Report says FRA glossed over criminal cases

OREANDA-NEWS. March 01, 2016. The Federal Railroad Administration (FRA) has routinely prescribed civil measures for hazardous materials violations even though 17 of them should have been referred for criminal investigation, an audit report said.

"Our review revealed that the [FRA] Office of Chief Counsel policies and procedures focus on processing penalties in a timely manner and avoiding litigation," the report by the Department of Transportation (DOT) inspector general said. "As a result, penalties have little deterrent effect."

The report recommended that staff report suspected criminal violations to the inspector general and that inspectors receive new guidance on recommending more serious penalties than usual. It also called for the Office of Railroad Safety to periodically assess national hazardous materials transportation risk and improve inspectors' access to information.

FRA noted that the tools it has used, which resulted in \\$15.1mn in fines or settlements in fiscal year 2015, have been effective in reducing train-related deaths by 15pc and injuries by 7pc over the last 10 years.

"The penalty guidelines we use reflect the relative severity of the violations routinely presented for enforcement and enable us to achieve our enforcement mission efficiently," the agency said.

But the agency's response added that it would implement the seven recommendations by the inspector general by March 2017.