Since the spring, Metro officials have
barred independent monitors from walking
along subway tracks to observe safety
procedures while trains are in normal
service, even if escorted by Metro
employees, newly obtained records show.
The monitors, from the Tri-State
Oversight Committee, wanted to determine
whether Metro was following rules put in
place in recent years after a number of
workers had been fatally injured on the
job.
Instead, they have spent the past six
months pressing Metro in writing and in
person for access -- a period in which
two Metro employees were struck and
fatally injured on the tracks.
The monitors became so frustrated
that at one point, internal e-mails
show, they discussed formally notifying
federal officials and invoking their
toughest sanction: declaring Metro to be
officially out of compliance with safety
requirements. Such a move could cause
Metro to lose part of its federal
funding.
In July, the oversight committee made
a plea in writing, telling Metro that
without access to live tracks, it
couldn't ensure workers' safety.
On Aug. 9,
a track vehicle on the Orange Line
struck and killed Metro worker Michael
Nash.
A month later, committee members met
with Metro officials, telling them that
if they were unable to get on the tracks
they would "elevate this issue," notes
of the meeting show.
At 10:40
the next morning, a train near Reagan
National Airport
struck and fatally injured Metro
technician John Moore.
Now, more than six months after the
dispute began, safety monitors said they
remain barred from entering the right of
way along active train tracks.
Metro officials told the monitors
that they were looking out for their
safety. On Friday, Metro spokeswoman
Lisa Farbstein said that there had been
a "misimpression" and that committee
members could approach the tracks if
accompanied by safety escorts.
The dispute encapsulates what many
safety experts and federal officials
have described as a fundamental flaw
with Metro and other subway systems: a
lack of effective and enforceable
oversight that leaves transit systems in
charge of policing their own safety.
Unlike with other forms of
transportation, the federal government
cedes primary oversight of subways to a
patchwork of state-level monitoring
boards.
For Metro, the monitoring body is the
Tri-State Oversight Committee, which has
no employees, office or phone number. It
also has no direct regulatory authority
over Metro. Committee members work for
local and state transportation
departments, and much of their work is
contracted out.
In its dispute with Metro, committee
Chairman Eric Madison said that he
thought the agency had inappropriately
denied access to monitors and that he
remained concerned about the "adequacy
and effectiveness" of its safety
program. Madison said in an e-mail
Friday that committee members were
working with Metro "to resolve this
issue and hope to reach a solution
soon."
Inspectors for the committee are
looking to confirm a number of
practices, including that all personnel
on the tracks wear safety equipment,
that they communicate properly with
train operators and dispatchers, and
that the operators slow their trains and
sound their horns when they spot work
crews.
Farbstein said Friday that committee
members "can have access to the right of
way with the trains in service or out of
service as long as they have a safety
escort."
In fact, Farbstein said, safety
monitors were always allowed to walk
live tracks with an escort. Told that
her statement appeared to be
contradicted by documents and official
statements from the committee, Farbstein
said: "I'm going to stick to what I
said. I'm very comfortable with that."
Metro officials said that after this
past summer's fatal accidents, they
ordered a review of safety policies,
mandatory refresher safety training for
employees who work in the field and
additional safety checks during track
maintenance work.
Rail safety specialists across the
country said that firsthand inspections
are essential.
"I'm stunned, frankly," said Kitty
Higgins, who served on the National
Transportation Safety Board until
August. "It raises doubts about what
their real agenda is. The whole idea of
inspections, if they are to have any
credibility, is that they have to be
random, they have to be unannounced and
they have to be done during real-world
working conditions."
Families of Metro workers killed on
the tracks in past years reacted with
disbelief.
"That just blows me away," said Betty
Waldron, whose husband Michael's death
in October 2005 helped prompt new safety
rules to protect track workers.
"What are they trying to hide?" she
asked. "They don't want to be
accountable to the public. They think
they are their own little private
entity, and they are covering their
behinds, and they don't want the public
to know the ins and outs of what they
are doing."
Gloria Brooks choked up when told of
the dispute. Her son, Matthew, and
another worker, Arvell Cherry, were hit
and fatally injured by a train in
November 2006 while inspecting tracks
near the Eisenhower Avenue station.