Claris Law Legal Blogging Community

Editor: Rick Shapiro
Profession: FELA Attorney

Category: FELA News

Recent events in Spain and France have illustrated the vulnerability of rail operations to terrorist acts. In the war against terrorism, rail employees are the front line of defense. This article focuses on recent efforts and specifically avoids a simple discussion of vulnerable operations. Unfortunately, since 9-11, there has been no coordinated or uniform effort by carriers to train employees regarding security issues. For instance, on Amtrak, the conductor and assistant conductor should be able to screen all passengers upon boarding and during the trip. Maintenance-of-way workers can observe track conditions for security issues. But, in order to perform these duties effectively, training is needed and/or recognition by the carriers that such duties are crucial to the security of rail operations.

There have been some efforts made by transit authorities in various areas of the country. The Chicago Transit Authority has made some changes to equipment, training, and staffing to improve rider system security. Included in the changes are backup communication systems with more radios, cellular phones, pagers, and some national emergency drills, including a five-day simulation exercise last May to test how the city would respond to a chemical attack. The Chicago Transit Authority also has added police patrols on trains, buses, and in stations.

In New York City, the Metropolitan Transit Authority is planning to spend $100 million to develop a security program. It boosted its police force from 521 officers in 2001 to 723 this year. In addition, surveillance cameras are being installed in tunnels, and sensors have been placed at stations to analyze air and sound a silent alarm in the event of a biological or chemical attack. The funds that are being spent come from a pool of $591 million awarded to the Metropolitan Transit Authority last year by state and federal emergency-management agencies.

In Philadelphia, SEPTA is using additional canine patrol units for bomb detection. By the end of this summer, six of SEPTA's ten police dogs will be trained to scan for bombs. Amtrak is already using bomb-sniffing dogs at its major locations, including the 30th Street Station in Philadelphia. In Boston, where city officials are preparing for the Democratic National Convention in July, there are plans under way to enhance security, including baggage-screening options and limited access to parking facilities.

Unfortunately, most carriers have not implemented simple precautions to improve security as set forth in the FBI-Homeland Security Bulletin Warning of Possible Terrorist Attacks on Trains and Buses. Among the suggestions offered are: 1) to closely monitor terminal parking lots, improve riding, and enforce restrictions on illegally parked vehicles; 2) to remove trash receptacles or other containers that could hide a bomb; 3) to deploy more visible security personnel and release security-camera footage each day for signs of terrorist surveillance; 4) to do random passenger inspections and security sweeps of stations and transit vehicles; 5) to match bags and cargo with passengers and increase the number of public announcements to promptly report unattended baggage or suspicious behavior; and 6) to safeguard uniforms, badges, and other official items to ensure they cannot be stolen for use by terrorists.

In the long run, it will take a commitment by everybody, including rail employees and real riders, to maintain a secure environment. There may be certain precautions taken that seem like a hassle to the everyday rider of mass transit, such as baggage searches, but these should be taken in stride and seen as the solution rather than the problem. By expanding the communication lines between the rank-and-file rail workers and the newly operational Department of Homeland Security, the considerable risks can be reduced.