Eastern Railroad Discussion > Emergency Order Requiring Face Mask Use in Railroad Operations

FRA issues Executive Order (E.O.) as of 3/1/21 requiring RR workers on freight trains, in high rails, etc to wear face masks.
https://www.federalregister.gov/documents/2021/03/01/2021-04233/emergency-order-requiring-face-mask-use-in-railroad-operations

Excerpts:

"...FRA is exercising its emergency railroad safety authority to the extent necessary to require mask wearing in accordance with the CDC Order and implement Executive Order 13998 with respect to freight rail operations and those portions of passenger rail operations [3] not already covered by the TSA SD..."

and

"...this E.O. applies to all persons in or on a freight train, locomotive, high-rail vehicle, crew transportation vehicle, or in a railroad transportation facility, terminal, yard, storage facility, yard office, crew room, maintenance shop, and other areas regularly occupied by railroad personnel... "

and"...At a minimum, for any person who is not exempted from the requirement to wear a mask and who refuses to comply with an instruction given by the railroad carrier with respect to wearing a mask, the railroad carrier must:1. Remove the person from performing duties in support of railroad operations; and2. Make best efforts to remove the person from the railroad transportation hub/facility as soon as practicable...."

and

"...Any violation of this E.O. may subject the person (a railroad carrier) committing the violation to a civil penalty of up to $118,826 for each day the violation continues. 49 U.S.C. 21301 and 86 FR 1751 (Jan. 11, 2021). Any individual (railroad personnel) who willfully violates a provision stated in this order is subject to civil penalties under 49 U.S.C. 21301 [see below]. In addition, any individual (railroad personnel) whose violation of this order demonstrates the individual's unfitness for safety-sensitive service may be removed from safety-sensitive service on the railroad under 49 U.S.C. 20111. .."

Civil penalty text from 49 U.S.C. 21301:
§21301. Chapter 201 general violations(a) Penalty.—(1) A person may not fail to comply with section 20160 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to section 21304 of this title, a person violating section 20160 of this title or a regulation prescribed or order issued by the Secretary under chapter 201 is liable to the United States Government for a civil penalty. The Secretary shall impose the penalty applicable under paragraph (2) of this subsection. A separate violation occurs for each day the violation continues.(2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The Secretary shall impose a civil penalty for a violation of section 20160 of this title. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.(3) The Secretary may compromise the amount of a civil penalty imposed under this subsection to not less than $500 before referring the matter to the Attorney General for collection. In determining the amount of a compromise, the Secretary shall consider—(A) the nature, circumstances, extent, and gravity of the violation;(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and(C) other matters that justice requires.
In a discussion on a rail fan oriented FaceBook page, it was suggested by posters who I believe are rail employees not to photograph freight RRers doing their jobs to avoid the risk that apparent mask violations become posted in public forums.
 

It also states the employee does not have to wear a mask if they are the sole occupant of an enclosed cab of an engine, vehicle or MOW equipment.

How did they come up with that strange dollar figure for the civil penalty?    It's like a random computer generated number. 



Edited 1 time(s). Last edit at 02/28/21 07:23 by Molino.

Molino Wrote:
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> How did they come up with that strange dollar
> figure for the civil penalty?    It's like a
> random computer generated number. 


Just never ending fear mongering to force compliance.

Posted from iPhone

Doug Wetherhold
Macungie, PA

Welcome to Communist Russia.

Why the order now? Has this been an issue with crews? It seems a little late for this order.

Posted from Android

grande_fan Wrote:
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> Why the order now? Has this been an issue with
> crews? It seems a little late for this order.

The previous administration thought this was a hoax & didn't put much weight in to what the doctors & scientists had to say.
In the E.O. it says the FRA inspoectors were concerned with their safety & there has been a patchwork of rules requiring masks among railroads.

Did the brotherhoods ask for this?

And will the companies use inward facing cameras to enforce?

Posted from Android

I work with a bunch of germy maskless people that don't or didn't take Covid serious.  In my home terminal crewroom you can throw a rock and hit someone who's had the virus.  Some young ones got it,  suffered, and learned.  There too many people in the crewrooms, the crew trucks are cramped spaces, and the locomotive cabs are small, germy,  and stagnant from the closed windows.  You get on a set of run through power,  and you don't know who has been up there.  Most of our officers didn't set a good example or take it serious either.  That's where a FRA Emergency Order comes in.  In my long career as an engineer and an officer, I have seen people try to  laugh off FRA EO's, and I've seen some of them pay a price for that.  From the beginning of this pandemic I have been masked, I have run with my window open, and now thankfully I'm fully vaccinated.  On the railroad you better be responsible for your own safety.  History has shown the Railroads have to be told to be safe.

I assume you're against the nudity laws too?  Or all laws in general that you don't like?   

irhoghead Wrote:
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> Welcome to Communist Russia.

towazy Wrote:
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> I assume you're against the nudity laws too?  Or
> all laws in general that you don't like?   
>
> irhoghead Wrote:
> --------------------------------------------------
> -----
> > Welcome to Communist Russia.

I guess it depends on what state you’re in. Here in Pa, they’re mandates not laws, no matter what kind of spin our wonderful Governor and his media lackeys try to put on it.

Posted from iPhone

Doug Wetherhold
Macungie, PA



Edited 1 time(s). Last edit at 02/28/21 11:37 by ALCO630.

Notch7 Wrote:
-------------------------------------------------------
> I work with a bunch of germy maskless people that
> don't or didn't take Covid serious.  In my home
> terminal crewroom you can throw a rock and hit
> someone who's had the virus.  Some young ones got
> it,  suffered, and learned.  There too many
> people in the crewrooms, the crew trucks are
> cramped spaces, and the locomotive cabs are small,
> germy,  and stagnant from the closed windows. 
> You get on a set of run through power,  and you
> don't know who has been up there.  Most of our
> officers didn't set a good example or take it
> serious either.  That's where a FRA Emergency
> Order comes in.  In my long career as an engineer
> and an officer, I have seen people try to  laugh
> off FRA EO's, and I've seen some of them pay a
> price for that.  From the beginning of this
> pandemic I have been masked, I have run with my
> window open, and now thankfully I'm fully
> vaccinated.  On the railroad you better be
> responsible for your own safety.  History has
> shown the Railroads have to be told to be safe.

And you are living and healthy to tell about it.  More than a few of the anti maskers aren't around any more to spew their nonsense, or their health is permanently damaged.

grande_fan Wrote:
-------------------------------------------------------
> Why the order now? Has this been an issue with
> crews? It seems a little late for this order.

Because people were no longer believing in the fearmongering. They will now beat them into compliance and submission.

nsrlink Wrote:
-------------------------------------------------------
> grande_fan Wrote:
> --------------------------------------------------
> -----
> > Why the order now? Has this been an issue with
> > crews? It seems a little late for this order.
>
> The previous administration thought this was a
> hoax & didn't put much weight in to what the
> doctors & scientists had to say.

Is that why they funded the creation of the vaccines to the hoax?

> In the E.O. it says the FRA inspoectors were
> concerned with their safety & there has been a
> patchwork of rules requiring masks among
> railroads.

FRA inspectors are outside and concerned with people breathing?

irhoghead Wrote:
-------------------------------------------------------
> Welcome to Communist Russia.

You would be FAR safer there, but likely unwelcome.  The US covid fatality rate is the 9th highest in the world.
Russia is 57th on the list.  South Dakota has the 3rd highest covid death rate on earth.  Thank their governor.

I've got nothing good to say about it.

Eng.Shadetree

The irony of one government agency (FRA) fining another government agency (Amtrak) for violating this dictum intrigues me.  Will Amtrak now ask for increased Federal subsidy to pay the fines?

Norm

Norman Orfall
Helendale, CA
TIOGA PASS, a private railcar

Yep and our income taxes will also take part in the payment..

You gotta wonder if the feds will be as slow to take the rule down as they were to put it up.

Molino Wrote:
-------------------------------------------------------
> How did they come up with that strange dollar
> figure for the civil penalty?    It's like a
> random computer generated number. 

It’s the $100,000 maximum from the original statute, times a multiplier derived from The Federal Civil Penalties Inflation Adjustment Act of 1990. I kid you not!

TL

Posted from iPhone

4451Puff Wrote:
-------------------------------------------------------
> Seventyfive Wrote:
> --------------------------------------------------
> ----           
> > The US covid fatality rate is the 9th
> > highest in the world.
> > Russia is 57th on the list.  
>
> I'm not taking one side or another in their
> discussion, but I would have a hard time believing
> any numbers released by Russia or a couple other
> countries.
>
> Desmond Praetzel, "4451 Puff"

Russia, (People's Republic of) China, DPRK, Iran, etc. on various autocratic countries not known for being forthright about anything negative that runs contrary to the official message.

Anyone who thinks this E.O. or FRA order is "communist" hasn't spent any real time in one.