ARE YOU MISSING THE SIGNALS?

By K C Pawling, Road Safety and Loss Prevention Specialist

While being a highway superintendent or even just a road crew employee I rarely took the time to step outside my little box I was living in to see a larger picture. I would get so focused on the tasks at hand that sometimes I unintentionally disregarded other aspects of the jobs that needed attention.  The intense focus can be a positive thing just as well as a negative.

Now, as part of the loss prevention team at NIRMA, I am trying to take the time to see things from all different perspectives and analyze situations that I become involved with.  Some of those situations that I am becoming increasingly aware of are the events that are occurring at railroad crossings.  Some of the events do not have very good outcomes. Others are very lucky it does not end worse than it does.

I understand as an equipment operator, we can get so focused on running a machine, for example the motor grader trying to get the road just right, that we can lose sight of the greater picture.   I am going to state the obvious and say that this laser focus at a rail crossing is just not the best practice.  Many of the crossings in our counties have limited traffic control so we all should be extra vigilant when working around railroad tracks.

Since Sept. 18-24 was Rail Safety Week in Nebraska, and with some recent events happening at rail crossings, I thought it was a good time to review some general safety tips.  These tips are provided to us by the National Highway Traffic Safety Administration, and some incorporate requirements of drivers under Nebraska law.¹

1. Stop, look both ways and listen.  This should include opening the doors on a motor grader to hear the train over the sound of the motor grader engine.  Opening both windows on a tractor trailer is recommended also, you will need extra room to get your long truck clear of the tracks.
2. Do not stop on the tracks.  Make sure you have room to get across.  Once you enter the crossing, keep moving.  I was also taught not to shift a truck while crossing the railroad tracks.  This decreases the chances of either missing a gear or even stalling the engine, this would even apply to the motor grader operation.
3. Stop within 50 but not less than 15 feet away from flashing red lights, lowered gates, a signaling flagman, a stop sign, when you hear a train emitting an audible signal, or when you see one approaching. Keep in mind, in a motor grader you are sitting approximately 8ft from the front of your machine.  So, this could cause a poor line of sight.
4. Never drive around a lowering gate or ignore signals.
5. After a train passes, wait for the gates to fully rise and for all lights to stop flashing before you cross.  This will give you time to focus on all that could be happening without the distraction of the crossing train.  You might have missed something while being preoccupied by the train, especially if there are multiple tracks, which takes us to tip number six.
6. Never assume there is only one train coming from a single direction.
7. If your vehicle stalls on a track, quickly get out, even if you don’t see a train coming.  Get away from the tracks and your vehicle to avoid being hit by hit by flying debris if a train does come.  Call the number of the blue emergency notification system sign.  If the sign is not visible, call 911.

Along with the safety tips above, we also need to be mindful of fulfilling county road maintenance responsibilities at railroad crossings to mitigate the risk of legal liability. I would like to remind road the county is legally responsible for maintaining county road approaches to railway crossings, including advance warning signs (but not the crossbucks) if required by the MUTCD, and mowing of vegetation within the public right of way if it obscures the visibility of approaching trains.² Counties should be doing grade crossing inspections if you have railroad crossings in your county.  Inspections should be completed with documentation of the findings to ensure the county is fulfilling its maintenance duties.

It is also essential to remember that the railroad is legally responsible for maintaining any active warning devices (gates and lights), as well as the crossbuck sign and any signs the railroad has attached to the crossbuck mast.³ A county should not interfere with railroad property but should notify the railroad if it becomes aware of a safety concern or failure of the railroad’s maintenance responsibilities.  A letter to the railroad is appropriate if deficiencies on railway property are found or reported to a county. If the railroad does not promptly correct the issue, legal counsel should be consulted about potential next steps.  A county is also authorized under the Nebraska Administrative Code to request a review of a crossing by the State of Nebraska for safety improvements, and is entitled to a response to such a request.⁴

It is strongly encouraged to review the Nebraska Administrative Code provisions if you need a refresher on the full legal responsibilities that apply at railroad crossings. Inspections at crossings with good documentation and an understanding of the legal responsibilities at railroad crossings will help to reduce the potential for a claim or loss.   If you need any help setting up an inspection program or if you are now just learning of the program, please do not hesitate to contact me.

If you have any need that I can help you with, I can be reached at kcpawling@nirma.info or 402-310-4417. My office number is 402-742-9236.

1. See, for example, Nebraska Revised Statute, section 60-6,170.
2. Nebraska Administrative Code, Title 415, Chapt. 6, Section 005.02 – 005.02D.
3. Nebraska Administrative Code Title 415, Chapt. 6, Sections 005.01 – 005.01F.
4. Nebraska Administrative Code, Title 414, Chapt. 5, Section 003.01. – 003.01A.