33:3 - Sherry, Hours of Service Regulations in the U.S. Railroad Industry
A. The Nature of Railroad Transportation Work: Fatigue management in the transportation industry is a challenge because the industry operates 
on twenty-four hours a day, seven days a week (24/7). Operations in the maritime, rail, aviation, and the trucking industry are all 24/7. For the freight industry in particular, nighttime operations are preferred because there is less competition for the roads and rails by passenger vehicles. In contrast, operations in the passenger transportation sector are generally more predictably oriented towards the daytime and, in local travel, often involve split shifts.
The issue of fatigue in transportation workers has been on the National Transportation Safety Board’s (NTSB) “most wanted” list of recommended safety improvements since 1990. In 1999, the NTSB recommended that the Federal Railroad Administration (FRA) “establish scientifically based regulations that set limits on hours of service, provide predictable work and rest schedules, and consider circadian rhythms and human sleep and rest requirements.” The FRA, however, has proposed “no statutory changes to the existing hours of service requirements.”
Under current law, a railroad employee must have at least eight consecutive hours of off-duty time following the completion of a work period and during the twenty-four hours before the employee may go on duty. An employee who has been on duty for more than twelve consecutive hours may not return for duty until the employee has had at least ten consecutive hours of off-duty time. It is common practice in the rail industry to transport road crews by cab from a train or terminal to a motel. If the crew is at a remote location, it may take an hour or more for the crew to reach its rest location. Thus, a twelve-hour shift can become thirteen or even fourteen hours if the crew must wait for its relief to arrive before being transported to the terminal. Upon arrival at the terminal the employee must usually spend extra time to drive home. Because crews are called at least two hours before they are to report for duty, a crew member may actually have only five hours or less of uninterrupted time for sleep.
There are powerful incentives in place for both labor and management to maintain the current regulatory framework. Limiting hours of service would force the railroads to hire additional workers. Consequently, employees would suffer a reduction in their earning power. Railroad companies would not only need to hire additional workers, but also provide training, benefits, and possible salary guarantees. In addition, railroad employees in the operating crafts have a strong tradition of independence and often resist changing work practices, especially ones they feel that they have adjusted to by reason of experience, seniority, and training. In general, railroad management boards and rail labor have worked cooperatively on several initiatives to address fatigue - a consensus, however, has not been reached to identify an overall approach.
on twenty-four hours a day, seven days a week (24/7). Operations in the maritime, rail, aviation, and the trucking industry are all 24/7. For the freight industry in particular, nighttime operations are preferred because there is less competition for the roads and rails by passenger vehicles. In contrast, operations in the passenger transportation sector are generally more predictably oriented towards the daytime and, in local travel, often involve split shifts.The issue of fatigue in transportation workers has been on the National Transportation Safety Board’s (NTSB) “most wanted” list of recommended safety improvements since 1990. In 1999, the NTSB recommended that the Federal Railroad Administration (FRA) “establish scientifically based regulations that set limits on hours of service, provide predictable work and rest schedules, and consider circadian rhythms and human sleep and rest requirements.” The FRA, however, has proposed “no statutory changes to the existing hours of service requirements.”
Under current law, a railroad employee must have at least eight consecutive hours of off-duty time following the completion of a work period and during the twenty-four hours before the employee may go on duty. An employee who has been on duty for more than twelve consecutive hours may not return for duty until the employee has had at least ten consecutive hours of off-duty time. It is common practice in the rail industry to transport road crews by cab from a train or terminal to a motel. If the crew is at a remote location, it may take an hour or more for the crew to reach its rest location. Thus, a twelve-hour shift can become thirteen or even fourteen hours if the crew must wait for its relief to arrive before being transported to the terminal. Upon arrival at the terminal the employee must usually spend extra time to drive home. Because crews are called at least two hours before they are to report for duty, a crew member may actually have only five hours or less of uninterrupted time for sleep.
There are powerful incentives in place for both labor and management to maintain the current regulatory framework. Limiting hours of service would force the railroads to hire additional workers. Consequently, employees would suffer a reduction in their earning power. Railroad companies would not only need to hire additional workers, but also provide training, benefits, and possible salary guarantees. In addition, railroad employees in the operating crafts have a strong tradition of independence and often resist changing work practices, especially ones they feel that they have adjusted to by reason of experience, seniority, and training. In general, railroad management boards and rail labor have worked cooperatively on several initiatives to address fatigue - a consensus, however, has not been reached to identify an overall approach.
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