this investment and cooperative programs funded by the FRA, the Federal Highway Administration, and other concerned parties, 1 grade crossing fatalities have dropped 52 percent since 1967. (See Appendix B for detailed statistics.) As I have said, however, there is no simple answer to reducing grade crossing deaths unless government at various levels would undertake the massive expenditures that would be involved in physically separating all highways from the tracks they now cross. The overwhelming majority of grade crossing deaths occur as a result of error on the part of an automobile driver. Difficult as it may be to believe, there are numerous cases in which drivers not only drove around physical barriers but actually drove into the side of a moving train. Quite obviously, then, education rather than regulation is the greatest need. And that is what the railroads are undertaking - in cooperation with the National Safety Council and state governments in their current programs. - While I have touched briefly on a number of the subjects in which the Subcommittee has expressed an interest, I would like to note again that my full statement as submitted for the record contains more detailed discussions of these and other issues. Employee Safety Programs Perhaps the greatest impact on safety in the rail industry will come from a comprehensive study of the effects of human behavior on railroad safety which began three years ago in the Safety and Special Services Division of AAR. Recognizing the limitations of mechanical solutions to problems which are largely the result of human behavior and systems errors, the industry began exploring better approaches to understanding and managing the human element the prime contributor in over 38 percent of accidents which are occurring. A number of industry efforts are focusing on different phases of this problem: - - Many railroads 1) Employee Assistance Programs currently have or are installing programs to help employees cope with problems such as alcohol and drug abuse. Seven roads recently participated in a government sponsored study of program effectiveness which brought out the contributions these programs are making to employee safety. - 2) Study of Individual Safety Programs Railroad safety programs generally consist of training and orientation, accident investigation and analysis, inspections and audits, personal protective equipment, work place environment monitoring, and employee participation and motivation. To determine which safety programs are effective in preventing 66-493 0-80-7 injuries, the AAR is participating in a government survey which will identify effective programs. Results will be furnished to the industry for application on individual properties. - 3) Training According to a recent government study, railroads now spend $40 million per year to prepare employees to work safely in the railroad environment. More effective safety training methods, which will address specific needs of both managers and employees, are currently being evaluated. Many different methods are currently being used by the industry to provide training for employees. It is recognized that much of the "training" is a one-time activity and that attempts to measure quality in terms of hours spent in training can be very misleading. Current research is attempting to establish both the best methods which can be used to train employees to safely perform duties and productive methods which can be used to motivate them to use the procedures taught. Effectiveness of Federal Safety Regulations We in the railroad industry have gone on record as supporting the findings by the Office of Technology in its report entitled "An Evaluation of Railroad Safety" that the regulatory activities of the Federal government have had no apparent effect on the railroad accident rate. But it is also clear that this accident rate does not portray a situation which is out of hand. The most important consideration is that the regulatory process is not the solution to improved railroad safety. It is true that many of FRA's safety regulations have been counterproductive, but one of the more encouraging developments during the last two years has been the FRA's comprehensive review of the railroad safety regulations. Shortly after the promulgation of the 1970 Rail Safety Act, the FRA issued numerous regulations. Many were not related to safety. Many required premature maintenance and thus diverted limited rail resources from other essential programs. Most of the fines assessed by the FRA were issued for violations of regulations clearly unrelated to increased safety. In 1978, in response to President Carter's Executive Order 12044, the FRA began a comprehensive review of the old regulations. Numerous hearings have taken place, and we hope that the new regulations, which we expect to be issued during the next several months, will be more cost effective than the current regulations. Preliminary cost studies indicate that the new freight car regulations will avoid the unnecessary expenditure of several million dollars annually. Similarly, it is anticipated that the new locomotive inspection standards will eliminate extremely expensive requirements which have not been necessary from a safety standpoint. We will continue to work with and encourage the FRA to revise the old regulations and develop new standards which truly address safety and which will not present unreasonable burdens on railroading. We also anticipate that with a more analytical approach to the task of ordering priorities in the area of rail safety, FRA will not be encumbered with obligations to implement nonproductive programs which deflect resources from beneficial safety programs. State Involvement in the Federal Inspection Program Currently, the Federal program does not preempt State regulatory enforcement authority. There is a rather detailed regulatory scheme under which states may become certified to carry out and assist in enforcement of many railroad safety regulations. The major concern with the State inspection programs is the constant need to ensure that State employed inspectors meet Federal qualifications. Importantly, the judicial enforcement power resides primarily with the Department of Transportation. Recognizing that basic regulatory authority over safety should be kept within one Federal agency, the House Committee on Interstate and Foreign Commerce stated that "The Committee does not believe that safety in the |