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123. Road freight engineers and motormen (local and

way freight).
124. Yard engineers and motormen..
125. Road passenger firemen and helpers.
126. Road freight firemen and helpers (through freight)..
127. Road freight and firemen and helpers (local and way

freight).
128. Yard firemen and helpers..

Total, transportation (train and engine). 129. Total, employees on duty.

1

69
129

112 17,266
261 38, 347
89 5,075
96 8,787
61 9,219
91

18, 123
9,088 349,990
15,813 1,319,580

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88

10,503

82

.23

25. 97

28

337

54

8,721

30

172

18, 644

163

.12

11.98

31

457

94

9,562

38

5,794

Source: Interstate Commerce Commission Accident Bulletin No. 134.

TABLE 32. DAMAGE TO EQUIPMENT, TRACK, AND ROADBED FROM TRAIN ACCIDENTS, 1961-66

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Negligence of employees:
Train orders.

$846, 203 $707,005 $1,376, 743 $817, 828 $877, 356 $797, 432 Cab signals. 27,500 40, 482 4,619

73, 653 Automatic train control..

143, 450 Fixed signals.

735, 046 1,698, 605 1,119, 127 2,845, 810 3,692, 473 1,929, 723 Hand signals.

191, 690 286, 815 309, 313 227,030 366, 278 391, 322 Train flagging

155, 669 826, 547 735, 062 131, 243 884, 756 578, 681 Airbrakes.

263, 603 340, 295 157, 114 661, 263 964, 735 562, 750 Handbrakes.

613, 746 855, 605 977, 3511, 142, 815 1,135, 305 2, 027, 073 Switches.

1,058, 671 890, 718 1,656, 538 1,383, 499 1,866, 184 3,114,920 Other causes.

4, 168, 155 3,573, 4616,384, 272 6,162, 296 4,920, 407 8,328, 817 Total.....

8, 032, 783 9,206, 551 12,899, 452 13, 376, 403 14,707, 494 17,804, 371 Defects in or failures of equipment:

Steam locomotives..
Locomotives other than steam

337, 607 309, 152 731, 113 434, 597 496, 367 773, 158 Trucks....

1,978, 189 4,953,065 4,868, 8493,477, 752 6,008, 953 7,063, 697 Wheels and axles.

16,675, 018 14, 291, 043 18,042, 86119, 372,039 22, 995, 256 20, 146, 235 Airbrakes and appurtenances. 126, 900 328, 631 172, 310 291, 835 594, 470 585, 085 Handbrakes, brake rigging, and appurtenances. 651, 917 896,014 1,165, 910

962, 230 795, 659 904, 356 Couplers, draft gear, and related parts...

1,726, 122 2,538, 188 2,532, 784 2, 154, 477 2,466, 442 3, 104, 213 Car structure.

703, 429 970, 975 1.049, 561 1,910, 729 1, 825, 298 1,255, 807 Other parts of equipment.

161, 609 179, 216 467, 254 414, 325 589, 015 245, 001 Total....

22, 360, 791 24, 466, 284 29,030, 642 29, 377, 984 35,771, 460 34,077,732 Defects in or improper maintenance of way and structures: Roadway structures. 5,550 2, 495 38, 417

132, 501 Ties and tie plates.

70, 682 97, 079 175, 993 147, 223 380, 382 605, 304 Rails and joints

6,166, 497 5,950, 528 8, 328, 454 6, 867,064 10, 461, 665 13, 755, 811 Frogs and switches.

435, 037 673, 4011, 464, 292 738, 075 1, 788, 276 1,632, 379 Signal systems.

5, 250 8,871

21, 895 510, 855 176, 700 Other way and structure items. 1, 806, 032 1,623, 801 2, 246, 691 2,597, 204 3,330, 113 5, 973, 526 Total.

8, 483, 498 3, 359, 230 12, 239, 810 10,898, 838 16, 137, 136 22, 119, 521 All other causes (including unknown).. 11, 554, 290 14,332, 076 16, 302, 358 18, 406, 307 18,914,983 24,959, 155 Grand total

50,431, 362 56, 364, 141 70, 472, 272 72,059, 532 85,531, 073 98, 960, 779

. Preliminary.

Source: Interstate Commerce Commission, Accident Bulletin, Nos. 130, 132, and 134; Department of Transportation, Federal Railroad Administration.

TABLE 33.-Estimated cost of railroad accidents, class I line-haul railroads, 1966 Cost of railroad accidents :

Damage to equipment, track, and roadbed from train accidents - $98, 960, 779 Cost of clearing wrecks--

22, 980, 542 Loss and damage to freight, train accidents.

18, 645, 000 Injuries to persons.-

108, 492, 202 Total cost--

249, 078, 523 Man-days of railway workers lost 1,895,958, wage loss at $24.82 per day?

47, 0.50, 094 Grand total.

296, 128, 617

Federal expenditures for railroad safety, fiscal year ended June 30,
1966:

Railroad safety activities_-
Locomotive inspection activities_

1, 947, 650 1, 310, 000

Total

3, 257, 650 1 Average daily rate, all railway classes, 1966. Source: Interstate Commerce Commission, "Transport Statistics in the United States, 1966 ; 80th Annual Report of the Interstate Commerce Commission, 1966 ; Department of Transportation, Federal Railroad Administration; and Rallway Age, Mar. 27, 1967, p. 31.

Mr. CHESSER. These organizations mentioned, and the Railway Labor Executives Association, appreciate your allowing me the opportunity to testify on H.R. 16980, introduced by the chairman, Congressman Staggers, and on H.R. 17093, a companion bill, introduced by Congressman McCarthy, of New York.

We are grateful for the recognition, though belated, that such legislation is imperative to assure the safety of the traveling public and of railroad employees.

Incidentally, I would like to commend Congressman Moss, and Senator McGee, who earlier recognized the necessity of such legislation, by introducing measures to provide for already safety laws, which was identified as H.R. 5934, H.R. 5935, S. 526, and s. 527.

While meaningful and effective railway safety legislation will require a number of revisions of the pending bill to which this statement is addressed, and these proposed revisions are discussed fully in the complete text of my statement, railway labor strongly supports the basic thrust of this legislation, because of its longstanding and deep concern over the deplorable safety records of the railroads.

The Department of Transportation has reported that 2,684 human lives were lost, and 25,552 were injured in railroad accidents in the year 1966; 159 employees on duty were killed and 18,195 were injured. There were 6,793 train accidents-a record for recent years, for which comparable figures are available.

Preliminary figures for 1967 indicate that last year train accidents exceeded the record 1966 levels by about 5 percent, and the first months of 1968 exceeded the same period of 1967 by about 10 percent.

Thus, there is no indication that the transfer of safety responsibility from the Interstate Commerce Commission to the Federal Railroad Administration has yet had any effect in improving railroad safety. The limited legal authority possessed by the Federal Government over railroad safety has made it impossible for this Department to take meaningful action to compel railroads to operate safely.

I want to comment briefly on a release of the Association of American Railroads of which you have the full text before you dated May 8, 1968, claiming the safety record of the railroads is very good and getting better, largely because only 13 railroad passengers died in accidents last year.

I find it extraordinary that an industry where accidents killed 2.458 people, altogether, in 1967, should feature its passenger record of 13 fatalities as indicating a great improvement in its safety record.

Actually, the 1967 passenger fatality figure has very little validity as an indicator of anything beyond the figure itself.

Other statistical measures presented in the Association of American Railroads release of May 8, 1968, also lack validity, especially their attempt to relate employee fatalities to gross ton-miles of freight.

A detailed analysis, as I said before, is on your desk.

Existing laws relating to railway safety leave wide gaps, where neither Federal nor State agencies have any authority or control.

Furthermore, even where Federal laws do operate, penalties for violations are far below what is needed to deter the railroads from violations when corporate objectives dictate otherwise.

Each of these shortcomings in the existing pattern of Federal legislation is dealt with in the bill before the committee. I shall discuss these

matters in some detail. Existing Federal regulation of railway safety is covered by nine statutes.

Attached to my statement is a compilation of the text of these laws.

The Safety Appliance Acts best illustrate the infirmities in the Federal system of safety legislation. These acts, legislated over a long period stretching from 1893 to 1958, provide in their language specific delineation of Federal powers.

This explicitness, however, is limiting in its effect and application.

Let me illustrate : The original act of 1893 requires that cars and locomotives be equipped with automatic couplers, that such couplers or drawbars be at a standard height above the roadway, that they can be uncoupled without the need of men going between cars, and that grab irons or handholds be installed on the ends and sides of the cars, for the security of men doing the uncoupling.

But the statute says nothing about the levers the men must operate to perform the uncoupling.

The action of coupling and uncoupling cars is among the most hazardous tasks faced by railroad employees. Eight men were killed, and 1,017 were injured, in the year 1966, while coupling and uncoupling cars, and in related tasks; 181 were injured in the single act of manipulating the uncoupling lever.

This is clearly a function and a device that should be completely subject to adequate legal controls. But, because the uncoupling levers were not specifically mentioned in the statute, the courts have held that the Interstate Commerce Commission, and now the Department of Transportation, are without power to specify standards governing them.

To the credit of the Interstate Commerce Commission, it did prescribe standards for uncoupling levers. However, compliance has been wholly a matter of volunteer acceptance by the carriers.

Airbrakes, of course, are of the utmost importance to operating safety. The 1893 act provided that some cars in the train, the number or percentage of such cars to be determined by the Interstate Commerce Commission, must be equipped with power brakes.

However, the Commission was given no legislative authority whatever to control the installation, inspection, maintenance, and repair of such brakes, or the testing of airbrake systems.

Although the Commission requested authority for such control for many years, it was not granted until Congress passed the Power Brake Act of 1958. If next week, or next year, railroad equipment manufacturers invent a new device which will provide some significant operating or economic benefit to the railroads, there will be nothing the Federal Department of Transportation can do within its present authority to prevent the installation of such a device, even if it adds gross hazards to operating employees or to the traveling and shipping public.

In the absence of broad legislation, such as is under consideration here, it would take a new specific act of Congress to authorize powers for such regulation.

This is not a theoretical problem. The Baltimore & Ohio Railroad and other carriers have placed into service a large covered hopper car with a capacity of 100 tons.

When this car is in use, in a track operating on a curve of 6° or more, it develops a critically dangerous rocking motion at speeds of only between 10 and 25 miles per hour.

It should be possible to enforce a regulation that this car either be removed from service, or be prohibited from interchanges with other railroads, but the Federal Government has no power whatever to issue any regulations in this area.

İ have cited these limitation only to show that even in areas where there are now elements of control such as those embodied in the Safety Appliance Act, the control is strictly limited by the language of the acts.

This is an absurd situation—that the Department of Transportation, now charged with the administration of safety laws in the whole field of transportation, should be so restricted in its control for the largest transportation agency, the railroads.

The bills which you are considering will fill in the gaps in regulatory authority now residing in existing laws. Among those significant areas where additional regulatory controls are essential are the following:

One, railroad structures, track and roadway. Hundreds of train accidents are caused every year as a result of defects in way and structure elements.

In addition, many train service casualties, to both operating and maintenance employees, occur because of unsafe conditions that go uncorrected in railroad yards and on and about railroad facilities.

Mr. Harold Crotty, president of the Maintenance of Way Employees, who will follow me as a witness, will discuss this phase with you in more detail.

Two, railroad equipment. Thousands of train accidents and many train service casualties result from defects in railroad equipment. Locomotives in general are covered by the Locomotive Inspection Act, but freight and passenger cars are covered only to the extent to which specific items have been set forth in the Safety Appliance Act.

Thus, the Government has no authority with respect to car undercarriages, trucks, wheels, or even couplers and draft gear, except to the limited extent set forth in the Safety Appliance Act.

In 1966, 265 train accidents occurred as a consequence of defects in trucks; 789 were caused by defective wheels and axles. Defective couplers, draft gear, and related parts caused 346 train accidents. Defects in sills, sides, floors, doors, and other car structural parts caused 143 train accidents, and many hundreds of casualties were caused by defective airhoses brake shaft step stirrups, footboards, and other car parts.

The Locomotive Inspection Act is an area where nominally the Federal Government already has some power to control practices, particularly to require that locomotives be not dispatched into service when they are in an unsafe condition.

However, the record of the carriers over many years has shown serious laxity in this respect. Each year, the annual reports of the Director of Locomotive Inspection have recited accidents which occurred because of unsafe conditions of locomotives. Many such accidents occurred after Interstate Commerce Commission inspectors had reported unsafe conditions, sometimes many times.

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