Progress Through Unity

Governor Murphy Signs Executive Order to Implement Additional Mitigation Requirements on NJ TRANSIT, Private Carriers, and Restaurants to Limit the Spread of COVID-19

 

04/11/2020

TRENTON — Governor Phil Murphy today signed Executive Order No. 125, imposing additional mitigation requirements on NJ TRANSIT and all private carriers to limit the spread of COVID-19. The order also outlines specific policies on restaurants that have remained open for takeout orders.

“We must continue our commitment to do everything we can to flatten the curve and defeat this virus,” said Governor Murphy.  “With these additional requirements, we are aggressively reducing the spread of the virus to protect New Jersey residents.” 

“We are grateful Governor Murphy is adding extra authority and enforcement to the personal protective equipment policies NJ TRANSIT has implemented in recent weeks for the protection of our employees and customers,” said NJ TRANSIT President and CEO Kevin Corbett. “Our bus, train, light rail and Access Link paratransit service is vital to ensuring essential personnel can continue to get to their jobs and back home again, and Governor Murphy’s executive order strengthens the tools we have to do this as safely as possible during the COVID-19 pandemic.” 

Governor Murphy’s executive order directs the following, effective on Monday, April 13th at 8:00 p.m.:  

1. NJ TRANSIT must adopt the following policies:

  • NJ TRANSIT workers may limit occupancy by passengers at 50% of the stated maximum vehicle capacity on all trains, buses and light rail lines in accordance with any guidelines instituted by NJ TRANSIT operational divisions;
  • Require infection control practices, such as coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Arrange for contactless pay options across all modes of transportation wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;
  • Arrange for back door entry on buses wherever feasible, and take seats out of service near the bus operator to allow for proper social distancing from the bus operator wherever feasible;
  • Require frequent sanitization of high-touch areas in stations, like restrooms, waiting areas, credit card machines, and keypads;
  • Place conspicuous signage at stations and throughout train cars, buses and light rail vehicles alerting workers and customers to the required six feet of physical distance;
  • Require workers and customers to wear cloth face coverings while on trains, buses and light rail vehicles except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers. NJ TRANSIT must provide, at its expense, such face coverings and gloves for their workers, to the extent supplies are available.  If a customer refuses to wear a cloth face covering for non-medical reasons, then NJ TRANSIT workers may decline entry to the individual, and NJ TRANSIT operational divisions will institute guidelines to operators on this issue.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if NJ TRANSIT is otherwise required to provide such worker with more protective equipment due to the nature of the work involved.  Where an individual declines to wear a face covering due to a medical condition that inhibits such usage, neither NJ TRANSIT nor any of its workers shall require the individual to produce medical documentation verifying the stated condition. 


2. There are three different categories of private carrier companies covered by the Order: (i) Private Carriers, who NJ TRANSIT has entered into contracts with for the provision of bus and light rail service, (ii) Unaffiliated Private Carriers, who run their own lines of bus service, and (iii) Paratransit Private Carriers, who NJ TRANSIT has entered into contracts with for the provision of Access Link paratransit service. These carriers must adopt the following policies, although there are slight variations for each category of carrier in the Order and carriers should review the text of the Order to ensure they are in compliance:

  • Workers may limit occupancy by passengers at 50% of the stated maximum vehicle capacity on all bus and light rail lines and Access Link vehicles that these carriers operate in accordance with any guidelines instituted by the carriers, and where applicable, in consultation with NJ TRANSIT operational divisions;
  • Require infection control practices, such as coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Arrange for contactless pay options across all modes of transportation that the carriers operate wherever feasible. Such policies shall, wherever possible, consider populations that do not have access to internet service;
  • Arrange for back door entry on buses wherever feasible, and take seats out of service near the bus operator to allow for proper social distancing from the bus operator wherever feasible;
  • Place conspicuous signage throughout buses, light rail and Access Link vehicles, if applicable, alerting workers and customers to the required six feet of physical distance;
  • Require workers and customers to wear cloth face coverings while on buses, light rail and Access Link vehicles except where doing so would inhibit that individual’s health or where the individual is under two years of age, and require workers to wear gloves when in contact with customers. These carriers must provide, at their expense, such face coverings and gloves for their workers, to the extent supplies are available.  If a customer refuses to wear a cloth face covering for non-medical reasons, then workers for these carriers may decline entry to the individual, and where applicable, the carriers will consult with NJ TRANSIT operational divisions to institute guidelines to operators on this issue.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the carriers are otherwise required to provide such worker with more protective equipment due to the nature of the work involved.  Where an individual declines to wear a face covering due to a medical condition that inhibits such usage, neither the carriers nor any of their workers shall require the individual to produce medical documentation verifying the stated condition.

 

3. Restaurants, cafeterias, food courts, bars, etc. that are still permitted to operate must adopt policies that contain the following provisions:

  • Limit occupancy at 10% of the stated maximum capacity, wherever feasible, at one time;
  • Ensure six feet of distance between workers and customers, except at the moment of payment and/or exchange of goods;
  • Require infection control practices, such as regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal;
  • Provide employees break time for repeated handwashing throughout the workday;
  • Arrange for contactless pay, pickup, and/or delivery options wherever feasible;
  • Provide sanitization materials, such as hand sanitizer and sanitizing wipes, to staff;
  • Require frequent sanitization of high-touch areas like credit card machines, keypads, and counters;
  • Place conspicuous signage at entrances and throughout the food business, if applicable, alerting staff and customers to the required six feet of physical distance;
  • Require workers to wear cloth face coverings and gloves while on the premises, except where doing so would inhibit that worker’s health, and require workers to wear gloves when in contact with customers or goods. Businesses must provide, at their expense, such face coverings and gloves for their employees.  Customers that enter the food business will similarly be required to wear cloth face coverings, except where doing so would inhibit that individual’s health or where the individual is under the age of two, but will not be required to wear such covering when receiving a delivery or when picking up goods outside of the food business.  If a worker or customer refuses to wear a cloth face covering for non-medical reasons and if such covering cannot be provided to the individual by the food business at the point of entry, then the food business must decline entry to the individual. Such food business should, however, arrange for delivery, curbside pick-up or alternative arrangements wherever possible.  Nothing in the stated policy should prevent workers or customers from wearing a surgical-grade mask or other more protective face covering if the individual is already in possession of such equipment, or if the business is otherwise required to provide such worker with more protective equipment due to the nature of the work involved. Where an individual declines to wear a face covering inside the food business due to a medical condition that inhibits such usage, neither the food business nor its staff shall require the individual to produce medical documentation verifying the stated condition.

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Message from our National Legislative Director

Late this afternoon, a bipartisan group – consisting of 7 Republicans and 7 Democrats – from the U.S. House of Representatives sent a joint letter to FRA Administrator Ron Batory and FTA Acting Administrator Jane Williams strongly encouraging both to give full and fair consideration to the recommendations of SMART-TD outlined in the petition for worker protection and sanitation standards to protect our members against the coronavirus.

Receiving this joint letter from such a high level of Members of Congress hopefully will encourage Administrators Batory and Williams to look beyond what the carriers tell them. The letter was sent in part due to the agencies not responding to a March 20th request from SMART TD President Jeremy Ferguson asking the agencies to implement sanitation and preventative measures in accordance with Centers for Disease Control and Prevention (CDC) guidelines. The FRA did grant safety waivers to the carriers on March 25th, only minutes after the carriers asked.

It is often said that getting Members of Congress to agree to even the simplest things, is like herding cats; but at this time of urgent crisis, key members of the House, from both parties quickly came together to assist in our efforts to protect essential workers throughout our transit and rail networks. This joint letter did not happen by accident — it happened because of a combined effort from our D.C. office as well as Mike Ingrao who is a former TTD alumni who represents several Republicans friendly to labor and our State Directors. Special thanks to Ron Sabol from New Jersey, Ty Dragoo from Kansas, Bob Borgeson from Nebraska, Bob Guy from Illinois, Paul Pokrowka from Pennsylvania and others. Working together is key.

To read the rest of the story from SMART-TD click here.

In Solidarity
Greg Hynes
National Legislative Director
SMART Transportation Division

Letter sent to FRA and FTA.

Fraternally,
Greg Hynes
National Legislative Director
SMART Transportation Division

Resources available for COVID-19

Your officers wanted to reach out and inform members of mental health options that are available for us.

We are in incredibly stressful times and everyone is being affected by the demands of our jobs, while trying to protect ourselves and our family. We will all be personally affected by the COVID-19 and there are tools available to us to help get us through.

Please understand that we are all in this together and will need to rely on each other to get through this, support your sisters and brothers. Avoid social media, focus on factual news sources, reach out to your officers for factual property information.

We will come out on the other end of this better, stronger, and smarter by leaning on each other, your local 60 sisters and brothers. 

Be safe, protect yourself, and please use the below resources even if you think you do not need it, the information you get can be shared and save someone else. 

Fraternally, 

Your GCA 610A, LCA A,B,&C, & Local 60 officers

https://www.apa.org/research/action/speaking-of-psychology/covid-19-mental-health

https://smart-union.org/news/covid-19-emotional-support-services-available-to-all/?link_id=9&can_id=66124a8e8eb73c09c0712166f96ab417&source=email-smart-td-website-issue&email_referrer=email_755836&email_subject=to-all-members-and-retirees-from-td-president-jeremy-r-ferguson

https://www.horizonblue.com/

https://www.horizonblue.com/mobile/download-myhorizon

How COVID-19 Bill (CARES ACT) Affects TD Rail Members

How CARES Act Affects TD Rail Members

On March 27, Congress passed and President Donald Trump signed into law the CARES Act that provides provisions favorable to SMART Transportation Division members as the nation continues to combat the coronavirus pandemic. The bill provides a $2 trillion relief package to the nation as it copes with COVID-19, the novel coronavirus that has killed hundreds and infected thousands of Americans.

“This bill helps to provide some short-term relief to the transportation industry that has been staggered by the coronavirus,” National Legislative Director Greg Hynes said. “In the event that carriers continue to cut workers or that employees get sick, those workers, including our members, will have extended financial protection. It also gives a financial lifeline to Amtrak as the passenger carrier’s operations have been severely curtailed by the pandemic.”

This relief bill:

  • waives the seven-day waiting period for benefits provided under the Railroad Unemployment Insurance Act (RUIA).
  • provides an enhanced RUIA benefit of $1,200 per two-week period in addition to regular RUIA benefits.
  • extends Railroad Retirement Board (RRB) sickness and unemployment benefits by 13 weeks.
  • provides RRB $5 million in additional grant funds to administer the RUIA.
  • provides $1 billion in funding to keep Amtrak operational to prevent, prepare and respond to the COVID-19 pandemic, including $492 million to the Northeast Corridor and $508 million to support its long-distance service.
  • tasks Amtrak with providing congressional reports regarding employee furloughs, if they occur.
  • provide relief checks up to $1,200 per person, $500 per child. Click here to calculate your amount.

The economic uncertainty and long-term health risks posed by the COVID-19 pandemic present a challenge nationally, and the Railroad Retirement Board (RRB), which administers railroad sickness and unemployment benefits, is advising all railroaders to set up a RRB account. Click here to establish your account.

Due to the IT restraints and volume of contacts to the RRB, members are advised to access the RRB site from a computer, not a phone or tablet. Establishing an account gives workers a head start in the event that RRB unemployment or sick benefits are needed by RR workers in the case of carrier furloughs or illness.

Additional RRB funding and the removal of RRB benefits from the budget sequester implemented by congressional Republicans during the Obama administration may be considered in subsequent relief packages.

COVID-19 Report

Your union needs reports of what is actually happening in the field.

If you are aware of an employee who has tested positive with coronavirus, or if a carrier is refusing to provide a clean and sanitized workplace as well as supplies for sanitation, please let us know by using the form below.

Submissions via this form will go to union leadership and be used as evidence to support emergency measures sought by the SMART Transportation Division in petitions to the Federal Railroad Administration (FRA), Federal Transit Administration (FTA) and Federal Motor Carrier Safety Administration (FMCSA).

Your identity will remain anonymous.


CDC guidelines state that employers should do the following to prevent the spread of COVID-19:

  1. reduce transmission among employees,
  2. maintain healthy business operations, and
  3. maintain a healthy work environment.

As transportation workers are considered to be essential workers, even in a time of national emergency, making them exempt from stay-at-home orders issued by local, state and federal officials, it is paramount that these guidelines be followed so that the health of workers, co-workers, their families and the general public is not jeopardized by employers’ failure to follow CDC protocols.

If  CDC measures are not being followed, workers are encouraged to fill out additional details below. This information will be submitted to Vice Presidents, State Legislative Directors and General Chairpersons for resolution.

https://smart-union.org/td/covid-19-report/

State of Emergency

Brothers and Sisters:  Attached you will see Executive Orders No. 107 & 108 enacted by Governor Murphy today.  Today is a day that we all should have seen coming.  As “Essential Employees” it’s business as usual for our members, no different from the Essential Police Officers, Emergency Responders, and Medical Professionals.  All Essential Employees have the responsibility and duty to perform the tasks of our respective crafts.  I want all of you to know we are a vital component of this states fabric. I want to thank our members for stepping up, and putting there safety and welfare at risk when providing the riding public safe transportation back and forth to and from work, school, doctors appointments and grocery stores to say the least.

Our members sacrifice is second to none.  Collectively we are bringing back the respect our craft deserves and I thank you for that.  Please be safe, use common sense.

In Solidarity,

Jerome

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Message from SMART-TD President

SMART TD logo

March 20, 2020

All Members — SMART Transportation Division

Dear Brothers and Sisters:

I would like to begin by recognizing those of you who, in the face of this global COVID-19 pandemic, are continuing to serve the millions of Americans who depend on us and the services we provide every day.

If not for our bus operators, passenger and transit workers, families without alternate means of transportation might not have access to basic necessities such as food, cleaning supplies and medical attention, while essential staff in urban areas might not be able to report to work. If not for our freight rail crews operating around the clock, many of the vital goods and supplies our communities and healthcare professionals so desperately need and depend on would arrive late, or perhaps not at all.

It is impossible to overstate the fact that your dedication, professionalism, and skills support the very backbone of our country during this moment of crisis. Not only do we feel a duty to provide for ourselves and our loved ones through this difficult and uncertain time, but we are bound by our moral obligation to provide essential goods and services that our nation must have to endure, and later recover, from this ordeal.

Unfortunately, we have already received confirmed reports that some of our members have tested positive for COVID-19. Our thoughts and prayers are with those members, and their loved ones, who have either tested positive or are in quarantine. If you or someone you know is having difficulty dealing with the stress or anxiety brought on by this virus, we want you to know that Optum has established a no-cost, 24/7, emotional support help line at 1-866-342-6892. Please share this information accordingly.

It is unconscionable that in the wake of a national emergency, some of our carriers have refused to suspend draconian attendance policies that compel us to report for duty when we, or members of our household, are symptomatic. Many of those same carriers are neglecting to provide the proper cleaning supplies, personal protective equipment, and workplace sterilization that would undoubtedly save lives. Their actions, or lack thereof, are reminiscent of the railroad companies’ safety policies of more than a century ago, where they viewed such matters as the workers’ responsibility to fend for themselves, and they made the bare minimum effort by issuing stern, authoritarian warnings. We firmly believe history will not look kindly on these carriers. The good news is a few carriers are actually leading the way and setting the bar at “unbelievable levels,” as reported by Long Island Railroad General Chairperson Anthony Simon. We hope others will soon follow.

As a result of the above, and as you can see in links to correspondence provided below, we have turned to our lawmakers and regulatory agencies with authority to mandate the workplace protections we so desperately expect and deserve. In his letter dated March 11, 2020, Ronald Batory, Administrator of the Federal Railroad Administration, claims that, “FRA has been monitoring this issue closely and confers regularly on its impacts with railroad service providers….” [emphasis added]. Further, Mr. Batory advised that… “[t]he Administration has taken a whole-of-government approach which has paved the way for a whole-of-America response….” If you find this response as abhorrent as we do, then perhaps you may join us in seeking further clarification from Mr. Batory by calling his office at (202) 493-6014.

On March 18, 2020, we made similar demands on behalf of our bus members in a letter addressed to Raymond P. Martinez, Administrator of the Federal Motor Carrier Safety Administration. While we have yet to receive a response from Mr. Martinez, it may help if we call his office at (202) 366-4000 and voice our concerns.

Our National Legislative Department, in conjunction with the Transportation Trades Department, AFL-CIO and other rail labor Organizations, have been on Capitol Hill relentlessly demanding many of these same protections. Through this conduit, we are doing everything we can to ensure that Congress will not overlook the rail industry and its employees when legislation is introduced to provide relief to those affected by COVID-19. Likewise, our General Committees of Adjustment and State Legislative Boards have been working tirelessly to apply similar pressure to individual carriers, state and local lawmakers, and regulatory agencies.

To assist our Legislative Department and General Committees in their efforts, we strongly encourage you to reach out to your representatives. It is more important than ever to draw their attention to the fact that our employers and policymakers are relinquishing their duties to act as responsible corporate citizens and government agencies. If you are not already aware, you may find your representatives’ contact information by simply entering your address and zip code in the “Find Your Elected Officials” field at the bottom of the following webpage:

https://www.congressweb.com/SMART_Transportation/takeaction/#

In addition to the above efforts, we have participated in numerous conference calls and meetings to directly address and escalate these matters with members of management, Congress, and regulatory authorities. As you might imagine, the discourse in some of these conversations would not be appropriate for sharing verbatim. Nonetheless, you should rest assured they know exactly where we stand, and what we expect.

Now more than ever, I am honored and humbled to serve as your President. I have an immense sense of pride and respect for all of you who continue to place yourselves in harm’s way, doing what many are not capable of doing. Please accept this letter as my personal commitment that your union will not cease or slow its efforts until we procure the workplace safety and security we deserve.

As things develop, we will be posting updates to our website and social media pages, and sending email communications directly to those of you who subscribe.

With optimism that our collective perseverance and courage will guide us through this trying time, and with my sincerest gratitude for your continued support, I remain

Fraternally yours,

Jeremy R. Ferguson

President – Transportation Division

COVID-19 RESOURCES

COVID-19 Webinar Recording and Follow Up

http://campaign.r20.constantcontact.com/render?ca=7fc06b7a-39c7-4ebb-b5d7-cdc8811abc75&preview=true&m=1132383124210&id=preview&link_id=0&can_id=b835bca638898910755b3e2c562d06f2&source=email-covid-19-webinar-recording-and-follow-up&email_referrer=email_746688&email_subject=covid-19-webinar-recording-and-follow-up

NJTRO COVID 19 FAQ

Brothers and Sisters: Here’s the Frequently Asked Questions regarding several scenarios regarding the Coronavirus. I do not agree with the compensation aspect of the FAQ. This pandemic is not a result of our/any members negligence. I am in discussion at the highest level regarding compensation. This is not the end all to be all. The Carrier and the State consider us “Essential Employees” well the Carrier should treat and respect us as “Essential Employees”. I speak for us as Smart-TD Local 60, but it’s my opinion all Union employees at NJT who cannot work from home and are working the frontlines should be recognized and treated with respect. This goes for the Conductors and Assistant Conductors of Smart-TD Local 60, Yardmasters of Smart-TD, the Engineers of Smart-TD and the BLE, the Bus Drivers of the ATU, and the Bus Driver of Smart-TD. President Trump has called for a National Emergency, N.J. is in a State of Emergency, but all of our members still show up to work everyday exposing ourselves to possible infection of the Coronavirus. The Carrier should want healthy members reporting to work daily. The Carrier should want a member to come to work because they are fit to do so, not because financially they may have too. As stated above, I will continue to address this issue at the highest level. The compensation above is a step in the right direction, but it’s just not enough. Any question, as always call me.

In Solidarity,

Jerome

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Rail Unions urge FRA to act on spread of Coronavirus

https://smart-union.org/news/rail-unions-urge-fra-to-act-regarding-spread-of-coronavirus/?fbclid=IwAR2r7OHJEN4rnU1scHVNaPmbje0lBl-2wygmkPYHu6pZwsGz2GRqVIM23eQ

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