johnpbarlow wrote: ↑Wed Aug 11, 2021 6:53 am
5 Investigates has learned that the operator in the Green Line crash had been terminated with pay in August 2017, and rehired in October 2017.
daybeers wrote:Bruhhh it's not that hard to not be stupid at management!
typesix wrote:Not always management, Carmen's union may have a hand in the rehiring.
Okay, I'm coming from a MTA Maryland perspective, so I don't know MBTA rules, regs, and their unions' collective bargaining agreements. All three are going to come into play here, though. It looks like the operator's gotten his drug test almost immediately, which is good.
First, any leak to the press from MBTA or MassDOT is going to impact an investigation. You know the NTSB is already investigating -- they pushed out the "30 in a 10" prelim report. The NTSB looks at all avenues, so his career record is going to be part of the investigation. Whatever safety department MBTA has will also be investigating. That means any FOIA request is going to be denied for the time being for a legitimate concern.
Second, I will not be surprised if the ability to operate the train (be an "operator" in MTA MD speak) is tied to one's driving license. MTA Maryland ties it -- and if you go over a certain number of points on your regular license, or you get it suspended (with one exception), you can't drive a bus or operate any train until it's cleared up. I had to work on that system during my time there. It sounds like MBTA ties it too... which means the NTSB is going to pull it as part of their investigation.
Third, a FOIA request is going to fail anyway due to Massachusetts law. MBTA is a state agency, and thus the records are considered "of a commonwealth employee"... which by law is exempt from FOIA requests.
That said... 27 injured... If anyone had died, I would bet even money the operator would be fired then and there. There is one regulation MTA Maryland has -- if the accident was preventable and no action was taken to prevent a death, the operator's fired.
Wait until the NTSB and MBTA investigation completes. We'll get a 30-day update early next month.