Federal Transit Administration Issues Directives to MBTA / Massachusetts Department of Public Utilities to Correct Safety Issues

https://www.transit.dot.gov/about/news/federal-transit-administration-issues-directives-massachusetts-bay-transportation

https://www.transit.dot.gov/regulations-and-programs/safety/special-directives-massachusetts-bay-transportation-authority-and

Wednesday, June 15, 2022

WASHINGTON – To improve safety for the Greater Boston Area's rail transit system, the U.S. Department of Transportation's Federal Transit Administration (FTA) today issued a series of special directives to the Massachusetts Bay Transportation Authority (MBTA) and the Massachusetts Department of Public Utilities (DPU), the state agency responsible for safety oversight of the MBTA's rail transit operations.

A special directive is an order from the Federal government that requires an FTA-regulated transit agency or oversight organization to take immediate action on safety issues within a specific period. The special directives being issued today—four of which are being issued to the MBTA and one to the DPU—are a result of the FTA's safety management inspection of the MBTA that began April 14, 2022, following several incidents that resulted in one fatality and several injuries to passengers and employees on MBTA’s transit rail systems. These special directives require the MBTA, the MBTA Board of Directors, and the DPU to work together to remedy safety concerns and improve the MBTA's safety culture.

"Safety is our number one priority and must be the primary focus for the MBTA and the DPU," said FTA Administrator Nuria Fernandez. "Every transit passenger deserves a safe ride. Every transit worker deserves a safe workplace. The MBTA must immediately take action to improve its safety procedures for its passengers and workers."

FTA underscores that transit riders in the Boston area should not interpret the special directives issued today as a reason to avoid the MBTA subway or light rail. Rather, FTA's actions provide system-wide measures to fix longstanding issues with the agency's overall safety program and culture.

The four special directives issued to the MBTA concern:

• Operating Control Center staffing;
• General safety operating procedures;
• Delayed critical maintenance; and
• Lapses in staff safety certifications.

Each directive includes specific timeframes – ranging from 24 hours to 35 days -- for the MBTA to provide responses and take actions.  

The directive to the DPU affirms the need for the agency to enforce the special directives to the MBTA and address outstanding safety issues from FTA's most recent audit of the DPU. The audit, conducted in October 2019, resulted in sixteen findings, of which seven remain open. Those findings concern:

• hazard management;
• accident investigations;
• corrective action plans;
• and rules compliance.

FTA will provide technical assistance both to the DPU to enhance its enforcement role, and to the MBTA to help address the agency's safety issues. 

FTA's actions direct the two agencies to adopt system-wide measures to fix longstanding issues with the MBTA’s overall safety program and safety culture, including involvement of the members of the MBTA’s Board of Directors, who are the ultimate decision-makers for the agency, along with leadership of the DPU.  

FTA issued the directives as part of its oversight role and to continue to ensure transit remains the safest mode of surface transportation. FTA's Public Transportation Safety Program regulation lays out the agency's authority and process for overseeing and supporting transit safety, including issuing special directives.

MBTA Safety Review Panel Final Report

Want to read more about the December 9, 2019 MBTA Safety Review Panel Final Report?  Try these links:

https://d279m997dpfwgl.cloudfront.net/wp/2019/12/12-09_MBTA_Safety_Executive_Summary.pdf

https://www.bostonglobe.com/metro/2019/12/09/read-panel-summary-mbta-operations-and-safety/7cJoGcT8qEibnkZyDSkQGP/story.html

https://blog.mass.gov/transportation/mbta/mbta-safety-review-panel-recommendations-to-fmcb-to-improve-safety-for-t-riders-employees/

Damning MBTA Safety Report Released

(SOURCE:  Boston Globe - J. Ellement)

The MBTA’s safety system was examined by three outside experts and their findings were damning at best. What follows is five of the major conclusions outlined in the executive summary based on interviews with T employees at every level of the workforce.

- The T has failed to include safety concerns in its daily operations, routine maintenance schedules or long-term investment and construction plans, according to the report.

“In essence, safety is not the priority at the T, but it must be. To meet the demands of the future, the agency must address its safety culture – it is critical to every aspect of the agency.’’

- Turnover at the top job, the T’s general manager, has eroded the importance of safety issues at the very highest levels of the region’s primary public transit system, the panel found. There have been nine general managers since 2010.

 “Leadership sets the tone for safety ... the recurrent turnover in general managers (GMs) over the past 10 years has been incredibly disruptive and has placed the agency in a vulnerable position. This may be the overarching reason that we see the level of safety deficiency at the agency.”

- T employees don’t talk to one another, and this is especially troubling because safety concerns raised inside the agency rarely reach the right person or office that can then take the needed corrective action, the report found.

“There is a total lack of routine upward or downward communication within the agency. Employees at all levels told the Panel that the T has many siloes and that communication is rarely, if ever, done across departments. Leadership has not identified or attempted to open channels of communication with the workforce.... The only avenue for communication we identified during this review is a ‘safety hotline’ which does not appear to have received the confidence of the workforce in the field.”

- The T does have a stand-alone safety department but it is an organizational orphan with little ability to play a forceful role in workplace safety and other safety concerns facing the agency.

“The safety department, which should be providing day-to-day leadership for safety initiatives, is somewhat debilitated in what they can accomplish, and lacks the ability to guide the agency at large,” the report said. “For example, the staff is absent in the field to support the workforce and champion a safe work environment. On the other hand, the safety department is grossly understaffed, lacks subject matter experts (SMEs) and is currently not in any position to manage the needs of the agency.”

- The experts concluded that the MBTA’s commuter rail system, which is operated by Keolis Commuter Services, has a far better safety environment than the T’s transit system. The experts noted that Keolis operates under the Federal Railroad Administration rules and regulations.

“It is noteworthy to mention that the commuter rail service is performing well and does not face many of the challenges that were identified on the transit side of the house. The Panel attributes this higher level of performance to the structure provided by FRA regulations, which are clearly defined and have fiscal consequences if not complied with.”

John R. Ellement can be reached at ellement@globe.com. Follow him on Twitter @JREbosglobe.

Investigation Into Tampering Underway After Red Line MBTA Train Departs Without Operator

(SOURCE:  NECN.COM)

Authorities are investigating whether someone tampered with safety equipment on a Red Line train in Massachusetts, causing the Boston-bound train to depart Thursday morning without an operator and with passengers on board.

Gov. Charlie Baker said in a press conference Thursday some of the train's safety controls appear to have been manipulated.

"It's pretty clear the main control that drives the train was tampered with," Baker said. "I think the big issue on this is whether it was a negligence issue or something else."

The MBTA released a statement saying the incident happened shortly after 6 a.m., when the train departed Braintree Station. The train made no stops and continued past North Quincy Station, when workers were able to cut power to the third rail, bringing the train to a stop.

Baker said in the press conference the third rail was cut off a couple minutes after the train left, but the momentum of the train caused it to coast through several stations before it ground to a halt.

The stations highlighted in yellow were affected during the Red Line incident Thursday morning.

Passengers were asked to get off the train, which was then taken out of service and examined. Massachusetts Department of Transportation officials said the train operator suffered non-life threatening injuries. It's unclear how the person was hurt, but Baker said the operator got out of the train to check on the signal.

"Passenger safety is the highest priority for the MBTA and this highly troubling incident is under investigation by Transit Police detectives," MBTA General Manager Frank DePaola said in a statement Thursday.

Meanwhile, FBI officials in Boston said they're aware of the incident and are letting MBTA Transit Police investigate "at this moment." Baker said MassDOT and public saftety officials are also investigating.

In a statement, Baker said he's "grateful no passengers were injured in this troubling incident and will be monitoring the investigation closely."

He said the incident appears to be isolated.

According to the MBTA, the Red Line accommodates more than 250,000 riders every day during the week.

Maine Rail Review Prompted by Quebec Train Explosion Finds Safety ‘Adequate’

(SOURCE - BDN Maine - By Nick Sambides Jr)

AUGUSTA, Maine – A state rail safety review Gov. Paul LePage ordered in response to a Canadian rail disaster that killed 47 people in July found no significant safety flaws in Maine’s 1,150-mile rail system, officials said Wednesday.

“It appears that existing rail safety practices are adequate, and that a tragedy like Lac-Megantic should not occur in Maine if the private railroad operators follow their own safety practices and those of the [Federal Railroad Administration],” the 16-page report states.

LePage ordered the report after a parked and unmanned Montreal, Maine and Atlantic Railway train hauling crude oil from the Midwest lost its brakes and derailed on a sharp curve in Lac-Megantic, Quebec on July 6. The train’s detonation destroyed the center of the town and spurred safety reviews on both sides of the border.

The Maine Department of Transportation’s report is the first to be released. LePage said he was pleased with its findings.

“When that horrible event in Lac-Megantic happened, we increased the focus on the safety of the rail system in Maine,” LePage said in a statement. “But I continue to be optimistic about the steady growth of this industry, which provides good jobs and contributes to the state’s economy.”

MaineDOT, which will closely monitors the investigation into the cause of the Lac-Megantic tragedy being conducted by Transport Canada, will continue to work closely with the Federal Railroad Administration to ensure that there are timely safety inspections of Maine’s rail infrastructure throughout the state, officials said. The FRA is also conducting a review and assisting with the Canadian investigation. 

Federal law governs rail activity. The FRA oversees enforcement of railroad safety regulations regarding tracks, grade crossings, mechanical and rail equipment, operating practices and procedures, and the movement of hazardous materials, officials said. Maine transportation officials assist them with this.

Prior to the Lac-Megantic tragedy, there were 1,021 FRA observations performed in 2013 from January through June on railroads in Maine. Since Lac-Megantic and LePage’s order, FRA and state inspectors made 581 additional inspections of the state’s five privately owned freight rail carriers, including MMA.

Inspectors found defects, but none that warranted rail line shutdowns, officials said. Maine Department of Transportation spokesman Ted Talbot said the defects ranged from excess foliage blocking signage to cracks in rail lines.

He did not have a count of the number or type of defects. That information, he said, is FRA data that his agency is not allowed to release. All concerns and defects observed were sent to the railroads and FRA for correction and follow up, he said.

Ed Burkhardt, president of MMA parent company Rail World Inc., did not immediately return a telephone message Wednesday. MMA President Robert Grindrod was in court in Canada on Tuesday, a representative from his office said.