The Federal Transit Administration (FTA) has introduced a final rule establishing mandatory minimum safety standards for rail transit employees working on or near tracks. Set to take effect December 2, this landmark rule mandates several protections, aiming to improve safety for transit workers nationwide.
At the heart of the new regulation is the right for employees to “challenge and refuse in good faith any assignment based on on-track safety concerns.” This empowers workers to voice concerns without fear of retaliation, enabling immediate resolution of safety issues in an equitable manner.
Key Provisions of the Rule
The FTA’s rule outlines essential components to enhance track worker safety, including:
- Roadway Worker Protection Programs: Rail agencies must implement a roadway worker protection (RWP) program to prevent incidents, fatalities, and injuries for employees working on or along tracks. These programs create structured protections for those in one of the transit sector’s most hazardous roles, reducing everyday risks.
- Minimum Standards for RWP Programs: Each RWP program must include critical measures such as job safety briefings and lone worker protection. Safety briefings allow workers to stay informed about specific job site hazards, while protections for lone workers—those who often work without close colleagues—are designed to ensure their safety even in isolated situations.
- Mandatory Reporting of Unsafe Conditions: Workers are required to report unsafe actions, conditions, and near misses. By fostering a safety culture where issues can be raised without fear, agencies can identify and correct risks before they lead to incidents. Near-miss reporting, in particular, allows for proactive prevention of future accidents.
- Comprehensive Training Programs: The rule mandates robust training for all transit employees responsible for on-track safety. Training covers safety protocols and emergency procedures tailored to specific job roles, ensuring workers are equipped to make safe decisions in high-risk situations.
Addressing a Persistent Safety Issue
The urgency behind the FTA’s rule is underscored by statistics from the National Transit Database: from January 1, 2008, to June 30, 2024, 29 transit workers were killed and 144 were seriously injured while performing track work. In a high-stakes environment where workers face threats from moving trains, live tracks, and heavy machinery, these numbers highlight significant gaps in safety measures.
“Transit workers deserve to know their safety is the highest priority when they’re performing track work,” Transportation Secretary Pete Buttigieg emphasized in a recent FTA press release. “Thanks to the Biden-Harris Administration, we now have the first-ever rule requiring worker protection standards for rail transit agencies that will keep American track workers safe as they do their important work to keep our transit systems operating.”
Industry and Union Support
The rule has been well received by labor organizations, including the Transport Workers Union of America (TWU), which represents thousands of transit employees. The TWU called the rule a “massive step forward” for safety. In a separate statement, TWU International President John Samuelsen praised the mandate, underscoring the union’s long-standing demand for safer working conditions.
“President Joe Biden and [the Department of Transportation] are telling transit agencies across the USA their top priority must be protecting critically important workers,” Samuelsen said. “We do critical work in perilous conditions, and now we have the right to refuse inherently dangerous assignments.”
A Proactive Approach to Worker Safety
The FTA’s focus on worker safety is not new. In September 2021, it issued a Request for Information seeking feedback on ways to improve protections for track workers. Following this, the FTA proposed a draft rule in March, receiving input that shaped the final rule’s content. This process highlights the administration’s commitment to gathering stakeholder feedback and developing policies that protect frontline rail transit employees.
A Promising Step for the Transit Industry
While this rule introduces new requirements, many see these protections as long overdue. Transit workers face numerous hazards daily, and by formalizing their right to refuse unsafe assignments and establishing structured RWP programs, the FTA provides essential tools for a safer workplace.
As transit agencies prepare to comply with these standards, the FTA and transit unions will monitor implementation closely. For the thousands of rail transit workers across the country, these changes bring assurance that their safety is a priority, and that they can perform their work in a safer, more secure environment.
