Eastern Railroad Discussion > FRA drops hammer on csx

FRA drops hammer on CSXT
WASHINGTON -- CSX Transportation has received the lecture and warning it invited -- from the Federal Railroad Administration, which told CSXT CEO Michael Ward to clean up the carrier's bad acting with regard to intimidation and harassment of injured employees, and to do it pronto or face serious consequences.

Ward has been in denial that his officers and supervisors have created a system-wide chilling culture of harassment and intimation intended to discourage injured CSXT employees from reporting on-duty injuries or from receiving proper medical treatment -- and then retaliating against employees who reported injuries.

UTU general chairpersons, state legislative directors and the UTU National Legislative Office for years have been compiling evidence of such improper treatment of injured employees by CSXT, and sharing that evidence with FRA officials.

Between 2006 and early 2008, the FRA conducted more than 70 separate investigations that led the agency to conclude CSXT is a bad actor on a wide scale, and is guilty as UTU officials repeatedly charged.

On Jan. 16, the FRA had enough of CSXT’s hollow promises to reform.

In a three-page letter addressed to Ward, which reads much like an indictment, the FRA said "the evidence shows CSXT's response has been inadequate. In order to truly prevent any more instances of intimidation, CSXT must put forth a sustained good-faith effort to change its culture."

The letter carried a clear threat -- that the carrier must demonstrate dramatically changed behavior or face issuance by the FRA of a formal compliance order.

A compliance order -- a legally binding document -- would make the FRA a CSXT nanny, requiring Ward to draft, for FRA approval, a remedial action plan whose every element would be subject to FRA oversight. Also, a compliance order would make daily actions of CSXT's officers and supervisors subject to FRA oversight.

A UTU spokesperson told Bloomberg News on Jan. 27 that "CSXT has repeatedly refused, in meetings with UTU officers, to admit this is a long-standing and persistent problem. It is high-time for CSXT to stop playing ostrich, with its head in the sand in regard to employee harassment and intimidation."

UTU International President Mike Futhey praised UTU general chairpersons and local officers on CSXT for their painstaking collection of evidence. "At our regional meetings last year, I promised our members on CSXT that we would not retreat until the problem is solved -- either through voluntary CSXT actions or by a regulatory hammer," Futhey said.

CSXT was last placed under an FRA compliance order -- a rare action by the agency -- on April 20, 2000, after the railroad's efforts to improve track maintenance and safety fell far short of FRA regulatory standards. In 2008, New York State's U.S. senators criticized CSXT safety lapses. Sen. Charles Schumer (D-N.Y.) cited "a rash of serious accidents with CSX at the helm," and then-Sen. Hillary Rodham Clinton (D-N.Y.) cited "a troubling number of derailments in upstate New York."

In the Jan. 16 letter, the FRA told Ward that the agency's "comprehensive audit" of CSXT's accident/incident recordkeeping and reporting "revealed a number of regulatory violations, including the failure to report employee injuries." As for harassment and intimidation, the FRA said CSXT "was not acting in compliance" with existing federal regulations and its own promises to reform.

Said the FRA in its Jan. 16 letter:

"CSXT officers informed injured employees that reportable injuries would be a mark on their personal records and may have an adverse impact on their careers.

"In addition, CSXT officers transported injured employees to CSXT offices following medical treatment for 'fact-finding interviews' in an apparent attempt to deter the reporting of future injuries.

"Furthermore, CSXT officers informed employees that if their injury was reportable to FRA, CSXT would likely require the employee to submit to an alcohol and/or drug test, but if not reported, no such test would be necessary.

"CSXT officers also instructed injured employees to select 'sick' or 'suspended' designations where such employees requested to be 'marked-off' from performing services, improperly recording the employees' lost days.

"[A 2008 FRA investigation] revealed a division-wide practice in which CSXT field officers were requesting to enter and/or entering the treatment rooms of injured employees; [and] following treatment, CSXT managers often transported injured employees to a CSXT office to conduct fact-finding interviews which included three or more carrier officers in the room with the injured employee.

"[The FRA investigation] shed light on continuing widespread harassment and intimidation at CSXT.

"It is clear that CSXT has failed to adequately address its culture of harassment and intimidation [and] the problems previously addressed have not yet been corrected," said the FRA.

The FRA ordered CSXT to advise the FRA, in writing, by Jan. 30, detailed steps the carrier intends to pursue to correct its violations; that CSXT must "put forth a sustained good-faith effort to change" what the FRA called a "chilling" culture.

....And the logjam of these kinds of issues finally start to clear. It's telling that the FRA itself called the CSXT culture "chilling". Amazing what you can no longer get away with once your former chairman is no longer connected to the political gliterati in power.

Good and now they need to do all the railroads from class 1's to shortlines who do that to there employees...........

csxengineer Wrote:
-------------------------------------------------------
>
> UTU general chairpersons, state legislative
> directors and the UTU National Legislative Office
> for years have been compiling evidence of such
> improper treatment of injured employees by CSXT,
> and sharing that evidence with FRA officials.
>

It's things like this that remind you why you pay union dues.

NZ

In airplane accidents, it is not uncommon for a carrier to try and fry the crew over some minor misstep that perhaps had nothing to do with the main accident. This maneuver has grown in favor starting with UAL when they publicly degraded a pilot in an accident involving a then-new 727 and it's relatively unexplored high descent rates at low speed near the ground.

They reported to the media that this Captain had been weak, not trainable and just a poor character. My first reaction to that was if that was true, why was he in the cockpit? I guess passing checkrides, no mean feat, didn't matter.

Sounds like CSX has borrowed a page from that page-book!

Where's NS' letter?

Is this CSX crap Ingram-initiated, or does it pre-date his arrival from that other company?? Just imagine how much more productive - and safer - each of these outfits would be if the folks who do the actual work were treated like partners, rather than enemies. Shouldn't even railroad managements be able to grasp this simple concept? Just wondering, on a snowed-in day in Smallville, Ohio.

NYCSTL8 Wrote:
-------------------------------------------------------
> Just imagine how much more productive - and safer
> - each of these outfits would be if the folks who
> do the actual work were treated like partners,
> rather than enemies. Shouldn't even railroad
> managements be able to grasp this simple concept?

They treat us like kindergardners because we basically are. We're not allowed to pen PTI van doors anymore. Someone got their finger pinched, filed an injury, and to eliminate that injury the driver has to open and close our doors. I've been capable of closing a car door since I was 4, but now I'm not allowed to while on company property.

Eliminate the 'petty' and stupid injuries, and maybe they'll treat us like adults.

Practice Safe CSX

CSX_CO Wrote:
-------------------------------------------------------
> NYCSTL8 Wrote:
> --------------------------------------------------
> -----
> > Just imagine how much more productive - and
> safer
> > - each of these outfits would be if the folks
> who
> > do the actual work were treated like partners,
> > rather than enemies. Shouldn't even railroad
> > managements be able to grasp this simple
> concept?
>
> They treat us like kindergardners because we
> basically are. We're not allowed to pen PTI van
> doors anymore. Someone got their finger pinched,
> filed an injury, and to eliminate that injury the
> driver has to open and close our doors. I've been
> capable of closing a car door since I was 4, but
> now I'm not allowed to while on company property.
>
> Eliminate the 'petty' and stupid injuries, and
> maybe they'll treat us like adults.

That pretty much illustrates the challenge, doesn't it? Everything devolves to the least-common denominator: because of the few who don't know how to conduct themselves, management treats everyone like idiots, and because of the few managers who are idiots, labor gets picky with every little thing. Thus the whole operating environment is caustic and the opportunities for cooperative advancement are poisoned.

CSX_CO Wrote:
-------------------------------------------------------
> NYCSTL8 Wrote:
> --------------------------------------------------
> -----
> > Just imagine how much more productive - and
> safer
> > - each of these outfits would be if the folks
> who
> > do the actual work were treated like partners,
> > rather than enemies. Shouldn't even railroad
> > managements be able to grasp this simple
> concept?
>
> They treat us like kindergardners because we
> basically are. We're not allowed to pen PTI van
> doors anymore. Someone got their finger pinched,
> filed an injury, and to eliminate that injury the
> driver has to open and close our doors. I've been
> capable of closing a car door since I was 4, but
> now I'm not allowed to while on company property.
>
> Eliminate the 'petty' and stupid injuries, and
> maybe they'll treat us like adults.
>
> Practice Safe CSX


I agree with the petty injuries claims, but who is the judge of what is petty? It is important to have an injury looked at, but even if it is not serious, your medical insurance will pay for at least part of the office visit to a physician.

It is amazing how often a seeming small thing will escalate into something more serious, and if you have not reported it, the treatment and cure is on you, and it is your sick time that gets used.

It is a bad situation, but that's the one we have all labored with and in order to make it work, injuries must be reported...maybe not something you would take time off for, but later, if it becomes more serious, you have at least some options.

toledopatch Wrote:
-------------------------------------------------------
> That pretty much illustrates the challenge,
> doesn't it? Everything devolves to the
> least-common denominator: because of the few who
> don't know how to conduct themselves, management
> treats everyone like idiots, and because of the
> few managers who are idiots, labor gets picky with
> every little thing. Thus the whole operating
> environment is caustic and the opportunities for
> cooperative advancement are poisoned.

Just like any other big company...

It seems the larger the company the more detailed (and annoying) the "HR" policies become and it's usually the result of an employee complaint/issue/etc about the subject in question. I remember a whole discussion at a former (large public company) employer after a new policy came out banning open toe shoes & sandles. Oh the horror of seeing "toe cleavage"! (admittedly some of the female employees looked much better than others in those shoes!) And of course a female manager kept wearing hers "what, are they going to fire me over shoes? Yeah, right". Sometimes you feel like you've never really progressed past Kindergarten when it comes to modern workplace politics & policies...

Also explains why "Dilbert" is so popular...

There is a lot that can be said about this matter. As a CSX contract (union) employee, I'll refrain from commenting on this forum, but the FRA is doing this for a good reason.

The injury has dropped considerably on CSX in the past few years, as it has on all railroads.

I think part of the problem is that a sprained ankle is counted nearly the same as an amputation by FRA standards. If it involves lost time or a prescription -even an arm sling- then it is FRA reportable, even if only a few days time were lost. The FRA should take into account the severity of the injury, which might prevent some of the overreaction on the part of the carriers.

That's still no excuse for what's going on, however. We all have to play fair, company and employees alike.

"The injury has dropped considerably on CSX in the past few years, as it has on all railroads. "

Do you mean perhaps "what had been reported has dropped" ??

I always take whatever "news" that comes out of either union headquarters or company headquarters with a large grain of salt. Both sides tend to exaggerate and twist things to support their points of view.

In fairness, I'm posting CSXT's response to the UTU release.

CSX Transportation Responds to United Transportation Union Comments
Released: Jan 28, 2009

JACKSONVILLE, Fla. - January 28, 2009 - CSX Transportation (CSXT) today issued the following statement in response to an inflammatory news release from the United Transportation Union (UTU):

CSX Transportation is reviewing a letter from the Federal Railroad Administration and respectfully disagrees with the conclusions it reaches about CSXT's culture. The UTU leadership is using the letter as an opportunity for propaganda by posting a news release on its web site. The UTU press release is flat out wrong in every characterization of CSXT, and CSXT employees should be offended. In CSXT's response to the FRA later this week, the company plans to demonstrate the consistent and significant efforts and progress that CSXT has made in addressing the FRA's concerns.

CSXT just recorded its safest year ever in employee safety and the other key measures of a safe railroad -- train accidents and grade crossing safety. It is disappointing that some UTU officials would rather score news headlines than safety gains. Here is a compelling example: today's UTU release makes much of 10-year-old issues in framing CSXT's culture and approach, but it completely fails to mention a groundbreaking cooperation and peer intervention agreement that UTU just signed with CSXT. A copy is attached.

CSX Transportation Inc. is a principal operating company of CSX Corporation. CSX Corporation, based in Jacksonville, Fla., is one of the leading transportation companies, providing rail, intermodal and rail-to-truck transload services. The company's transportation network spans 21,000 miles with service to 23 eastern states and the District of Columbia, and connects to more than 70 ocean, river and lake ports. More information about CSX Corporation and its subsidiaries is available at the company's web site, www.csx.com.

M-636 Wrote:
-------------------------------------------------------
> "The injury has dropped considerably on CSX in the
> past few years, as it has on all railroads. "
>
> Do you mean perhaps "what had been reported has
> dropped" ??

I took what he wrote to mean: "The reported injury rate has dropped...." and agree that the word "rate" is missing at the very least.

It's funny that Railway Age magazine has named Micheal Ward "2008 Railroader of the Year." Thats like naming Adolf Hitler 1944 man of the year! Yes, CSX has made great strides in many ereas but I have not seen so many down beat down, scarred, hateful people and I did when I worked for them. The morale was non-existent and people feared for there jobs over the craziest things. People were afraid that if a bee flew out of a switch stand and stung them it would be their job!

WOW! Nice

DeutzHDL Wrote:
-------------------------------------------------------
> It's funny that Railway Age magazine has named
> Micheal Ward "2008 Railroader of the Year." Thats
> like naming Adolf Hitler 1944 man of the year!
> Yes, CSX has made great strides in many ereas but
> I have not seen so many down beat down, scarred,
> hateful people and I did when I worked for them.
> The morale was non-existent and people feared for
> there jobs over the craziest things. People were
> afraid that if a bee flew out of a switch stand
> and stung them it would be their job!

fmw Wrote:
-------------------------------------------------------
> There is a lot that can be said about this matter.
> As a CSX contract (union) employee, I'll refrain
> from commenting on this forum, but the FRA is
> doing this for a good reason.
>
> The injury has dropped considerably on CSX in the
> past few years, as it has on all railroads.
>
> I think part of the problem is that a sprained
> ankle is counted nearly the same as an amputation
> by FRA standards. If it involves lost time or a
> prescription -even an arm sling- then it is FRA
> reportable, even if only a few days time were
> lost. The FRA should take into account the
> severity of the injury, which might prevent some
> of the overreaction on the part of the carriers.
>
> That's still no excuse for what's going on,
> however. We all have to play fair, company and
> employees alike.

I agree implicitly.

Many plants and processors post signs about numbers of hours lost to injuries in the past year, or past several years. That would seem to make more sense, and would compensate for the one hour finger pinch in the van door vs losing an arm, etc.

Meant to say "the injury rate"