HOUSE CONCURRENT RESOLUTION NO. 24
(By Speaker, Mr. Kiss, and Delegates Boggs, Brown, Browning,
Cann, Caputo, Crosier, DeLong, Ellem, Ennis, Fleischauer, Foster,
Fragale, Hamilton, Hartman, Hatfield, Houston, Hrutkay, Kuhn,
Leggett, Louisos, Mahan, Manchin, Manuel, Martin, Palumbo,
Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Renner,
Romine, Shaver, Spencer, Stalnaker, Staton, Stemple, Sumner,
Susman, Swartzmiller, Talbott, R. Thompson, R. M. Thompson,
Tucker, Varner, Warner, Webb, Webster, Wright, Yeager and Yost)
[Introduced February 9, 2004; referred to the
Committee on Rules.]
Requesting the State of West Virginia to
prohibit the use of Remote
Control Locomotive technology in switching operations until
such time as
a thorough, risk assessment study of Remote
Control Locomotive operations can be completed.
Whereas, Helping secure a safe workplace for all West Virginia
workers is a primary goal of the State of West Virginia; and
Whereas, The State of West Virginia has Class I railroads
involved in the transportation of hazardous materials by rail; and
Whereas, A significant amount of these hazardous chemicals,
including radioactive and biohazardous waste, are transported
through West Virginia communities and neighborhoods and in close
proximity to our homes, schools, places of work, and hospitals; and
Whereas, Hazardous materials are subject to uncontrolled
release if their container is ruptured during a railroad derailment
or collision; and
Whereas, Heretofore all railroads have manned their locomotives with employees who are rigorously certified and fully qualified by
standards established by the Federal Railroad Administration (FRA);
and
Whereas, The Federal Railroad Administration has issued
nonbinding guidelines to govern the day-to-day operational
practices involving Remote Control Locomotives; and
Whereas, The railroads have failed to adopt all the provisions
of these minimal Federal Railroad Administration guidelines for
operational practices; and
Whereas, Railroads are conducting remote control operations
with employees who receive as little as two weeks of training;
therefore, be it
Resolved by the Legislature of West Virginia:
That the State of West Virginia admonishes the Federal
Railroad Administration to develop comprehensive safety regulation
for the use of remote control locomotives, and that those
regulations ensure the highest level of skill and qualifications;
and, be it
Further Resolved, That the State of West Virginia consider
prohibiting the use of Remote Control Locomotive technology in
switching operations until such time as: (1) A thorough risk
assessment study of Remote Control Locomotive operations has been
made and published by a third party; (2) a Federal Railroad
Administration regulation governing Remote Control Locomotive Operations is promulgated; and (3) the railroad companies in West
Virginia give proper notice to all city, county, municipal and
State Emergency Services/Homeland Security of their operations and
specify the locations where those operations will take place; and,
be it
Further Resolved,
That the Clerk is hereby directed to provide
a copy of this resolution to
Mr. Allan Rutter, FRA Administrator.
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