New Standard Mileage Rate Increase Announced Effective July 1, 2008
2008-06-30
The Internal Revenue Service (IRS) has made an adjustment to the standard mileage rate. Effective July 1, 2008, reimbursement for business miles driven will be 58.5 cents, up from 50.5 cents.
As information, the Personal Vehicle Use guideline from the BNSF Travel and Entertainment Expense Policy is provided below to help you prepare your expense report accurately.
5.4 Personal Vehicle Use 5.4.A. Employees may use their personal vehicle for business purposes when approved by their immediate supervisor. Reimbursement is at the IRS standard mileage rate, which covers insurance, gasoline and all other costs of operation. Therefore, the employee's personal insurance is primary and the employee is responsible for any deductible that may apply. The vice president and controller will issue updated mileage rates as changes to the IRS standard mileage rate occur.
5.4.B. Incremental mileage in excess of mileage between an employee’s residence and normal work location is reimbursable.
5.4.C. Mileage between an employee’s home and normal work location is not reimbursable.
5.4.D. Where a personal vehicle is elected in lieu of air travel, reimbursement is limited to the lesser of the lowest available airfare from the Company-sponsored travel agency or the relevant mileage reimbursement. Also refer to section 5.2.A.
If you have any questions regarding this change, please call the Travel eX Hotline at 817-593-7798, option 3, or e-mail.
JUNE 26, 2008
Dear Colleagues:
This letter relates to the Federal Railroad Administration (FRA) Roadway Worker Protection (RWP) audit.
Since 2005, 17 roadway workers have lost their lives while performing maintenance-ofway-related activities. Currently, the frequency of roadway worker fatalities is at its highest level since the RWP regulation was issued. In the first 5 months of 2008 alone, five roadway workers have been killed, providing a grave reminder that all members of the industry must be mindful of becoming too complacent, and should place additional focus on safety awareness.
Because of the increase in roadway worker fatalities, it is reasonable to assume that unsafe acts and rule violations have also increased. In other words, an accident does not occur every time a roadway worker fouls an unprotected track or does something unsafe. However, as the number of unsafe acts and shortcuts rises, the probability for an incident occurring significantly increases. Committing to safe workplace practices and rule compliance is the cornerstone of accident prevention.
In the upcoming months, to get a better sense of roadway worker compliance, FRA is increasing inspector presence and will conduct inspections solely focusing on RWP. FRA and State track and signal inspectors nationwide are dedicating work days to visit with roadway workers and perform compliance audits. During these audits, FRA inspectors will take exception to areas of noncompliance and issue violations where conditions warrant.
The FRA will also discuss peer-to-peer drug and alcohol prevention programs with roadway workers during the RWP audits. In some instances, FRA post-accident analyses have noted the presence of drugs and alcohol. FRA encourages the industry to develop or continue to use drug and alcohol prevention programs to help ensure a safe workplace.
The FRA is committed to taking necessary action to reduce the risk associated with roadway worker fatalities.
In our industry, roadway worker fatalities are becoming far too common. FRA encourages every roadway worker to stay focused and maintain a high level of situational awareness at all times. Doing so may very well save a life.
Sincerely,
Joseph H. Boardman
Administrator
Union Pacific Railroad Blocks
Track Inspectors From Safety Training
UP Track Inspectors Denied Permission to Attend FRA Track Safety Class
(Kansas City, MO) – Union Pacific Railroad (UP) has denied permission for several of its track inspectors in the Kansas City area to attend a union-sponsored track safety class conducted by the Federal Railroad Administration, denying rail workers vital safety training that could help lower the chance of track-related train accidents.
An official from Union Pacific Railroad contacted the safety director for the Brotherhood of Maintenance of Way Employes Division (BMWED) last week and took exception to the union-sponsored safety training. The union explained that the program was intended to enhance the skills and knowledge of BMWED-represented track inspectors on railroads operating in the Midwest. UP management requested permission to attend the program with the inspectors, but the manager did not return the union’s phone call to discuss management’s request.
On the day of the program, BMWED learned that UP managers Joe Guatney and Sylvester E Mutz Jr. would not allow the track inspectors to attend even though UP was not asked to pay the inspectors’ salary or expenses. The BMWED made arrangements to pay the salary and expenses of all BMWED track inspectors in attendance.
“I find it outrageous that the Union Pacific would deny these track inspectors an opportunity to attend this FRA-conducted safety program,” said Rick Inclima, BMWED Director of Safety. “Evidently, UP does not want its track inspectors to have unfettered access to FRA safety inspectors. For a railroad that claims to place a high priority on safety, its actions belie its safety rhetoric.”
Between 2004 and 2007, UP had 3,514 reportable train accidents, including 1,214 train accidents attributed to track-related defects. During this same period, 21 UP employees were killed on duty, including five fatalities suffered by members represented by BMWED.
“Given these safety statistics, BMWED is appalled by the UP’s action to block track inspectors from attending this program,” Inclima said. “The public and our nation’s lawmakers should also be appalled.”
(MORE)
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BMWED members build and maintain rail track, ties, bridges and rail terminal buildings across the United States. The BMWED also represents 50,000 employees of freight and commuter railroads across North America.
The BMWED is a division of the Teamsters Rail Conference. The International Brotherhood of Teamsters was founded in 1903 and represents 1.4 million hard working men and women in the United States, Canada and Puerto Rico.
Protection - Maintenance of Way
Protection Types
Feb. 7, 1965 Agreement
Feb. 7 protection for BMWE represented employees begins after ten years of employment in a single craft. Employees are protected at the rate of the position the employee is "regularly assigned" to on the date he/she becomes protected.
Single-Rate, or "Fully Protected:” Employees protected prior to 2006 who did not show a seasonal pattern in 1995, 1996 and 1997 and employees who have become Feb. 7 protected in 2006 or later. An employee’s protection may be permanently altered or suspended if the employee fails to meet certain responsibilities. For example, an employee who voluntarily bids to a lower rated position would have their protected rate permanently reduced. For fully-protected employees, claims must be filed on a monthly basis.
Seasonal: Prior to 2006, a number of BMWE employees earned additional protection as “seasonal” employees. As with other Feb. 7 protected employees, seasonal employees were protected at the rate of the position the employee was "regularly assigned" to on the date they became protected. In addition, however, a seasonal employee is entitled to protection equal to the number of days worked during 1997. To qualify for seasonal, employees must have been compensated for service in years 1995, 1996 and 1997 and have had a pattern of seasonal layoffs in at least two of those three years. Protection payments for seasonal employees are made on an annual basis.
New York Dock
NYD is triggered by a qualifying transaction
The protection rate is based on 12 month test period
Protection expires after six years
Employees protected under New York Dock conditions may revert to Feb. 7 after their New York Dock expires (assuming an employee qualifies for Feb. 7 protection). Employees cannot collect both NYD and Feb. 7 at the same time.
U.S. Department of Labor
Federal Rail Safety Act (FRSA), 49 U.S.C. Section 20109, as amended by Section 1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. L. No. 110-53
(To be codified at 49 U.S. C. 20109)
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS. Section 20109 of title 49, United States Code, is amended to read:
SEC. 20109. EMPLOYEE PROTECTIONS (a) IN GENERAL. - A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad carrier, or an officer or employee of such a railroad carrier, may not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good faith act done, or perceived by the employer to have been done or about to be done -
(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by -
(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.; Public Law 95–452);
(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or
(7) to accurately report hours on duty pursuant to chapter 211.
(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS. - (1) A railroad carrier engaged in interstate or foreign commerce, or an officer or employee of such a railroad carrier, shall not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee for -
(A) reporting, in good faith, a hazardous safety or security condition;
(B) refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee’s duties, if the conditions described in paragraph (2) exist; or
(C) refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) exist.
(2) A refusal is protected under paragraph (1)(B) and (C) if -
(A) the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then confronting the employee would conclude that -
(i) the hazardous condition presents an imminent danger of death or serious injury; and
(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal; and
(C) the employee, where possible, has notified the railroad carrier of the existence of the hazardous condition and the intention not to perform further work, or not to authorize the use of the hazardous equipment, track, or structures, unless the condition is corrected immediately or the equipment, track, or structures are repaired properly or replaced.
(3) In this subsection, only paragraph (1)(A) shall apply to security personnel employed by a railroad carrier to protect individuals and property transported by railroad.
(c) ENFORCEMENT ACTION. -
(1) IN GENERAL. - An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a) or (b) of this section, may seek relief in accordance with the provisions of this section, with any petition or other request for relief under this section to be initiated by filing a complaint with the Secretary of Labor.
(2) PROCEDURE. -
(A) IN GENERAL. - Any action under paragraph (1) shall be governed under the rules and procedures set forth in section 42121(b), including:
(i) BURDENS OF PROOF. - Any action brought under (c)(1) shall be governed by the legal burdens of proof set forth in section 42121(b).
(ii) STATUTE OF LIMITATIONS.—An action under paragraph (1) shall be commenced not later than 180 days after the date on which the alleged violation of subsection (a) or (b) of this section occurs.
(iii) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply with an order issued by the Secretary of Labor pursuant to the procedures in section 42121(b), the Secretary of Labor may bring a civil action to enforce the order in the district court of the United States for the judicial district in which the violation occurred, as set forth in 42121.
(B) EXCEPTION. - Notification made under section 42121(b)(1) shall be made to the person named in the complaint and the person’s employer.
(3) DE NOVO REVIEW. - With respect to a complaint under paragraph (1), if the Secretary of Labor has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to such action, be tried by the court with a jury.
(4) APPEALS. - Any person adversely affected or aggrieved by an order issued pursuant to the procedures in section 42121(b), may obtain review of the order in the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary of Labor. The review shall conform to chapter 7 of title 5. The commencement of proceedings under this paragraph shall not, unless ordered by the court, operate as a stay of the order.
(d) REMEDIES. -
(1) IN GENERAL. - An employee prevailing in any action under subsection (c) shall be entitled to all relief necessary to make the employee whole.
(2) DAMAGES. - Relief in an action under subsection (c) (including an action described in subsection (c)(3)) shall include -
(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(3) POSSIBLE RELIEF. - Relief in any action under subsection (c) may include punitive damages in an amount not to exceed $250,000.
(e) ELECTION OF REMEDIES. - An employee may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the railroad carrier.
(f) NO PREEMPTION. - Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law.
(g) RIGHTS RETAINED BY EMPLOYEE. - Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.
(h) DISCLOSURE OF IDENTITY. -
(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable advance notice to the affected employee if disclosure of that person’s identity or identifying information is to occur.
(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPARTMENT OF HOMELAND SECURITY. -
(1) ESTABLISHMENT OF PROCESS - The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding railroad security problems, deficiencies, or vulnerabilities.
(2) ACKNOWLEDGMENT OF RECEIPT. - If a report submitted under paragraph (1) identifies the person making the report, the Secretary of Homeland Security shall respond promptly to such person and acknowledge receipt of the report.
(3) STEPS TO ADDRESS PROBLEM. - The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified.
Rail Employees Testify to Congress About Accident Reporting Abuses
Reporting Of Accidents Discouraged By Rail Corporations
(Washington, D.C.) – Rail union employees from Union Pacific, CSX and Norfolk Southern railroads testified yesterday before a House committee about how their supervisors discouraged them from reporting serious accidents or even delayed treatment for their injuries.
The House Transportation and Infrastructure Committee hearing focused on harassment and intimidation of rail workers. Some railroads coerce employees to not report on-the-job accidents and injuries. Thus, the Federal Railroad Administration (FRA) may never be notified about a large number of injuries and accidents. As a result, FRA safety statistics may not accurately reflect the number of accidents and injuries in the industry.
“I was struck in the head by a piece of steel on a rail car brought into Kansas City,” said Greg Haskins, a former Union Pacific employee. “When I came to, I was lying face down in my own blood. No call to 911 was ever made. No one volunteered to rush me to an emergency room.”
Haskins did not receive medical attention for more than two hours. He finally was sent home to take aspirin, his head bandaged. The following day, through intervention of his family, he was seen by a neurological surgeon in Kansas City and diagnosed with Post Concussive Syndrome. Haskins now suffers from depression and other serious medical issues and no longer works on the rails, something that was once his lifelong ambition.
Former Norfolk Southern employee Timothy Knisely testified that when he attempted to disconnect an air hose from a set of rail cars, the hose broke loose, continually striking him in the head, chest, arms and legs with 80 pounds of pressure.
“The trainmaster tried to persuade me to not report the injury,” Knisely said. “But I resisted his pressure and reported it. The next day I was charged with making a false report. After 27 years of dedicated and loyal service to the railroad, I was subsequently charged with lying about being struck in the head and eventually fired.”
David Cook, a former CSX locomotive engineer and a member of Brotherhood of Locomotive Engineers and Trainmen (BLET) Division 769 in Sanford, Florida, also testified about his experiences after being injured on the railroad. In closing his statement, he implored the Committee to ensure that railroad workers are treated better.
“U.S. workers deserve to be treated with dignity and respect in their workplace and this has not been happening,” said David Cook. “U.S. Railroad companies are guilty as charged based on the clear facts. While the US Railroads should continue to educate employees to improve safety, intimidating employees through threats and false FRA test failures is an unacceptable means of creating misleading and faulty safety records.”
“Haskins, Knisley and Cook’s experiences are just three examples of mistreatment that rail employees are forced to endure,” said John Tolman, Vice President and National Legislative Representative of the BLET during testimony at the hearing. “We are here today to bring experiences like these to light.”
Tolman also thanked lawmakers for passage last week of H.R. 2095, the Federal Railroad Safety Improvement Act of 2007. Included in the bill is a provision that guarantees the right to prompt medical attention and makes it unlawful for a railroad to interfere in the relationship between an injured railroad worker and his or her doctor.
The Teamsters Rail Conference represents more than 70,000 locomotive engineers, trainmen and maintenance of way workers who are members of the BLET and the Brotherhood of Maintenance of Way Employes Division (BMWED). The Teamsters Union was founded in 1903 and represents more than 1.4 million hard working men and women in the United States, Canada and Puerto Rico.
(Washington, D.C.) - Today, representatives in the U.S. House passed the Railroad Safety Improvement Act, eliminating camp cars and decreasing limbo time, both important issues for Teamsters rail conference members.
“Our rail members, the engineers, trainmen and maintenance of way workers who ensure that this nation’s rail system runs safely, won a major victory with the passage of H.R. 2095 today,” said Jim Hoffa, Teamsters General President.
“We’ve been fighting Norfolk Southern for years about eliminating their disgusting camp cars and finally Congress is backing us up,” said Fred Simpson, President of the Brotherhood of Maintenance of Way Employes division of the Teamsters Rail Conference. “Norfolk Southern was the last railroad to keep these substandard accommodations and we will be glad to see them go. Our members should never have had to endure the cramped and unsanitary conditions in those cars.”
Camp cars are mobile dormitories that are used to house maintenance of way crew members while on assignment repairing tracks. Usually the cars house eight men each and most are not equipped with indoor toilets or potable water. Men assigned to these cars must walk outside, even in the dead of winter, to use porta-johns and drink bottled water because the water in the cars is unfit to drink.
Another part of the far-reaching act sets new limits for limbo time for locomotive engineers and trainmen. Currently, engineers and trainmen can work up to 20 hours per shift before they take eight hours of rest. Since their full work day can last up to 12 hours, they might spend 8 hours or more in limbo time where they can’t sleep, must remain vigilant and are not paid for that time.
“This is a step in the right direction to impede the rail carriers’ abuse of our much needed rest time,” said Don Hahs, President of the Brotherhood of Locomotive Engineers and Trainmen. “The passage of H.R. 2095 means that engineers and trainmen may eventually be paid for all of the time they spend on the job. They will also have the chance to obtain adequate rest between assignments, reducing fatigue.”
Among other provisions in H.R. 2095 are:
Restructuring of the Federal Railroad Administration (FRA), placing greater emphasis on its safety role and increasing substantially the number of qualified inspectors;
Creation of fatigue management programs, a guarantee of 10 hours of undisturbed rest, and a guarantee of one 24-hour off-duty period every seven days;
Strengthened whistleblower protections; a worker may refuse to authorize the use of equipment the employee reasonably believes to be unsafe or hazardous to operate or work with;
Implementation of positive train control, a technology serving as a backup device to improve the safety of locomotive engines for all rail workers;
Vast improvement in safety for operations in un-signaled track, or dark territory;
Certification of train conductors;
A study of locomotive cab conditions;
A requirement for emergency breathing apparatus in all locomotive cabs; and
New regulations that would put an end to the harassment and intimidation of rail workers who report personal injuries.
The Teamsters Union was founded in 1903 and represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. The Teamsters Rail Conference comprises the members of the Brotherhood of Locomotive Engineers and Trainmen and the members of the Brotherhood of Maintenance of Way Employes Division.
The material contained in this website may represent suggestions or opinions and is not necessarily the implied, unofficial, or official position of the Teamsters, the BMWED, the AT&SF System Federation, Local 2405 Officers or Members, or any other individual, entity, or organization represented here.
