The Council of Ministers has approved this Tuesday a royal decree-law that will allow railway professionals to interrupt the running of a train or refuse to start a journey when they detect a serious and imminent risk to safety, without exposing themselves to workplace reprisals for adopting that decision under the conditions provided for by the standard. The text also modifies the counting of driving times for train drivers, expands the inspection powers of the State Railway Safety Agency (AESF), and extends the reduction coefficients for the retirement age to certain workers in the sector.
The approval comes one week after Óscar Puente resigned as Minister of Transport, following the Urda railway accident (Toledo), and at the start of the strike days called by train drivers. The Ministry of Transport links the new provisions to trade union demands and brings together in the decree four amendments related to working conditions and the safety of rail traffic.
Workers may stop traffic in the event of a serious danger
One of the main changes affects the ability of railway staff to act when they detect a situation that seriously compromises safety. The reform of the Law on the Railway Sector will expressly recognize their right to adopt necessary and proportionate measures to avoid a serious and imminent risk or reduce its consequences.
Among those measures is the possibility of stopping a train that is already running or deciding that it does not begin its journey. The worker must communicate it without delay to the corresponding parties responsible, but will have protection against possible penalties or workplace reprisals when their action meets the legal requirements.
The protection will also extend to those who report risks through companies’ internal channels or public notification systems. These procedures must guarantee the confidentiality of the people who provide information about possible safety problems.
The decree thus incorporates into railway legislation the principles of the so-called "just culture", which seeks to encourage the reporting of incidents and risks without workers fearing disciplinary consequences for informing about them.
The regulation also provides that no sanctions will be imposed when an offending conduct has been previously reported, has ceased, and there is full cooperation with the investigation. This protection will have limits: intentional acts, committed in bad faith or committed with gross negligence are excluded.
Breaks of less than 45 minutes will be counted as driving time
The Government has also modified the rules for calculating how much time a driver drives. The new regulation will include the maneuvers in which the professional handles a moving rail vehicle and the interruptions during which the professional remains responsible for the train, even if it remains stationary.
The most specific change affects the breaks between two driving periods. All interruptions of less than 45 minutes will be counted in full as driving time, even when the driver has been relieved of responsibility for the vehicle, does not have to monitor traffic, or is carrying out other tasks.
Interruptions of 45 minutes or more that take place during rail tests, trials, inspections, or verifications will also be included.
The amendment also includes certain driving work carried out outside the Network of General Interest, such as that performed by professionals authorized to operate shunting vehicles or infrastructure machinery.
When exceptionally a vehicle is driven by two drivers, one authorized for the train and the other for the infrastructure, the driving time will be counted simultaneously for both.
More powers to inspect trains and rail facilities
The State Railway Safety Agency will have greater legal assurances to access the resources necessary during its supervisory actions.
People and companies subject to an inspection must facilitate access by AESF staff to their facilities and equipment. The obligation will extend to rail entities that have rolling stock, infrastructures, or equipment necessary to carry out the checks.
With this amendment, inspectors will be able to access trains and facilities even if they belong to a different company from the one being supervised, as long as it is necessary for the action.
The reform aims to prevent that the ownership of a vehicle or an installation hinders safety checks, especially when multiple railway companies are involved.
Early retirement is extended to workers of other railway companies
The decree also modifies the conditions for access to early retirement through reducing coefficients for certain rail professionals.
The Government extends the regime provided for in the article 3 of Royal Decree 2621/1986 to staff of railway companies that operate on interoperable lines or on the Railway Network of General Interest, with the purpose of equalizing the treatment of those who carry out the same functions.
Reducing coefficients make it possible to bring forward retirement age in certain activities considered especially arduous or dangerous. The extension approved seeks for professionals who perform equivalent work to be able to avail themselves of the same regime, regardless of the railway company for which they work.
In addition, Transportes will initiate a procedure to study the inclusion of other professional categories whose positions involve exposure to arduous, toxic, dangerous, or unhealthy conditions.
The review will be processed in accordance with Royal Decree 402/2025, of 27 May, and will involve union participation. In its communication, the Ministry does not specify what new categories could be incorporated nor does it set a timetable to conclude that procedure.