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Rail unions sue over 'punitive' NJ substance abuse law
TWO railroad unions have filed a lawsuit seeking to overturn what they call a "punitive" New Jersey law prohibiting New Jersey Transit locomotive engineers from operating trains if their personal motor vehicle driver's license is suspended.
The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) said in a joint statement the state law is pre-empted by Federal law, specifically, the Rail Safety Improvement Act of 2008, as well as by existing Federal Railroad Administration (FRA) certification requirements for locomotive engineers.
The legislation in question, which contains a provision that says "A person whose driver's license is suspended or revoked for a violation shall not operate, during the period of suspension or revocation, a locomotive or train provided by the New Jersey Transit Corporation.
According to the unions, federal law requires regular safety checks of locomotive engineers' personal driving records, and mandates counselling and/or treatment for locomotive engineers diagnosed with an active substance abuse disorder, but does not bar them from working. If the worker fails to comply with those laws, his/her certification is suspended, American Shipper reported.
"Current federal law and existing federal rail safety regulations already thoroughly address the treatment of railroad workers who have their personal motor vehicle licenses revoked for operating under the influence of alcohol or other banned substances," BLET National president Dennis R Pierce said of the lawsuit. "The New Jersey state law is incompatible with the federal law and is a solution in search of a problem. It does nothing to make the railroad safer."
The Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART-TD) said in a joint statement the state law is pre-empted by Federal law, specifically, the Rail Safety Improvement Act of 2008, as well as by existing Federal Railroad Administration (FRA) certification requirements for locomotive engineers.
The legislation in question, which contains a provision that says "A person whose driver's license is suspended or revoked for a violation shall not operate, during the period of suspension or revocation, a locomotive or train provided by the New Jersey Transit Corporation.
According to the unions, federal law requires regular safety checks of locomotive engineers' personal driving records, and mandates counselling and/or treatment for locomotive engineers diagnosed with an active substance abuse disorder, but does not bar them from working. If the worker fails to comply with those laws, his/her certification is suspended, American Shipper reported.
"Current federal law and existing federal rail safety regulations already thoroughly address the treatment of railroad workers who have their personal motor vehicle licenses revoked for operating under the influence of alcohol or other banned substances," BLET National president Dennis R Pierce said of the lawsuit. "The New Jersey state law is incompatible with the federal law and is a solution in search of a problem. It does nothing to make the railroad safer."
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