How does your organization with this issue? Can someone with Downs Syndrome be on train crew? What about medication? Assumeing they have a drivers licence how do you deal with this?

With the organizations I've been a part of, anyone who can perform an open position correctly, and who wants to do it, should be allowed to. Everyone can be given a chance to perform that job they want to do, so long as other people are not waiting for their turn to do it.
If it is found that a person cannot perform a job safely or correctly, then management should step in to see what can be done to help the person along. If they still can't do it without extra help or constant watching, then they should be told why and removed from the position.
So they can try out, and if it doesn't work out, they wash out.

People who are taking medications, or are in poor health (mental health included) should not be running trains. Train crews should have to pass a physical and drug test before they go to work. The unfortunate reality is that there are many volunteers out there with health problems who are operating trains, and we all know about it. How many railroaders can you think of that have poor eyesight or can barely climb the vestibule, or locomotive steps, but they do a good job?
I can think of several people I've worked with who are disabled, and were better co-workers than the fully able schmucks we had to deal with.

Hiring and training volunteers or employees with disabilities should not matter so long as the job is done safely, correctly, and fairly.

Brian Hebert

When I was an operating superintendent we required a valid drivers license for crew members. We did give a waiver to one member who never ever had a drivers license. (He never wanted or needed to drive, the ultimate streetcar fan.)

That way the DMV is the bad guy if a person's driving license is cancelled because of poor vision, medical problems, dementia, too many DUI convictions, etc. In California a physician can report an unsafe driver to the DMV. The museum has no liability for conducting competent medical or vision exams.

We did give color blindness tests because a color blind person can hold a valid California drivers license. These tests don't require any special training or equipment and require only a minute or two for a person to look at several printed pages.

In one case we suspended an operator after an incident of what was diagnosed as micro-sleep until he produced a letter from his family doctor saying the condition was under control and that he could operate safely.

Our operating agreement with the City of Tucson has required that all streetcar operators maintain a current CDL with passenger endorsements and valid medical certificate. If the doctor and DOT pass you, you're medically fit for service.

So how many operations have you come across where someone with down syndrome or autism is running equipment. My expearence is that for some reason traction museums are more open minded. I have been to a few where some of the operating crew seem to have autism (I am no doctor) but when it comes to railroad museumes I know of no one, in fact I have read that people with autism tend to like trains but have never found any evidence of any of them being more than car host or getting any railroad job. I hope I am wrong in this.

The reality is that if someone with a mental disability is running a train or trolley, you're not going to know it because the operator has a very low-key disability.

Autism runs the spectrum (from what I understand as a non-physician) from a simple little bit of attention deficit disorder (or "too-much-attention disorder"--a laser-like focus on the task at hand to the point where they wouldn't notice if the building burned down around them) to full-blown, can't-leave-them-alone autism syndrome. I've seen people with what were supposed to be varying levels of autism that, say, I'd never let drive a car, but were wonderful at being a cashier/front desk person, or who were in their element at a computer keyboard but simply shouldn't be out in public. Or, they'd never be a good docent or guide, but they're fanatical about paint stripping and restoration, or cleaning cars for the start of the season.

And all of this is, of course, completely different from someone who is hearing-impaired, has Parkinson's Disease, is confined to a wheelchair, etc. It is, of course, completely impractical to have someone in a wheelchair expect to hand-fire a steam locomotive, but that won't stop the most determined ADA litigant from trying to force you to accommodate him.

Autism and railfanning: Do a search, and you'll find that the topic has been addressed here before, many times.

That is a really interesting question.

The key concept here is not the diagnosis but the ability to properly perform the tasks.

Down's Syndrome is defined as having a third copy of Chromosome 21 and the statistically most frequent results is a significant intellectual disability. While the average IQ of an adult with Downs seems to be around 50 the range extends up into the allegedly normal. The available data indicates that 99% of those diagnosed with Down's manifest some level of intellectual impairment. That intellectual impairment would make the ability to pass various qualifying examinations for an operating position exceedingly unlikely. There are several other impairments which also often occur which result in auditory and visual problems along with chronic cardiac problems, all of which could also be disqualifiers.

That third chromosome in and of itself is not a disqualifer. It entirely possible, though highly unlikely, that a person could be born with that extra chromosome and still win the statistical lottery with none of the commonly associated impairments manifesting themselves to the degree that they impacted on the ability to be a member of an operating crew.

Autism is a whole nother animal. It is less well defined than many other disorders, the causes are far less clear, may or may not include Asberger's Syndrome, covers a wide spectrum (as do most mental / behavioural disorders) and may actually be better described at least some of the time as being a different neurological operating system rather than as a disorder per se. One of the reasons for what appears to be a significant increase in the incidence of autism in recent years is the fairly recent definition and re-definition. Autism now has its own political subculture(s) trying to deal with the definition and treatment questions and where the line is within the autistic population between 'normal' and 'disabled' and whether or not there really is such a line.

Once again the question needs to be dealt with not on the basis of a diagnosis but with the individuals ability to perform the functions. The range of ability within the autistic population is as great as that within the population as a whole. The proportion of the population which falls somewhere on the autistic spectrum is high enough that it is not only entirely possible but highly likely that you have seen an autistic train crew member and simply did not realize it. More importantly, why should you?

Brother Mitchell's legitimate concerns vis a vis the lunatic fringe of the disability rights movement not withstanding, an organization which bases its policies on the ability to perform specific, defined tasks safely and reliably and not on the the simple fact of a diagnosis should be able to weather any such storms.

GME

Can anyone speak with authority as to how the Class 1's and Amtrak handle the same issues? How would they determine an employee's suitability for the position? Do any of the pre-employment tests include mental evaluation of any kind. I suspect that the issues would like become apparent during the rigorous training and qualification process.

Obviously that only applies to operating crews, but I think that's the main concern. If you have a docent for example, that has certain disabilities, the only thing that matters is whether or not he can safely and properly perform the duties assigned. Should you choose to adjust the duties assigned to match his abilities, then that's between you and the "employee". Some businesses, for example Home Depot, work hard to find meaningful employment for folks who are challenged in a variety of manners.

As for Asperger's syndrome, here's a good intro to the subject if you're not familiar with it.
http://archive.wired.com/wired/archive/ ... rs_pr.html

Based on what I've read, a fascination with trains is fairly common among people with Asperger's. It is quite likely you'll find somebody with Asperger's syndrome in most large railroad organizations. Once you've researched it a bit, you'll find out that's not all bad, and in fact what makes them different from "normal" may actually be an advantage. Attention to details, laser focus, obsessed with technical matters. These aren't all bad, especially in certain occupations.

Also, keep in mind that there are a lot of degrees to this, and they have varying affects. Quoting the article.



"...eccentric normality." Got any folks that fit that description at your favorite museum or tourist railway? Not me of course, I'm perfectly normal, but I do know a few...

Actually, that was correct for us at the time as the doctor we used was also our Medical Review Officer. He performed all of the necessary functions in house. As far as FMCSA, qualification was up to DOT or the approved third party testing organization. Of course, none of this was or is required by statute-this was only required by a contractual agreement between the City and our organization for insurance purposes.

I won't name names and places, but when I lived in the East, I knew of a train fan who bascially had every ailment you could imagine (people called him, "Richard the Third" behind his back, which gives you an idea of what he appeared like) and went to museums and tourist operations looking for a place he could sue for not allowing a person of his twisted frame as a passenger. He never found that, but last I heard of him, he was looking for lawyers to sue a specific operation who denied him the chance to run trains due to his inability to really do much more than sit in one place and move one hand (and talk, of course). I have often wondered his many people like him are out there. I was at a model train show over the weekend and I think I was one of only 3-4 people not walking with some manner of impairment. Many of them had canes and walkers, and I am not refer to just the elderly ones, either.
Let's face it, 'normal' people never mess with trains more than being stuck at a grade crossing by one or an occasional trip on Amtrak.

Brother Walker,
Thank you for clarifying that the meeting the FMCSA requirements was a contractual condition and not a statutory one. I was fully expecting somebody to start insisting that a CDL was federal requirement to operate a streetcar and to cite your post as his authority..

P51
R3rd is exactly why refusing employment or a specific volunteer position has to be based on ability to perform specific tasks rather than the diagnosis per se.

I recall a discussion some years ago about an amendment to the operating and safety rules of a particular organization to allow a visually impaired member to operate certain equipment with an amanuensis. The amanuensis had to also be fully qualified to operate the equipment and I do not recall ever hearing of a resulting mishap.

GME
(Who has never claimed to be normal...)

Addendum:
In answer to a back channel message a few minutes ago:
Uncompensated, untreated dyslexia which prevents reading or properly comprehending written instructions including rules and timetables and producing proper written communication (inspection records, delay reports, switch lists et cetera) may also be a disqualifier. Again, however it is the ability to perform the task which matters, not the diagnosis.

To the person who contacted me - There is a state university near you which has a very strong adult remedial reading program through their school of education. I strongly suggest that you contact them.

Arizona Department of Transportation (as there is no such thing as Department of Motor Vehicles here in Arizona). Actually, there is no statutory requirement for licensing of street railway operators. Arizona Department of Transportation handles everything related to transportation-from collecting registration fees to licensing and law enforcement. They receive the long form when you go in for the medical examination.

Funny thing is that the only way that the City (or any municipality) can enforce violations of the motor vehicle code on street railway operators is through contractual agreement. The motor vehicle code is specifically worded such that it excludes streetcars that are powered via an external power source (electric or cable). Also, the State of Arizona generally prohibits county or municipal authorities from passing local ordinances that are more restrictive than the state code. The whole issue was originally related to insurance as the increase in premiums in the late 1990s threatened the viability of our operation. The CDL requirement was a condition that we agreed to in order for the City of Tucson to include our operations in their Risk Management program.

I should note that we are no longer under their Risk Management program as decreases in insurance premiums and our improved financial situation permitted us to resume insuring our own operations through a private carrier. We will continue to require operators to possess a CDL as we do have motor vehicles in our collection that require a CDL to operate and any joint operations agreement with SunLink (the Modern Streetcar Operator) may require our operators to maintain a CDL.

California Vehicle Code:

We do that by maintaining personnel files. The files include the operator's volunteer application, photocopies of CDLs and medical certificates. Each operator is required to pass a check ride annually on each car that they are qualified to operate in addition to surprise inspections/check rides. The forms completed by the inspector are also part of their record. We also include Training Logs for each car that the operator has trained on and their initial certification test for each car. As we add buses, the same practice will be followed.

Check rides consist of verification that the operator observes all required regulations and instructions and operates the car in a safe, professional manner. The inspector might board the car at the barn with the crew, or he might board the car at any stop on the line. As an inspector, I vary my routine so as not to have a pattern. Sometimes I meet the crew at the start of the first shift and observe them putting in, other times I board the car at some point on line.

We also maintain records of infractions and incidents in each operator's file. Virtually all of the incidents are reports of collisions with motor vehicles. All incidents are referred to the Safety Committee for review and the results of the review maintained in the file. In all the time we have operated, I can only think of one collision that was the fault of a streetcar operator.

We have gone a long way from a question about Down's Syndrome and Asperger's haven't we.

The fact that a CDL may not be required by statute to operate a train or a trolley, that does not stop it from being imposed by contract. A state could not impose that requirement on a common carrier as they are regulated federally and the undue burden doctrine would apply in addition to preemption. Joe's Short Line or for that matter BNSF is fully within their rights to us a valid CDL as a screening criteria even though a state cannot require it. (Ignore the labor issues for now.) This would have made quite a bit of sense prior to the post-Chase requirement for federal licensure. Similarly if I am operating an industrial haulage road which is entirely on private property and does not cross a public road at grade my drivers are not required by statute to have even basic drivers' licenses but if I do not require it my insurance carrier probably will because it establishes a clear standard of car in the selection of my drivers. Same way with the Old Pueblo Trolley, they are not regulated by the FRA and there is no semblance of preemption. While it is not a statutory requirement and a trolley accident or violation will not accrue points an operators CDL, it is still a reasonable contract provision to insure that standard of care.

The real problem sometimes is not following a particular law or regulation but figuring out which one to follow.

GME