CHICAGO (AP) — Federal investigators say the operator of a Chicago commuter train that crashed almost a year ago had alcohol in his system but it wasn’t a factor in the incident.

The Chicago Transit Authority train crashed into a slow-moving snow plow that was on the rails on Nov. 16. Thirty-eight people were hurt, including the train’s operator.

A National Transportation Safety Board report states that a hospital test showed the 47-year-old operator had a blood-alcohol level of 0.06% about an hour after the crash, the Chicago Sun-Times reported Thursday. The federal limit is 0.02%. The state limit in Illinois is 0.08%.

An additional test at a federal laboratory revealed his blood-alcohol level was 0.048%, according to the report, which was published Aug. 8.

NTSB officials said in a statement to the Sun-Times that the alcohol didn’t cause the crash.

“The investigation is ongoing, however, at this time investigators have not found that the operator’s actions contributed to the accident,” the NTSB said in a statement to the newspaper.

The CTA told the Chicago Tribune that the NTSB had prohibited the agency from commenting on an ongoing investigation. The agency issued a statement saying it monitors employee drug and alcohol use by conducting hundreds of random tests of employees monthly. The train operator was hired in 2021 but never took a random drug or alcohol test during his tenure, according to the NTSB report.

The operator told investigators the train’s brakes didn’t work properly in the moments leading up to the crash, according to the report.

“I got the brake down, but I’m still feeling a little push on the train, so I’m like, I’m pulling it down,” the operator told NTSB investigators. “I jump on the radio, (saying) ‘train not stopping.’ I’m like well, my body’s going to get crushed.”

NTSB investigators said in the days after the crash that they were focusing on a design problem with the train’s braking system. NTSB officials said that preliminary findings suggested the train was traveling at 26.9 mph when it hit the snow plow.

The plow was on the tracks as part of training for the winter season.

Joseph T. Murphy, an attorney for several of the passengers who are suing the CTA, said his clients were disturbed to hear that the operator had alcohol in his system and that the agency should have been more forthcoming with that information.

Murphy said he didn’t agree with the NTSB’s conclusion that alcohol wasn’t a factor.

“If the person had alcohol in their system, it’s human error as well,” he said. “You can’t have someone driving around hundreds of passengers a day with alcohol in their system.”

A rail instructor who was working on the plow told investigators it appeared as if the train operator tried to apply the brakes but he knew a crash was inevitable.

“I was praying and hoping that it would stop, but the speed that the train was coming, I already knew that it wasn’t going to stop,” the instructor said.

The instructor hit his head and fell unconscious for a few seconds. He said the operator did slow the train somewhat, potentially saving lives.

“The operator is the real hero because if (he) didn’t slow down that train, I probably wouldn’t be here with you guys right now,” the instructor told investigators.

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