Sec. 19. Confidential close call reporting systems
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Subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following: Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations that require an applicable railroad carrier shall follow in establishing a confidential close call reporting system program (in this section referred to as the Program ). The Secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing regulations under this subsection, including continuing the use of third parties for the collection of close call reports and distribution of close call data.
The Secretary shall ensure that an applicable railroad carrier’s employees receive protection under the Program from any related Federal Railroad Administration enforcement actions. Not later than 180 days after the date on which the regulations under subsection
(a)are issued, an applicable railroad carrier shall develop and submit a proposed Program to the Secretary for review and approval. The proposal submitted by a railroad carrier under paragraph
(1)shall— a describe the core principles and values of its proposed Program; explain the rights, roles, and responsibilities of Program stakeholders; identify concerns and interests; and describe how the Program will operate. The Secretary shall review and approve or disapprove each proposed Program within a reasonable amount of time. If a proposed Program is not approved, the Secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed Program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. An applicable railroad carrier shall update the Program as needed and obtain the Secretary’s approval prior to making any major changes to such Program. The Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with the approved Program of the carrier. Not later than 2 years after the date of the enactment of this section, each applicable railroad carrier shall establish a confidential close call reporting system pursuant to the rulemaking under subsection (a). Under the Program each applicable railroad carrier shall— provide a safe environment for its employees to report unsafe events and conditions; for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure that the employees of the carrier are protected from railroad carrier discipline; use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before such issues or risks develop into accidents. Each applicable railroad carrier shall consult with, employ good faith with, and use best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed Program. If an applicable railroad carrier and the directly affected employees of such carrier, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed Program, then directly affected employees and such organization may file a statement with the Secretary explaining the views of such employees on the proposed Program on which consensus was not reached. The Secretary shall consider such views during review of the proposed Program under subsection (b)(3)(A). Any railroad carrier that is not an applicable railroad carrier may voluntarily establish a Program under this section. This section, and any regulations promulgated under this section, shall apply to a Program that is voluntarily established. The Secretary may use the confidential close call reporting data when— implementing or updating the Federal Railroad Administration’s National Inspection Plan; performing focused inspections; or developing agency rulemakings and guidance, as appropriate. In this section, the term applicable railroad carrier means a railroad carrier that— is a Class I railroad; has inadequate safety performance, as determined by the Secretary; or provides intercity rail passenger or commuter rail passenger transportation. There are authorized to be appropriated to the Secretary such sums as may be necessary— to implement this section; and to support the nationwide implementation of confidential close call reporting system programs, as the Secretary determines appropriate. . The analysis for chapter 201 of title 49, United States Code, is further amended by adding at the end the following: 20177. Confidential close call reporting systems. .