DPU PUBLIC HEARING – CELL PHONE BAN TESTIMONY

Good morning, Mr. Chairman, members of the Public Utilities Commission and Hearing Officer McKeever.  My name is Daniel A. Grabauskas.  I am the General Manager of the Massachusetts Bay Transportation Authority.  

I am here today to urge the Department of Public Utilities to make permanent the Order adopting Emergency Regulations establishing 220 CMR 151.13, Rail Fixed Guideway System: Safety/Security Program Standard and amending 220 CMR 155.02(13), Operation of Motor Vehicles for the Carriage of Passengers for Hire Under a Certificate of Public Convenience and Necessity, Charter License, Special Service, or School Service Permit.  One of the Emergency Regulations created an “Attention to Duty” section identified as 220 CMR 155.13 that prohibits an operator of a MBTA train or trolley from possessing or using a cell phone or Other Electronic Devices while on duty and operating his or her MBTA vehicle.  The other Emergency Regulation amended the “Attention to Duty” section in 220 CMR 155.02(13) by prohibiting an operator of an MBTA bus from possessing or using a cell phone while on duty and on his or her MBTA bus.

As you know, on Friday, May 8, 2009, a Green Line trolley rear-ended another trolley between Park Street and Government Center Station.  The accident resulted in approximately 50 injuries.  The damage to MBTA vehicles and equipment is approximately $10 million.  Within hours of this accident, the trolley operator admitted to MBTA Police investigators that he had been texting on a cell phone while operating his trolley immediately before the accident and when he looked up from his cell phone, it was too late to prevent the collision.  This distraction caused the collision.  It was the most serious incident of a bus or train operator using a cell phone while engaged in the safety critical duty of transporting MBTA customers.

The Authority has always had rules prohibiting the use of cell phones because they distract Operators from the proper performance of their safety critical duties.  Every bus, streetcar or train operator, train attendant, or yard motorperson must give complete attention to duty in order to ensure safe travel for the MBTA's customers and employees.  

What happened on May 8 was a moment of inattention that produced very tragic results.  Considering all the facts, the Authority concluded that the original policy banning the use, but not the possession, on board a vehicle in service was not sufficient to convince all Operators to refrain from using cell phones for call and/or texting.  Therefore, joining with Transportation Secretary and MBTA Chairman James A. Aloisi, Jr., we enacted the strictest policy of any transit property in America.  The Authority’s new policy forbids Operators from possessing or using a cell phone or Other Electronic Devices while on duty and on his or her bus or train.  

The discipline for the first offense for talking on a cell phone or text messaging while on duty on a bus or train is discharge.  Additionally, the first offense for an Operator who is found in possession of a cell phone or Other Electronic Devices while on duty on his or her bus or train is a 10-day suspension.  Recently, the Authority terminated a bus operator who was caught on duty using a cell phone on his bus.  This act was captured by the on-board video system.  The Authority has also suspended an on-duty Train Attendant for possessing an electronic device while on an Orange Line train.  Thankfully, I must say, we have had only two (2) violations of this new policy.  All and all, the vast majority of our Operators understand the seriousness of the policy and the reason for it – safety of our passengers and for our employees – and are not bringing cell phones or Other Electronic Devices on board or using them.  

I recognize the importance of Operators knowing that their families and dependents can contact them in the event of an emergency while they are at work.  This issue was raised when the new policy was being promulgated.  I believe this concern will be raised at some point during this hearing.  In order to provide our Operators with a level of confidence that they will be reached in the case of emergency, the Authority provides an emergency hotline number.  For the record, the hotline number has been in existence since 2006.  This is a dedicated number for Operator’s family members to call in case of an emergency.  The hotline is linked directly to the MBTA’s Operations Control Center, which is staffed 24 hours a day, 365 days a year.  

When we receive a message on the hotline, I want to assure you that in the event of a family emergency we will find the Operator and allow them to contact their family.  If need be, we will relieve the Operator of duty so that he or she can attend to an emergency.  At the same time that we issued the new zero tolerance policy on cell phones and other electronic devices, we also reissued the emergency hotline policy to all Operators.  We have also issued a Standard Operating Procedure for answering the hotline.  The Procedure includes a script for the person answering the hotline and the responsibilities for each person making the necessary notification to an employee.  To date, we have received over 100 calls.  We know of only one instance where there was delay in reaching an Operator in a timely manner.  The circumstances that contributed to this delay have been rectified.  

Additionally, the Authority has instituted daily radio checks to ensure all communication systems are working properly.  These radio checks have gleaned a 98% positive accuracy rate for subway and a 95% positive accuracy rate for bus. Furthermore, the Authority is in the process of installing approximately 42 new telephone lines at key locations that will allow personnel to make telephone calls to family members while on break.  We are committed to putting the necessary systems in place to allay any concerns Operators may have about their families and dependents contacting them in the event of an emergency while they are at work.

The Authority has provided all Operators with a copy of both the policy that prohibits an Operator’s use (or possession) of a cell phone or Other Electronic Devices while on duty and on his or her vehicle and the policy regarding the emergency hotline.  Additionally, we have posters at all pull-out locations and in break rooms and have placed decals in the Operator’s area of every bus and train reminding operators about the prohibition.  

Furthermore, I am happy to report that the MBTA service contractors carrying passengers on our commuter rail, paratransit, commuter boat, and private bus services have issued similar directives prohibiting the use (or possession) of cell phones and Other Electronic devices to their operators.  Plainly and simply, we believe that this new policy makes our system safer.  By making permanent the Emergency Order, the DPU will strengthen the message that we are serious about safety and will reduce the likelihood of future crashes.

I would like to submit to the Commission a copy of the Notification of Receipt Package given to each Operator.  To date, a vast majority of our Operators have completed and returned the top sheet acknowledging the receipt of the policies/Special Orders.  I would also like to submit copies of the posters that hang in the pull out locations and break rooms, along with the refrigerator magnet we have provided to the Operators with the hotline number.  In addition, I am submitting a copy of the Standard Operating Procedure for Answering MBTA Personal Emergency Contact Number.

In closing, I urge you to issue an Order adopting Emergency Regulations establishing 220 CMR 151.13, and amending 220 CMR 155.02(13).  The Emergency Regulations mirror the MBTA's new policy.  As Governor Patrick noted when he urged DPU to issue the Emergency Regulations: “it just makes sense to keep personal cell phones out of the cabs of buses and subway trains, we must use every authority possible to ensure the safety of the riding public.”  

I thank the Governor, the Secretary of Transportation, the Department of Public Utilities, and this Commission for your strong support of this issue.

I would be happy to answer any questions at this time.