The engineer who was fired after the deadly Hoboken NJ Transit train crash in 2016 can return to work at the agency.

Thomas Gallagher of Morris Plains did "succeed partially in his binding arbitration," according to Jack Arseneault, Gallagher's attorney, but said he could not comment beyond that. The case was argued in a national railroad arbitration court.

Gallagher was the engineer at the controls of Train 1614 that crashed into Hoboken station, killing one person and injuring more than 100.

"To be clear, the Claimant's return to work is on a one-time, last-chance basis contingent upon his compliance with all the terms set forth in this Award," the six-page decision dated Aug. 28 said.

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There will be strict enforcement of the provisions Gallagher has to meet after he returns to his role as a train operator, which will first be a yard position.

"While we have found that the Claimant should not have been dismissed, it is not our intent to return an employee to an engineer position where he is again going to operate trains carrying members of the public right away," according to the decision.

Gallagher can begin operating trains with passengers when the agency is satisfied he has met several conditions outlined in the decision, including medical exams and treatment deemed acceptable to NJ Transit.

"While NJ Transit opposed the reinstatement of Mr. Gallagher, we are required to comply with the legal decision made by the arbitrator," spokeswoman Nancy Snyder said in an email. "Under provisions clearly defined in that decision, NJ Transit can and will restrict his duty to non-passenger trains.

"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."

Gallagher's train left Spring Valley, New York, on the morning of Sept. 29, 2016, bound for Hoboken Terminal. The four-car train was packed with 250 people and ordinarily would have run with six cars.

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As the train approached Hoboken, it suddenly accelerated to 21 mph, more than twice the speed allowed. The train crashed through an end-of-track bumper, jumped on the platform and came to rest at the wall of the station building.

The crash partially collapsed the station's roof, raining debris down on the train and the platform.

Fabiola Bittar de Kroon, who was on the platform, was killed, and more than 110 others were injured on the platform and the train.

The National Transportation Safety Board concluded in February that NJ Transit failed to diagnose and treat Gallagher's severe obstructive sleep apnea, a disorder that can cause fatigue and drowsiness. The NTSB also concluded that a speed-control system, such as positive train control, could have prevented the crash from occurring.

Gallagher will return to the agency with the seniority earned up until he was fired, but will not receive back pay for the time he was out of work.

Email: cwilson2@gannett.com