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The Federal Railroad Administration (FRA) has taken a major step toward preventing human factor-caused train accidents. The agency recently issued a federal regulation that places more accountability on railroad management and workers to comply with basic operating rules.

The regulation defines three levels of responsibility and accountability: railroad managers, for implementing programs designed to test employees' proficiency in abiding by applicable operating rules; supervisors, for "properly administering" the operational tests; and employees, for complying with the rules. Workers have a "right of challenge" to invoke if they're instructed to take actions that, in good faith, they believe would violate operating rules, the FRA said.

The agency will monitor compliance through inspections and audits and levy fines ranging from $7,500 to $16,000 for violations, such as improperly lined track switches, shoving rail cars without a point person and leaving cars in a position that obstructs a track. Those violations currently are subject to internal railroad standard operating procedures and addressed through employee disciplinary procedures or other corrective actions.

"We want everyone to know how to do their jobs safely every time, every day, no matter what task they are performing," said FRA Administrator Joseph Boardman in a prepared statement.

Human error is a leading cause of train accidents. Between January and November 2007, 38 percent of the 2,330 train accidents that occurred primarily were caused by human factors, according to preliminary FRA data. The second-highest cause: track defects, at 35 percent.

United Transportation Union officials believe that, although the regulation's intent should be applauded, there's likely a better way to differentiate between an employee who willfully violates federal rules and one ordered to do so by a supervisor. The officials question what would happen to an employee who caused an accident after being instructed to work beyond his or her allotted hours.