameters.

18. Like smokers, they know the risks but they chance it anyway. And the promise of million dollar bonuses can assuage a lot of guilt and justify at least in their eyes, far too many shortcuts. As the Eagles used to sing, “It’s the lure of easy money…its got a very strong appeal.” And that’s where we come in. We can’t just be their adversaries, we have to be their conscience.

19. The Solutions The issue of rail safety has two facets. On one hand, we have to make the railways safe for our members. • Though the stats for “reportable” injuries may fluctuate by slight degrees, the fact remains that they are far too frequent. • In my twelve years as a Union officer, I have attended over a dozen funerals of CP employees, six who were personal friends. And my experience is sadly… not unique.

20. The other side of rail safety is that we are also responsible for the safety of the public at large, including those who travel by rail and those who live by or near the tracks. As the people actually doing the work and operating the trains, our combined membership is in the best position to know: what is being done, what isn’t being done and what needs to be done to bring the infrastructure up to an acceptable level. But after years of frustration, we are left with this question… How do we insure that our concerns are heard ?

21. We utilize the WH&S committees to insure that risk assessments of ALL jobs are done and complaints are carried to management and to the regulatory bodies. • We get fully involved in accident investigations to insure that they are looking for the “root cause” to aid in prevention, not evidence of blame so that the company can discipline. • Even so, we are often left with partial resolves and no permanent solutions. • The companies don’t seem to accept that there are systemic problems which cannot be solved simply by increasing discipline.

22. To find the proper solutions we believe that ALL stakeholders must be involved. The public must be made aware of the dangers and be given a forum to speak up. The Government and regulatory bodies must enforce existing legislation and initiate new laws where necessary. Laws with teeth. The companies must commit to safety being the number one priority and also commit to working and dealing fairly with Labour to achieve that end. And we have to be actively involved. Not only as watchdogs but using our expertise to offer viable solutions for the future. We are the best qualified, motivated by the need to keep our people alive instead of the need to fill our pockets. Communication and Commitment are vital.

23. SOLUTIONS

24. In Canada, we are in constant contact with the regulatory bodies (HRSDC, Labour Canada, Transport Canada, TSB, etc.). When we find systemic defects, we report them directly to Transport Canada as well as to the company. With the assistance of Teamsters Canada lobbyist Phil Benson, we have strengthened our relationships with politicians giving us a voice in Parliament so that laws get enforced and when necessary, changed. For example, last year the Federal Government ordered a review of the Rail Safety Act (something that had not been done for 10 years).

25. The Review Committee came back with 56 recommendations for improvements. Through the untiring efforts of Brother Benson, I was called to present before the House of Commons Standing Committee studying the report and I have now been appointed to the Rail Safety advisory committee which will formulate the implementation of the review, as well. We also have Teamsters appointed to each of the five (5) working committees dealing with the recommendations. This will mean that not only have we finally brokered labour union involvement in rail safety reform at a parliamentary level, we have insured that the largest Union presence will be: TEAMSTERS

26. It was public outcry over the high profile train accidents causing loss of life and eco damage which brought about the Railway Safety Act Review. The public seems to want to be involved and so we have put into place a strategic plan to raise public awareness around the scope and gravity of railway safety dangers in Canada by launching a national media debate. This began on April 23rd when the Globe & Mail, Canada’s largest national paper published an opinion piece from the TCRC MWED centering on railway fatalities, train accidents and the need for enforcement of regulations and the involvement of all stakeholders to insure that Canada’s railways are safe.

27. We have begun working with, and in some cases putting pressure on, MPs, Transport Canada and other legislative and regulatory stakeholders to facilitate action necessary to create a safe national railway system, on an ongoing basis – which would include proactive as well as reactive elements. We want the TCRC MWED and Teamsters Canada to be seen as solution-oriented agents of change, advocating public safety and proposing viable solutions on behalf of all Canadians. We want to be known as the Union that will protect all workers and the public alike. We want to put the railroads and their lobby group off balance; make them explain to Canadians why they are putting profits ahead of safety and force this issue into the public forum, where the rights, the safety and the livelihood of our membership can be protected.

28. But this is not simply a Canadian problem. It is an International problem, dealing with International rail companies and we need International solutions. This is a battle that we can’t afford to lose. Together… United … I am confident that we won’t.