Investigators found Thomas Gallagher suffered from untreated “severe obstructive sleep apnea.”
NJ Transit fired Gallagher, but last month he won an appeal allowing him to operate trains again.
The agency said he will not be allowed to operate passenger trains, just trains in the yard.
“While NJ TRANSIT opposed the reinstatement of Mr. Gallagher, we are required to comply with the legal decision made by the arbitrator. Under provisions clearly defined in that decision, NJ TRANSIT can and will restrict his duty to non-passenger trains,” New Jersey Transit said in a statement. “In addition, the decision lays out rigorous testing and compliance that Mr. Gallagher must adhere to including training and re-certification for operating a locomotive as well as strict medical oversight. NJ TRANSIT will be strictly enforcing compliance in all of these areas.”
Fabiola Bittar de Kroon, 34, was killed by falling debris when the train barreled into the terminal on September 29,
2016. She left behind a husband and 22-month-old daughter, who she had just dropped off at daycare.