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Brain Labor Report 1.31.18 - JP Wright, Railroad Workers Safety

By Wes Brain - Brain Labor Report, January 31, 2018

On the Brain Labor Report for January 31, 2018 we talk with J.P. Wright, railroad worker, singer, songwriter and organizer with Railroad Workers United. We discuss safety and the deadly impact of austerity and missed priorities.

Download Here - Via archive.org

Drop ALL the Charges NOW! Rail Safety Requires No Scapegoating

By staff - The Evidence is in: The Train Crew did not Cause the Lac-Mégantic Tragedy, January 29, 2018

On Feb 5, 2018, Canadian railroaders Tom Harding and Richard Labrie are ordered back to court to face addition federal charges, even after being acquitted in a 3 month frame up trial related to the Lac-Mégantic oil train wreck of 2013.

Set up to fail!  Every danger was put in place by out-of-control railroad managers and policy makers, while the government looked away. None of those dangers was created on July 6, 2013. They were all in place long before that and part of a system and a culture of recklessness.  But no owners or top manager decision makers are ever going to face trial.  They are actually free and running trains around the world right this minute.

The continued targeting of Harding and Labrie is part of the ongoing attempt by the Canadian government to save face and divert attention away from worldwide calls for a real investigation of who set up the dangerous factors that killed 47 and destroyed the downtown.

The charges now being prosecuted under the Railway Safety Act and the Fisheries Act are part of an ominous recent move to criminalize workplace rules which has been a long time goal of employers who wish to shift all liability onto their work forces.  They also represent a significant abuse of power by the government in this case, since a jury has already acquitted the two.

The essence of why real rail safety requires that the Canadian government must drop ALL the Charges NOW.

Canada rail workers win fight against frame-up

By John Steele - The Militant, February 5, 2018

The rail bosses and federal government were handed a stinging defeat when the three-and-a-half-month frame-up trial of locomotive engineer Tom Harding and train traffic controller Richard Labrie, both members of United Steelworkers Local 1976, and low-level former Montreal, Maine and Atlantic Railway manager Jean Demaitre, ended here Jan. 19. The 12-member jury declared the three former employees “not guilty” on all counts from the July 2013 derailment and explosion of a 72-car runaway oil train in Lac-Mégantic, Quebec.

Harding, the main target of the frame-up, was also acquitted on two lesser charges. The jury announced the verdict to a packed courtroom on the ninth day of deliberations.

“I am very happy with the verdict,” retired worker and Lac-Mégantic resident Jean Clusiault, told the media at the courthouse. Clusiault’s 24-year-old daughter, Kathy, was one of those killed at the Musi-Café near the tracks when the train derailed and exploded. “They treated these people horribly, like killers,” he said, referring to the three framed up men. “They broke their lives.”

Many people from Lac-Mégantic attended the trial. Clusiault was there every court day. When reporters asked him who he thought was guilty, he pulled a rumpled piece of paper from his pocket and started reading a list of high company officials, beginning with former CEO Edward Burkhardt.

“This is a victory for workers,” Gilbert Carette, a former Quebec highway maintenance department worker, told the Militant. “This tragedy, caused by company negligence and government deregulation of the rail industry, was placed on the shoulders of innocent workers.”

Carette is active in the Citizens and Groups Coalition for Rail Safety in Lac-Mégantic, which has been fighting for the federal and Quebec governments to build a railway bypass around the town.

“The Citizens Coalition,” said spokesperson Robert Bellefleur in a post-verdict press release, “has always insisted that the three employees were ordinary actors in a business scheme planned at high management levels to ensure maximum benefits for top company officials and shareholders of the oil and railway companies involved.”

'Bomb Train': Oil Execs Try to Blame Workers for Tragic Accident

A Decade of Train Wrecks: What Has Gone Wrong?

By J.P. Wright - Labor Notes, January 24, 2018

On December 18 an Amtrak passenger train traveling at 78 miles an hour derailed on a 30 mile-per-hour curve outside DuPont, Washington, killing three people and injuring scores more.

It’s the latest of five major passenger train wrecks in the U.S. in the last decade, and it came during the trial of three workers indicted for the 2013 freight train disaster in Lac-Mégantic, Quebec. (Last week, a jury found the workers not guilty on all counts.)

Why do these tragedies keep happening? We miss the point when we simply pinpoint the worker who “screwed up”—without asking why that worker screwed up.

Train wrecks often result from hidden factors over which the individual worker has little control, including poor work schedules, chronic crew fatigue, limited time off, inadequate staffing, lack of training, improper qualifying, task overload because of crew downsizing, deferred maintenance, antiquated infrastructure, and the employers’ failures to implement available safety technology. It is almost never just one of these factors, but a complex web that can result in disaster.

Rail Workers Acquitted in Trial on Deadly Lac-Mégantic Oil Train Disaster

By Justin Mikulka - DeSmog Blog, January 23, 2018

The train engineer and two additional rail workers who faced charges for the deadly July 2013 oil train accident in Lac-Mégantic, Quebec, were acquitted on Friday after the jury deliberated for nine days. If convicted of all charges, they potentially faced life in prison. 

The end of the trial of these three employees for their role in the Canadian oil train disaster that resulted in 47 deaths and the destruction of much of downtown Lac-Mégantic appears to have brought some closure to residents of the still-recovering town — although most are still waiting for justice.

As the trial began, the BBC reported the sentiments of Lac-Mégantic resident Jean Paradis, who lost three friends in the accident and thought the wrong people were on trial.

It's clear to me the main shareholder, MMA, are not here. Transport Canada is not here. Transport Canada have let cheap companies run railroads in Canada with less money for more profit…” Paridis told the BBC. Transport Canada is the Canadian regulatory agency with rail oversight.

Another resident, Jean Clusiault, who lost his daughter in the disaster, told the CBC that after the decision, “I felt relieved because these are not the right people who should be there.”

The sentiment that these three men should not have been found guilty was even expressed by the former CEO of the rail company that operated the train that caused the disaster.

“I was happy when I heard the verdict. I think the jury made the right decision,” Edward Burkhardt, former chairman of rail company Montreal, Maine and Atlantic (MMA), told Radio-Canada.

No rail executives, politicians, or regulators were ever charged with any crimes relating to the Lac-Mégantic disaster.

Based on the past four years of reporting on the literal and figurative boom in Bakken oil trains, I have written a book about the story of the bomb trains — from Lac-Mégantic to Trump — which addresses the question of who was to blame for the lethal accident in this small Quebec town and for the many oil train accidents across North America that followed.

The following is the first chapter of that book, detailing what happened in Lac-Mégantic on July 6, 2013.

RWU Statement Upon the Acquittal of Canadian Railroad Workers

By Ron Kaminkow - The Evidence is in: The Train Crew did not Cause the Lac-Mégantic Tragedy, January 19, 2018

Railroad workers – together with all citizens concerned with worker justice – across the continent are celebrating the acquittal of Canadian railroaders who were wrongly accused by the Crown for the tragedy at Lac-Mégantic in which 47 people were killed when a long and heavy oil train crashed and exploded in the middle of that small town in July of 2013.

At the time of the wreck, Railroad Workers United (RWU) had spoken out quickly, releasing a statement within a week condemning the reckless practices on the rail carrier – the Montreal, Maine and Atlantic (MM&A) – and its renegade CEO Ed Burkhart. Since then, RWU has defended the railroad workers, denying that they in any way should be charged with a criminal offense, demanding that the charges be dropped, and that the Crown charge the real criminals – the MM&A bosses and the government regulators who had turned a blind eye to their irresponsible actions regarding safety.

Once the workers were arrested, RWU took part in protest actions, assisted with organizing a defense committee, began raising funds for the defense, and attempted to raise awareness of the issue on both sides of the border. Despite the overwhelming evidence of company recklessness and irresponsibility, the Crown refused to drop the charges, and proceeded onward to the trial which finally commenced – more than four years after the event – in September 2017.

While the prosecution focused largely on a single event – the alleged failure of the locomotive engineer to tie enough handbrakes, they were tripped up at every turn by their own witnesses – government, company, “expert” and otherwise – who, by their testimony, incriminated the company and the government regulators rather than the defendants.

Some of the highlights that were revealed at the trial include:

1 – The implementation of single employee train crews just months earlier, had played a key role in the wreck. One other railroad that had been operating trains in this fashion for years (QNSL) had provided 10 days of training and made 69 safety accommodations prior to the implementation of such operations. The MM&A did none of these, while the government stood idly by. After the wreck however, Transport Canada outlawed the further implementation of the practice.

2 – The MM&A had allocated practically no funding for safety or emergency training, nor standardization of rules compliance, and had a terrible safety record compared to most rail carriers.

3 – The train in question was thousands of tons over limit. Significantly, the company had no set policy for the number of handbrakes that were necessary to secure such trains. That number remains in question, but experts now agree that the number for such a train on such a grade is well more than had been considered at the time.

4 – The train – by company policy – was left unattended on the mainline on a steep grade with no derail or other means of protection against runaway.

5 – The train’s lead locomotive was defective, and ultimately this fact would catalyze the runaway. Despite awareness of this fact, the company had failed to make necessary repairs to it, nor utilize it as a trailing unit in the consist. In addition, the mainline trackage was in a dilapidated state because of deferred maintenance by the carrier.

6 – Company policy was to leave the train’s automatic brake in the release position, even though the generally accepted practice by railroad policy and law is to leave unattended trains with the automatic brake in the “full-service” (fully applied) position. Every car of the train could have had its air brakes fully applied, but the company – against general rule and wisdom of a hundred years – insisted that engineers not set the air brakes on the train when leaving the train alone. Had this reckless and bizarre policy not been insisted upon by MM&A, the train almost certainly could not have rolled away.

All told over the course of four months, the jury gained a picture of a railroad company that was oblivious to safety concerns, one far more interested in making money than in the safety of its workers or trackside communities. While RWU applauds the jury’s verdict and sees the acquittal as a victory – not just for the MM&A railroad workers but for all railroad workers – we must remain vigilant. Railroad carriers in the U.S., Canada and elsewhere are intent on criminalizing employees, pointing the finger at them when something goes wrong, as a means of deflecting attention away from their own failures, whether it be inadequate training, lack of qualifying time, chronic crew fatigue, deferred maintenance, dangerously long and heavy trains, inadequate staffing and more. Railroad workers must be ready, willing and able to come to one another’s defense to prevent the rail carriers and the state from criminalizing our behavior while they – the real criminals – get off Scott free.

Tom Harding and Richard Labrie Did Not Cause The Lac-Mégantic Tragedy

By admin - The Evidence is in: The Train Crew did not Cause the Lac-Mégantic Tragedy, January 14, 2018

Any conviction of rail workers at the end of the long danger chain is an obstacle to safety or accountability. That can only come from a full public inquiry that holds policy makers responsible.

Here’s a review of some of the critically important factors that will never be addressed by scapegoating rail workers

The Montreal Maine and Atlantic (MMA) rail management and their US based parent company Rail World Inc put communities and employees at risk across the region, and not just in the specific instance of the Lac-Mégantic wreck. These increased risks almost all still exist, without local benefits or safeguards. None of the volatile crude oil shipped contributes to the regional economy but all the risks are local.

MMA made the deliberate decision to run unit trains of the most explosive oil:

  • With a single crew member who could ONLY move the train forward. Reverse moves and splitting for any safety eventuality was prohibited by this decision.
  • In known inadequate tank cars that were mislabeled as to content.
  • too long to fit in the available derail protected siding, which are designed for the purpose of holding such trains and use of which would have guaranteed that the wreck couldn’t have happened.
  • with completely inadequate liability insurance for any risks they imposed on communities.
  • without any plan for fire and other consequences that might occur with it’s dangerous cargo.
  • without backup qualified staff to respond to eventualities such as the locomotive fire. They refused to send the only and obvious qualified person available (Harding) to check the train in order to save money. Ruthless cutting of the workforce made qualified backup unavailable.

MMA made the deliberate decision to run the locomotive that caught fire in the lead despite:

  • known defective repair that ultimately led to the fire
  • known defective performance that also increased local environmental damage
  • known defective rollaway protection in the wiring of the battery
  • requests for the simple reordering of the consist that would have absolutely prevented the wreck

MMA made the decision to purposely overload the safety weight limits on individual inadequate tank cars for the sole purpose of profit with no concern for consequences of their action. There was no meaningful oversight of this crucial aspect of safety by Transport Canada or anyone else.

Protests Coast To Coast, And Even Abroad Meet The Final Phase Of The Lac-Mégantic Trial

By admin - The Evidence is in: The Train Crew did not Cause the Lac-Mégantic Tragedy, January8, 2018

The most important rail safety trial of our time will soon be in the hands of the jury. They are tasked with the difficult decision of whether or not to hold rail workers accountable for actions of their employers because it’s plain that there will be no other accountability, despite what is now a matter of public record.

The wrong people are on trial. Check out this interview with RCI, Radio Canada International. 

The stakes are high. But fortunately, many people across North America are not fooled by the Crown’s phony veneer of holding people personally accountable for the tragedy. No such real personal accountability will ever be made, since the government made it’s decision to target only the last persons in a danger chain that continues across every railroad to this moment.

On January 4th and 5th, in cities across America, people took their call for real rail safety, No More Lac-Mégantics and opposition to scapegoating workers to Canadian consulates as far away as Sao Paulo, Brazil. In several cases, they had to experience severe weather but came out anyway, knowing how important this case is. Active rail workers, Union members, working class militants, rail and other retirees protested in San Francisco, Chicago, Seattle, Washington DC and Minneapolis. Solidarity activists, Climate Change fighters, volatile oil opponents and environmental activists turned out their support to add their voices to the protests and delivering notice to the Canadian government that justice and rail safety cannot be served by framing up rail workers for the conditions they are forced, with government complicity, to work under. In some cities, they delivered printed statements and letters to consular officials.

Canadian Rail Workers Harding & Labrie Are Not Guilty! Drop The Charges NOW!

By Steve Zeltser - Transport Workers Solidarity Committee, January 4, 2018

A solidarity rally was held at the San Francisco Canadian Consulate to demand that charges be dropped against MMA USW union railroad workers Tom Harding and Richard Labrie for the deaths of 47 people in the Lac-Mégantic train wreck. The 47 car train was only manned by one worker and the evidence at the trial has shown that there were not proper safety measures in place. The company and the Canadian government according to speakers is now scapegoating the workers. The Canadian government liked the US government has pushed deregulation and 1 person crews being pushed by the rail owners and the speakers charged this was the real reason for this and other disasters.

There were also support actions on January 4, 2018 in Chicago, Seattle, DC and in Sao Paulo, Brazil at Canadian consulates and embassies.

The speakers also discussed the growing rail wrecks and dangerous transportation system in the United States and this was connected to similar efforts to downsize the staffing of the trains and deregulation. Speakers included trade unionists from SMART Local 1741 SF Bus Drivers, SEIU 1021 Social And Economic Justice Committee and members of Railroad Workers United RWU and Workers Solidarity Action Network WSAN. Environmental activists also attended and spoke.

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