Bill Summary
This legislation, called the "Transit Worker and Pedestrian Protection Act," amends the United States Code to require the development of safety risk reduction programs for public transportation operations. The bill specifically addresses the growing problem of assaults on public transportation workers and the need for measures to improve safety for both workers and passengers. It also requires the implementation of driver assistance technologies and other measures to reduce accidents and injuries, as well as the reporting of assault data for inclusion in the National Transit Database. The bill authorizes the appropriation of funds for these programs and sets a formula for distribution of the funds.
Possible Impacts
1. This bill could potentially affect public transportation workers by requiring them to participate in regular risk analysis and implement measures to reduce accidents, injuries, and assaults on workers. This could lead to increased safety for workers, but could also potentially require additional training or changes in job duties.
2. The bill could also affect recipients of federal transportation funding by requiring them to develop and submit risk reduction programs for both bus and rail operations. This could potentially lead to increased costs for these recipients as they work to comply with the new requirements.
3. The bill could also lead to increased reporting and data collection on assaults on transit workers, which could potentially help track and address this growing problem. However, it could also create additional administrative burdens for recipients who are required to report this information.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 436 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 436
To amend title 49, United States Code, to require the development of
public transportation operations safety risk reduction programs, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2019
Mr. Van Hollen (for himself, Mr. Reed, Ms. Warren, and Mr. Menendez)
introduced the following bill; which was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to require the development of
public transportation operations safety risk reduction programs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit Worker and Pedestrian
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Public transportation workers are vital to the safe,
efficient, and affordable movement of people and to the
economic prosperity of the country.
(2) Assaults on public transportation workers are a growing
problem, with daily reports of bus operators and rail transit
employees being beaten, having items thrown at them, being spat
upon, and being verbally abused.
(3) This is not only a tragic situation for public
transportation workers, but also a major safety risk for
passengers, other motorists, and pedestrians.
(4) An additional risk to safe bus operation is the
existence of blind spots in the view from a bus operator
workstation that--
(A) prevent a driver from fully seeing the driver's
surroundings; and
(B) have caused serious accidents with pedestrians.
(5) Blind spots are avoidable, and buses can be designed to
provide the bus operator a clear view outside the vehicle.
(6) Section 3022 of the FAST Act (49 U.S.C. 5329 note;
Public Law 114-94) required the Secretary of Transportation to
issue a notice of proposed rulemaking to address protection of
public transportation operators from the risk of assault.
(7) The Secretary of Transportation has failed to issue a
notice of proposed rulemaking as required under section 3022 of
the FAST Act.
SEC. 3. BUS OPERATIONS SAFETY RISK REDUCTION PROGRAM.
Section 5329 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Bus Operations Safety Risk Reduction Program.--
``(1) Requirements.--Not later than 2 years after the date
of enactment of this subsection, the Secretary shall require
each recipient that operates fixed route bus service to--
``(A) develop a risk reduction program for bus
operations under paragraph (2) to improve safety by
reducing the number and rates of accidents, injuries,
assaults on bus operators, and fatalities;
``(B) submit the program required under
subparagraph (A), including the implementation plan
required under paragraph (3), to the Secretary for
review and approval; and
``(C) implement the program and plan approved by
the Secretary.
``(2) Development of program.--A recipient required to
develop and submit a risk reduction program for bus operations
under paragraph (1)--
``(A) shall develop the program by conducting risk
analysis on the bus operations of the recipient;
``(B) may incorporate the program into an
applicable comprehensive safety plan that the recipient
prepares under subsection (d), if the plan addresses
each requirement under this subsection; and
``(C) shall develop the program in cooperation with
bus operators and collective bargaining representatives
of bus operators, including the development of--
``(i) the risk analysis required under
subparagraph (A); and
``(ii) the implementation plan required
under paragraph (3).
``(3) Implementation plan.--Each risk reduction program for
bus operations under paragraph (1) shall include an
implementation plan for--
``(A) reduction of vehicular and pedestrian
accidents involving buses that includes--
``(i) deployment of driver assistance
technologies for bus operators that reduce or
prevent accidents; and
``(ii) measures to reduce visibility
impairments for bus operators that contribute
to accidents, including retrofits to buses in
revenue service and specifications for future
procurements that reduce visibility
impairments;
``(B) bus operator assault mitigation, including--
``(i) the deployment of assault mitigation
infrastructure and technology on buses,
including barriers to restrict the unwanted
entry of individuals and objects into bus
operators' workstations when a recipient's risk
analysis determines that such barriers would
reduce assaults on and injuries to bus
operators; and
``(ii) conflict de-escalation training for
bus operators;
``(C) installation of seating and modification to
design specifications of bus operator workstations that
reduce or prevent injuries from ergonomic risks; and
``(D) other measures that the Secretary determines
would significantly reduce the number and rate of
accidents, injuries, assaults on bus operators, and
fatalities related to bus operations.
``(4) Updating requirements.--The Secretary shall require
each recipient required to develop a program under paragraph
(1) to--
``(A) update the program annually; and
``(B) resubmit the program for approval by the
Secretary not less than once every 3 years.''.
SEC. 4. RAIL OPERATIONS WORKER ASSAULT RISK REDUCTION PROGRAM.
(a) Public Transportation Safety Program Section.--Section 5329 of
title 49, United States Code, as amended by section 3, is further
amended by adding at the end the following:
``(m) Rail Operations Worker Assault Risk Reduction Program.--
``(1) Requirements.--Not later than 2 years after the date
of enactment of this subsection, the Secretary shall require
each recipient that operates a rail fixed guideway public
transportation system that is not subject to regulation by the
Federal Railroad Administration to--
``(A) develop a risk reduction program for assaults
on rail workers under paragraph (2) to improve safety
by reducing the number and severity of assaults on rail
workers, including operators and station personnel;
``(B) submit the program required under
subparagraph (A), including the implementation plan
required under paragraph (3), to the Secretary for
review and approval; and
``(C) implement the program and plan approved by
the Secretary.
``(2) Development of program.--A recipient required to
develop and submit a risk reduction program for assaults on
rail workers under paragraph (1)--
``(A) shall develop the program by conducting risk
analysis on assaults on workers serving the rail
operations of the recipient;
``(B) may incorporate the program into an
applicable comprehensive safety plan that the recipient
prepares under subsection (d), if the plan addresses
each requirement under this subsection; and
``(C) shall develop the program in cooperation with
rail workers and collective bargaining representatives
of rail workers, including the development of--
``(i) the risk analysis required under
subparagraph (A); and
``(ii) the implementation plan required
under paragraph (3).
``(3) Implementation plan.--Each risk reduction program for
assaults on rail workers under paragraph (1) shall include an
implementation plan for rail worker assault mitigation.
``(4) Updating requirements.--The Secretary shall require
each recipient required to develop a program under paragraph
(1) to--
``(A) update the program annually; and
``(B) resubmit the program for approval by the
Secretary not less than once every 3 years.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount and Duration.--There are authorized to be appropriated
to carry out implementation plans under the bus operations safety risk
reduction program described in subsection (l) of section 5329 of title
49, United States Code (as added by section 3 of this Act), $25,000,000
for each of fiscal years 2019 through 2023.
(b) Formula.--Of the amounts made available to carry out subsection
(l) of section 5329 of title 49, United States Code, for a fiscal
year--
(1) 80 percent shall be distributed under the formula set
forth in section 5336 of title 49, United States Code, other
than subsection (b) of that section; and
(2) 20 percent shall be distributed under the formula set
forth in section 5311(c)(3) of that title.
SEC. 6. TRANSIT WORKER ASSAULT DATA.
Section 5335 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Transit Worker Assault Data.--
``(1) Report.--A recipient shall report to the Secretary,
for inclusion in the National Transit Database, any information
on each assault on a transit worker.
``(2) Other reports.--A report required under paragraph (1)
shall be separate from the reporting on other safety incidents
in the National Transit Database.
``(3) Definitions.--In this subsection:
``(A) Assault on a transit worker.--The term
`assault on a transit worker' means any circumstance in
which an individual knowingly, without lawful authority
or permission, and with intent to endanger the safety
or health of any individual, or with a reckless
disregard for the safety or health of human life,
interferes with, disables, or incapacitates any transit
worker while the transit worker is performing his or
her duties, including circumstances that do not require
immediate medical attention or that do not result in a
fatality.
``(B) Recipient.--The term `recipient' has the
meaning given the term in section 5329(a).''.
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