CTA Yellow Line train operator faces firing under rules on alcohol use — but agency can’t take action yet

The Chicago Transit Authority says it has been unable to discipline a train operator who crashed last November, then tested positive for elevated blood-alcohol levels, because the employee remains off the job due to his injuries.

But the employee likely faces automatic dismissal if and when he returns to work under CTA employment rules.

The transit authority explained its employee alcohol-use policy to the Sun-Times after a federal report revealed the employee had a blood-alcohol content of 0.048%. Meanwhile, a passenger and his lawyer expressed frustration with the months-long delay in this information being made public.

In accordance with applicable federal regulations as well as CTA’s policies and guidelines, and based on the circumstances, employees who test positive are subject to discipline, up to and including discharge, the CTA wrote in a statement.

The operator, in this case, is currently on inactive status due to his injuries from the crash. Employment action, if any, will occur upon his return to active status.

Authorities have said the operator was piloting the train south toward the Howard Street station the morning of the Nov. 16, 2023, crash, when, while taking a blind turn near the Howard CTA depot, he found himself barreling toward a slow-moving snowplow unit using the same tracks for a training exercise. The operator slammed on the emergency brakes, but the train still crashed into the plow. Nineteen people were hospitalized.

Operator’s history and background

The operator was hired by the CTA in February 2021 to clean buses, according to National Transportation Safety Board records. He began operating trains on his own on August 4, 2023, less than four months before the crash.

Alcohol policy and discipline

The CTA has a zero-tolerance policy for alcohol use by employees. According to CTA policy, which must conform with federal standards set by the U.S. Department of Transportation, rail operators face disciplinary action any time their blood-alcohol level is measured above 0.02%, whether they’re involved in a crash or not.

If an employee has more than three years of experience, the employee is subject to a 16-week suspension without pay for their first violation. A second violation results in termination, according to CTA rules. Employees with less than three years on the job face automatic termination.

Employees also face automatic termination if they are involved in a serious crash — meaning that someone is hurt or property is damaged — irrespective of work experience.

Investigation and aftermath

Federal investigators with the NTSB have not completed their final report on the crash, which could take up to another year to complete. The NTSB has said it is investigating brake-stopping distances and whether organic material on the track caused the wheels to slip while braking.

The CTA shut down the Yellow Line for more than a month after the crash, reopening the route after lowering the train speed limit from 55 mph to 35 mph around the bend where the crash occurred.

Reaction from affected parties

Stephen Helmer, who was on the train with his family during the crash, said it was “troubling” to learn weeks before the anniversary of the crash about the employee’s alleged alcohol use.

“Now we have new information that’s been basically kept from all of us, all of the victims of this accident, for many months. Trying to process that is very difficult,” Helmer said.

Margaret Costello, her daughter Caroline, and her father, Stephen Helmer, stand outside Margaret’s home in Skokie, a day after they were injured in a CTA Yellow Line train crash. Costello said the stroller that her twins were strapped into saved their lives.

Conclusion

The CTA’s handling of the situation has been met with criticism from some, who feel that the agency has been slow to release information and has not taken sufficient action to address the issue of employee alcohol use.

Frequently Asked Questions

* What is the CTA’s policy on employee alcohol use?
+ The CTA has a zero-tolerance policy for alcohol use by employees, with penalties ranging from a one-day suspension without pay to automatic termination, depending on the employee’s experience and the circumstances of the incident.
* How did the operator’s blood-alcohol level compare to the federal limit?
+ The operator’s blood-alcohol level was 0.048%, above the federal limit of 0.04%.
* What is the current status of the investigation into the crash?
+ The NTSB has not completed its final report, which could take up to another year to complete. The CTA has reopened the Yellow Line, but the agency has lowered the train speed limit around the bend where the crash occurred.