Federal Railroad Safety Authorization Act of 1998

TABLE OF CONTENTS:

Title I: Hours of Service

Title II: Monitoring of Railroad Radio Communications

Title III: Rulemaking Authority

Title IV: Protection of Employees and Witnesses

Title V: Miscellaneous Provisions

Federal Railroad Safety Authorization Act of 1998 - Title I: Hours of Service - Amends Federal transportation law to subject managers, supervisors, officers, agents, or other employees of a railroad carrier or any employees of an independent contractor to such carrier to certain hours of duty limitation requirements for train employees.

(Sec. 102) Revises hours of duty limitations for dually employed train employees where the railroad carrier has actual knowledge that the employee is dually employed and actual knowledge of the individual's schedule for the relevant time period. Defines "dually employed" as being at the same time in the employ of two or more railroad carriers, of two or more independent contractors to a railroad carrier, or of both a railroad carrier and one or more independent contractors to a railroad carrier.

Prohibits dually employed train employees, if the railroad carrier has actual knowledge of their status, from remaining or going on duty: (1) unless they have had at least eight consecutive hours off duty during the prior 24 hours; or (2) until they have had at least ten consecutive hours off duty following 12 consecutive hours on duty. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers.

(Sec. 103) Applies the same eight hours off duty requirement to a dually employed signal employee, with the additional alternative of going off duty after a total of 12 hours on duty during a 24-hour period, or after the end of that 24-hour period, whichever occurs first. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers.

(Sec. 104) Sets the hours of duty limit for a dually employed dispatching service employee at: (1) a total of nine hours during a 24-hour period in a tower, office, station, or place at which at least two shifts are employed; or (2) a total of 12 hours during a 24-hour period in a tower, office, station, or place at which one shift is employed. Includes time spent performing a service for a railroad carrier or independent contractor to a railroad carrier for purposes of determining time on duty. Prescribes mutual notification requirements for employees and employers.

(Sec. 106) Directs each Class I and Class II railroad carrier, each railroad carrier providing intercity rail passenger service, and each railroad carrier providing commuter passenger service to submit to the Secretary of Transportation a fatigue management plan designed to reduce the fatigue experienced by railroad employees and the likelihood of accidents and injuries caused by fatigue. Provides for the waiver of any hours of duty limitation requirements that would enhance the ability of the management plan in reducing fatigue and enhancing safety.

(Sec. 107) Authorizes the Secretary to encourage railroad carriers to use electronic means with respect to railroad safety recordkeeping requirements.

Title II: Monitoring of Railroad Radio Communications - Authorizes officers, employees, or agents of the Secretary to monitor railroad radio communications for the purpose of conducting any rulemaking, accident investigations, and acquiring general information as to railroad operations as it relates to railroad safety. Prohibits the use of information obtained from such monitoring as evidence for the assessment or collection of civil penalties or for implementation of other enforcement activities; except that it may be used as background for further investigation which might lead to the discovery of other useful evidence.

Title III: Rulemaking Authority - Revises railroad accident and incident reporting requirements to change to not less often than quarterly (currently, not later than 30 days after the end of each month) the frequency of railroad carrier reports to the Secretary on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier's operations during that period.

(Sec. 302) Directs the Secretary to prescribe regulations addressing noise emissions from high-speed rail systems, including magnetic levitation systems, when operating at speeds greater than 150 miles per hour. (Such regulations shall be in lieu of railroad-related noise regulations issued pursuant to the Noise Control Act of 1972 only for locomotives, cars, and consists of locomotive and cars when operating at speeds greater than 150 miles per hour.)

Title IV: Protection of Employees and Witnesses - Revises railroad employee protection requirements to prohibit a railroad carrier from discharging or discriminating against an employee who has: (1) notified, or attempted to notify, the railroad carrier of a work-related personal injury or work-related illness of an employee; or (2) cooperated with a safety investigation by the Secretary or the National Transportation Safety Board.

(Sec. 401) Prohibits a railroad carrier, under specified circumstances, from discharging or discriminating against an employee responsible for the inspection or repair of safety-related equipment, track, or structures for refusing to authorize the use of such equipment, track, or structures when the employee believes they are in a hazardous condition and that their use would endanger human life.

Revises the time period in which the National Railroad Adjustment Board must resolve a discrimination charge that involves a discharge, suspension, or another action affecting pay. Reduces such time period from 180 days to 60 days after such claim is filed (but continues to allow a period of 180 days after a claim is filed if the discrimination does not involve discharge, suspension, or another action affecting pay). Requires employees found by the Board to have been discharged, suspended, or otherwise discriminated against to be made whole, including reinstatement, with an award of back pay, and with all benefits and accumulated seniority. Authorizes punitive damages sufficient to deter the railroad carrier from such conduct in the future. (Current law provides for the award of reasonable damages, including punitive damages, of not more than $20,000).

(Sec. 402) Makes it unlawful for any person to knowingly: (1) interfere with, obstruct, or hamper an investigation by the Secretary that involves an accident or incident that has caused serious personal injury to an individual or to railroad property; or (2) use intimidation or physical force against, or intentionally harass, a person with the intent to influence, hinder, or prevent such person from attending or testifying at a proceeding, or reporting to a Federal or State railroad safety inspector, with respect to an investigation. Sets forth penalties.

Title V: Miscellaneous Provisions - Expands the Secretary's emergency authority to order restrictions or prohibitions to include instances of unsafe conditions involving significant harm to the environment.

(Sec. 502) Directs the Federal Transit Administrator to consult with the Federal Railroad Administrator concerning relevant safety issues when making a grant or loan to a commuter railroad to help eliminate or correct an unsafe condition that may cause a serious hazard of death or injury.

(Sec. 503) Provides for adjustment of civil penalties for inflation with respect to railroad safety violations committed under Federal railroad safety law.

(Sec. 504) Directs the Secretary to promote (currently, directs the Secretary to conduct a pilot program for) the establishment of emergency notification systems utilizing toll-free telephone numbers that the public can use to convey to railroad carriers, either directly or through public safety personnel, information about malfunctions of automated warning devices or other safety problems at highway-rail grade crossings. Authorizes the Secretary, in order to encourage widespread use of such systems, to provide technical assistance and enter into cooperative agreements, with emphasis on the public safety needs associated with operation of small railroads.

(Sec. 505) Authorizes appropriations.