Press Release  DPU Receives Favorable Report on Rail Safety Management from the FTA

BOSTON — The Department of Public Utilities (DPU) received a stamp of approval from the Federal Transit Administration (FTA) on the DPU’s safety oversight of the Massachusetts Bay Transportation Authority (MBTA) in the FTA’s most recent 2024 triennial audit. This audit reflects the tremendous work the DPU’s Rail Transit Safety Division performed to increase its oversight and compliance with federal and state requirements for safety oversight of the MBTA. 

The FTA’s 2024 audit results demonstrate the DPU’s significant progress from its previous audits and inspections. The FTA concluded in its audit that there are no issues of noncompliance with federal requirements for the SSO Program. As part of the FTA’s audit report, it acknowledges the DPU’s enforcement authority, highlighting the improvement in the state’s safety oversight of the MBTA’s rail system.

“Our Rail Transit Safety Division is one of the best in the nation, and it is great to see that the FTA commends the team's progress,” said Chair James Van Nostrand.  “We have come a long way since first given the authority by the FTA in 2018 and we continue to work hard to ensure the safety of MBTA passengers and employees.”

“Day in and day out, the team that comprises the Rail Transit Safety Division works tirelessly to make sure safety protocols are in place for the MBTA’s operations,” said Commissioner Cecile Fraser. “It is reassuring to know the FTA approves of our team and their dedication. Their hard work has not gone unnoticed.”

“In working closely with our Rail Transit Safety Division,  I see the commitment and skill that each member brings to the team,” said Commissioner Staci Rubin. “I am more than pleased that the FTA concluded that our staff conducted all investigations thoroughly and identified causal and contributing factors.”

In 2018, the DPU was certified by the FTA to administer the SSO Program. The DPU’s Transportation Oversight Division, which currently still handles the safety oversight of MBTA buses and regional transit districts, handled the state safety oversight responsibilities of the MBTA until a decision was made to establish a new division that would be solely responsible for managing the SSO Program. In late 2022, the DPU created the Rail Transit Safety Division and hired its first Director, Robert Hanson. Hanson is a venerable transit safety official having served previously with the Amtrak Police Department. The Division has more than doubled in staff size since its inception to include investigators, engineers, data analysts, lawyers, and an experienced leadership team that involves an Assistant Director of Compliance and Engineering and an Assistant Director of Safety Assurance who work closely with Director Hanson. The division’s constant engagement in both the field and administrative oversight ensures that safety remains the top priority across the MBTA’s subway system.

The DPU’s Rail Transit Safety Division is responsible for overseeing the safety of equipment and operations of the MBTA’s subway system and has regulatory authority over all public rail crossings in Massachusetts. The Division oversees the MBTA’s implementation of its transit safety plan, including its response to safety events. This Division conducts inspections of the MBTA’s subway cars, stations, and carhouses, and produces external safety and compliance audits including its own triennial safety audits of the MBTA. The safety of MBTA riders and employees is the top priority for the Rail Transit Safety Division.

The FTA’s 2024 audit reviewed the DPU’s implementation of the State Safety Oversight (SSO) Program. The SSO Program oversees safety of the MBTA’s rail transit (subway) system: the Red, Blue, Orange, Green, and Mattapan Trolley lines. The MBTA Silver Line is not a part of the SSO Program as it is a not fixed rail line. The MBTA is the only rail transit system in Massachusetts that is subject to FTA’s SSO requirements. There are thirty states in total that are required to have a SSO Program for their rail transit systems.

To conduct the 2024 audit, the FTA interviewed DPU and MBTA staff, visited several MBTA railway locations, and reviewed documents used by both agencies to direct, manage, implement, and monitor DPU’s SSO Program. The scope of the FTA’s audit also included how the DPU addressed noncompliance issues the FTA found in previous audits and inspections. The FTA verified that the DPU participates in accident investigations and conducts independent reviews of MBTA findings of causation. Further, the FTA concluded that the DPU ensured that all investigations were conducted thoroughly and identified causal and contributing factors.  

Previously in the spring of 2022, the FTA conducted a full safety management inspection of both the MBTA and the DPU based on reported safety events. During this inspection, the FTA determined that the DPU had seven open findings from FTA’s 2019 triennial audit out of 16 findings identified. The FTA also reviewed the organization, staffing, and technical capacity of the DPU to oversee a rail transit agency of the size and complexity of the MBTA. 

The FTA’s 2022 inspection also assessed the financial and legal relationship between the DPU and the MBTA. The FTA evaluated the DPU’s actions to oversee implementation of the MBTA’s Agency Safety Plan and Safety Management System. The FTA also assessed opportunities for the DPU’s SSO Program to conduct more active and engaged oversight of MBTA’s rail transit system. This inspection led to the FTA issuing two Special Directives to the DPU (22-8 and 22-13) and eight Special Directives to the MBTA in 2022.

The DPU worked diligently to address the FTA’s concerns. Its efforts led to the FTA’s full closure of one of the two Special Directives (22-8) issued to DPU, which was the first special directive ever closed by the FTA. In a letter to the DPU, the FTA stated, “[its] determination that DPU has satisfied all the requirements related to SD 22-8 represents a tremendous amount of work, and FTA greatly appreciates your efforts.” The DPU continues to work with the FTA to make progress on the last Special Directive. 

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