Home Contra Costa County BART Cited $210k, Responds to CAL/OSHA Worker Safety Citations

BART Cited $210k, Responds to CAL/OSHA Worker Safety Citations

by ECT

BART

BART was cited Thursday for three violations and was fined $210k relating to worker safety and the tragic accident which occurred on October 19, 2013, in which two track workers were killed.

 

Here is the Press Release

BART was provided notice today from the California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, that they have issued three citations to BART relating to worker safety and the tragic accident which occurred on October 19, 2013, in which two track workers were killed.

BART General Manager Grace Crunican issued the following statement:

“The BART family has spent the past six months mourning the loss of Christopher D. Sheppard and Laurence E. Daniels while making permanent changes to our safety procedures.  Passenger and employee safety is our top priority at BART.  BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million in additional resources to bolster BART’s safety performance.  Cal/OSHA has informed BART these changes correct the concerns which are at the heart of their citations, designating the issues as ‘abated,’ meaning that none are continuing violations or pose continuing safety hazards.

In addition, BART has embraced comprehensive rail safety regulations adopted by the California Public Utilities Commission (CPUC) impacting all rail transit agencies in California.  These requirements will add extra procedures and protections for trackside crews during both operating and non-operating hours.  Changes, which go into effect in May, include better communication between the Operation Control Center, train operators and work crews on the track; safety measures and reduced train speeds when workers are close by; and a mandatory watch person including during non-operating hours when maintenance vehicles are on the tracks working.

BART’s Fiscal Year 2014-15 Preliminary Budget reflects our commitment to safety changes with increased resources and employees needed to implement the new safety procedures.  The preliminary budget invests $5.3 million in additional positions in the Maintenance & Engineering, Transportation, and Safety Departments; additional equipment necessary to maintain track, traction power, and train control systems in proper working condition; enhanced monitoring; and a safety incentive program for frontline workers.

BART is also awaiting the final report and recommendations from the National Transportation Safety Board (NTSB) from its independent investigation of the tragic accident which occurred on October 19, 2013 in which two workers were killed.  BART will work with the CPUC on any changes recommended by the NTSB.

These safety enhancements may mean more delays for our riders and we ask for their patience and understanding.  Nothing is more important than safety.  A safer system for our employees will provide for a safer system for our riders and a better BART.”

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4 comments

Julio Apr 17, 2014 - 1:09 pm

The fine is not large enough.

pv Apr 17, 2014 - 5:29 pm

I agree the fine is not large enough and this article sucks. We need a new BART Board and definitely a new general manager and track side manager. Boooo BART service; meanwhile, these people keep giving themselves raises. MORE DELAYS IS NOT ACCEPTABLE,what backward thinking in today’s economy.

Righteous in the 'Wood Apr 20, 2014 - 4:39 pm

pv… what does that stand for? Partial Vacuum? I’d assume so, as that is what your brain seems to operate under. If the article sucks so much, why’d you read it? And what are these delays you fail to elaborate on in context to? If you think Burks article sucks, you must really have a dichotomy of narcissistic self-loathing going on in that vacuum tube between your ears, as a result of your own lack of cogent thought to written text clearly outlines. The vacuum you draw when you attempt to put pen to paper is nearly perfect at 30 inHg of mercury. In a word pv, it is you that sucks.

Righteous in the 'Wood Apr 19, 2014 - 7:34 pm

3 willful violations @ $70K per violation = $210K. That is the most they can fine per willful violation. OSHA is the same, the fines are ridiculously low, and not scaled to the size of the company (i.e. the Chevrons and Dow Chemicals get fined the same as the small mom and pop businesses, so, if the fines were high across the board, most fined private small companies would cease to exist in the face of even minor violations).

Two deaths, for $105K seems a shame really. What is really sad is not the size of the fine, but the fact that most likely no person at BART who is knowledgeable of their weak safety programs and occupational health and safety management systems will not see even one day in prison.

That is the real tragedy.

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