Tanker, we don't have the old dead man pedal anymore. On cab cars, you have a small button that has to be depressed approximately every 30 to 45 seconds. Same on the P42 locomotive on the train. It can be cut out, but the seal would have to be broken, and he wouldn't jeopardize his job just for that issue. When the button is not pushed, the brakes go into a penalty application, in other words they set at a service rate, vs a full blown emergency application. With a 7 car train, running 70 mph, he would have had to start braking 1/2 mile to make a smooth transition from 70 to 30. That said, he was operating from a cab car. The engine on the rear. When he applies the brakes, he gets blended braking, Car brakes apply, as well as dynamic braking on the engine. You'll stand people up if used forcefully, it brakes that good.
If, as he said, the jolt of starting into the curve woke him. Then the derailment was a forgone conclusion. Although a passenger train schedule is better than a freight pool, extra board engineers still haven't really got a handle on when they go to work. You could know only 2 hours before sign up. No excuse for nodding, just a possible factor. As with every rail accident, no matter which company, we are always briefed and told known details by Company officials, and told to be alert and careful.
What we where told is, he was clean, no D&A involved. His cell record was clean, no calls, texts, etc. Understandable since we could face 10,000 fines for just having one on. He had a good work record, with no prior discipline or safety violations. As for the speed, I have no doubt the speed given was correct, however, they will have to measure wheel diameter to insure the recorder is accurate. It will be adjusted more precisely when that's done.
As for the Union, it's not their place to block in any way the investigation.