A new calculation of driving hours and more supervision: Moncloa approves measures on the first day of the train drivers' strike

MadridOn the first of the three days of strikes planned for Rodalies, but which extend to the railway sector across the state, the Spanish government is trying to appease the train drivers with a package of urgent measures to strengthen railway safety and the social protection of professionals in the sector. Specifically, the Council of Ministers has approved a decree-law (which will have to be voted on in Congress, at the Permanent Deputation) that seeks to respond to the demands of the trade union organizations with measures such as a more precise calculation of the driving time for train drivers, a reinforcement of the supervision and inspection powers of the State Railway Safety Agency (AESF), and expanding retirement age reduction coefficients to more railway personnel, according to a statement from the Ministry of Transport, now under the leadership of Carlos Cuerpo.

A 24-hour strike is scheduled for this Tuesday, while partial stoppages are contemplated for the remaining days. In last Friday's meeting between the train drivers' unions (Semaf, CCOO, and UGT) and the new Minister of Transport following the resignation of Óscar Puente, the Spanish government appreciated "progress" in the negotiation, but this has not been enough for the train drivers to call off the strike. It should be taken into account that the current demands of the railway sector date back to February. At that time, unions and the Spanish government already agreed to strengthen railway safety following the tragic accident in Adamuz, Cordoba, in which 46 people lost their lives, but also due to the fatal accident in Gelida. The conflict has intensified with the accident in Urda, Toledo, in which 69 people have died.

Driving time calculation

In the case of reinforcing the calculation of driving time, maneuvers involving the handling of the railway vehicle and interruptions during which the driver remains responsible for the vehicle, with attention to railway traffic or maneuvers, shall be included. Interruptions of a duration equal to or greater than 45 minutes that occur during tests, trials, auscultations, or verifications shall also be considered driving time.

Likewise, in exceptional cases where driving is performed by pairs of drivers, one qualified for the vehicle and the other for the infrastructure, driving time shall be calculated simultaneously and in the same way for both.

More supervision

The project also proposes that all natural or legal persons who are the subject of a supervisory action be obliged to provide supervisory personnel with access to their facilities and equipment in the exercise of their functions. In addition, railway entities must provide access to their facilities, rolling stock, and equipment when necessary to carry out a supervisory action. This measure is intended to allow the Agency to carry out its actions regardless of whether the facilities, trains, or equipment necessary for the inspection belong to the entity directly under supervision or to another railway entity.

The new regulation also recognizes the right of workers to adopt "necessary and proportionate" measures in the face of situations of serious and imminent risk to safety, with the aim of avoiding or limiting them. These measures may include stopping a train or deciding not to start it. Furthermore, protection is established against possible labor retaliation or sanctions for individuals who report risks or act to preserve safety.

The decree-law also extends the retirement age reduction coefficients to railway professionals. Additionally, a review procedure for the coefficients will be initiated with the aim of studying the inclusion of other railway professional categories exposed to arduous, toxic, dangerous, or unhealthy jobs.