Tuesday, October 18, 2005 (Washington, DC) Citing serious safety problems with track maintenance, employee training, bridge inspections, and highway-rail grade crossing warning systems, the Federal Railroad Administration (FRA) has signed an agreement with the Dakota, Minnesota & Eastern Railroad (DM&E) to bring the railroad into compliance with federal rail safety regulations.

The safety compliance agreement with the Sioux Falls, SD based railroad is the result of a series of inspections conducted by FRA in July and August that found numerous problems with the railroad’s management and implementation of its safety program.

The agreement requires the DM&E to develop and implement a detailed three-year track maintenance plan to address track defects, including fixing broken joint bars used to keep sections of track connected and improving inspection practices. The railroad also must retrain managers on its operating rules and test employees in the areas where FRA found the most serious noncompliance, such as ensuring proper alignment of track switches and protecting the movement of rail cars from one train to another in rail yards.

In addition, the railroad must adopt and implement an annual bridge inspection plan that provides for more frequent inspections based upon the condition of the bridge. The railroad is also obligated to establish improved procedures to inspect, test, and maintain highway-rail grade crossing active warning devices and to promptly investigate, and maintain accurate records of credible reports that such equipment do not function properly.

“It is imperative that railroads and their employees follow safety rules to prevent accidents, avoid injuries and safeguard communities,” said FRA Administrator Joseph H. Boardman.

Provisions of the agreement are in effect for one to three years, during which time FRA will conduct periodic inspections to review whether the railroad is fulfilling its obligations. If at any time FRA determines that the DM&E is not meeting its responsibilities, the railroad would then face a more stringent order to carry out the agreement. Such an order would hold top railroad officials personally responsible for the railroad’s failure to adhere to the terms set forth in the original agreement.