Blaming fatigue and long hours by overworked railroad employees for many rail accidents, Democrats in Congress are considering legislation that would limit the hours railroad workers such as conductors and engineers could work. The proposals have generated an unusual alliance between rail carriers and the unions to oppose the proposed rules.

Rail workers are covered by a 100-year old federal statute that prescribes a variety of work limits, but which allow rail operators to work as many as 432 hour per month (or about a 100 hours per week on average), far more than the 260 hours per month limit for truck drivers. Rail workers are also theoretically limited to working 12 hours straight with 10 mandatory hours off, but because of lose definitions of what constitutes “rest,” this limitation is often skirted.

Also different is the fact that rail worker hours are governed by a federal law, not a regulatory agency like the most other transportation-related workers.

There are proposal from members of Congress concerned about rail safety to dramatically reduce the allowable hours. In addition, the Federal Railroad Administration is lobbying for authority from Congress to set limits as a function of its regulatory powers.

The actions come as a variety of studies and specific rail accidents point to operator fatigue as a leading culprit.

Still railroads generally oppose the moves, believing it will limit scheduling flexibility and raise overall labor costs. Rail unions, such as the Brotherhood of Locomotive Engineers and Trainmen, also oppose the changes, because current rules enable many members to make big money as a result of the overtime hours, some of which may be reduced if rail worker hours are limited.

Estimates are that some conductors and engineers can make well over $100,000 per year with the overtime – pretty big money.

The rail carriers and unions are hoping they can craft their own limitations without new laws or regulations.

Our bet: their will be limits from Washington, similar to the hours of service changes that were enacted for truck drivers.