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railway safety act of 2023
Casey, Fetterman Push Norfolk Southern to Join Close Call Reporting System
"After the East Palestine derailment, Norfolk Southern announced on March 2 that it would join the C3RS report system," they noted. "However, since your initial announcement, you have not followed through on this pledge."
Aug 18, 2023
Democratic U.S. Sens. Bob Casey and John Fetterman of Pennsylvania on Friday urged the CEO of Norfolk Southern to follow through on a promise to take part in a "near-miss" reporting system more than six months after one of the company's freight trains carrying hazardous materials derailed and burned in East Palestine, Ohio.
In a letter to Norfolk Southern president and CEO Alan Shaw, Casey and Fetterman praised the company for its "important first step toward taking accountability by agreeing to participate in the Confidential Close Call Reporting System (C3RS)."
"After the East Palestine derailment, Norfolk Southern announced on March 2 that it would join the C3RS report system," the senators wrote. "However, since your initial announcement, you have not followed through on this pledge."
The senators continued:
C3RS is a promising program with real potential to improve rail safety, protect employees, and reduce incidents if adopted by a larger swath of the rail industry. C3RS acts as one unified database for reporting and, with NASA as an independent third-party administrator, ensures confidentiality and protects against retribution against employees who make reports. Ensuring that employees are not disciplined for reporting near-misses is key to making the program effective, as employees are more likely to report these incidents when they have a guarantee of anonymity and safety from retribution. In turn, addressing the near-misses reported through C3RS makes rail safer by preventing more serious catastrophes.
Casey and Fetterman noted that a recent Federal Railroad Administration (FRA) Safety Culture Assessment of Norfolk Southern "paid particular attention to the railroad's engagement with employees and management on safety issues" and found that company employees and management "do not always work to foster mutual trust." One in three labor leaders interviewed by FRA and a similar ratio of workers surveyed said they were reluctant "to stop an unsafe action due to a fear of retaliation or disciplinary action."
"FRA reported that members of labor and Norfolk Southern leadership indicated that some employees may be hesitant to use their company's internal near-miss reporting system 'out of concern that the report could be traced back to the employee,'" the letter notes. "Allowing the railroads to punish employees who report safety concerns would not only harm rail workers who are simply doing the right thing, but also undermine the program and make rail less safe."
The senators asked Shaw four questions:
- Does Norfolk Southern still intend to join C3RS?
- Will Norfolk Southern commit to formally joining C3RS before the end of this year?
- Since the FRA Safety Culture Assessment was published, what actions has Norfolk Southern taken to assess internal safety culture, particularly around mutual trust between employees and leadership?
- Does Norfolk Southern have data or other evidence indicating that employees at their railroads are more likely than those at participating railroads to utilize the C3RS program to avoid discipline?
According to a New York Times article published last week, freight rail companies have been working with the FRA on an agreement to the terms of their participation in the C3RS program. Vincent G. Verna, a vice president of the Brotherhood of Locomotive Engineers and Trainmen, told the paper that rail companies "do not want to relinquish their ability to discipline their employees who report something if they think there's a rule that has been violated."
Norfolk Southern told the USA Today Network on Friday that it is "making good progress toward operationalizing our membership" in C3RS.
"We met with FRA representatives in May to receive an initial briefing on the program, and with labor representatives this month to discuss the multiparty memorandum of understanding and the subsequent implementation of a pilot program," the company added.
Earlier this month, railroad workers marked the six-month anniversary of the East Palestine disaster by calling on Congress to pass comprehensive safety legislation to stop rail companies from "choosing Wall Street over Main Street."
"For years, workers have sounded the alarm about deadly safety conditions in the freight rail industry," the Transportation Trades Department (TTD) of the AFL-CIO, which represents 37 unions, said. "The industry's safety failures contribute to more than 1,000 freight train derailments a year."
Casey and Fetterman previously wrote Shaw demanding answers about Norfolk Southern's response and cleanup plans in the wake of the February 3 East Palestine derailment. The senators have also pressed the Environmental Protection Agency to hold Norfolk Southern accountable for releasing hazardous materials into the air and water.
The Pennsylvania senators also joined Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Josh Hawley (R-Mo.), and Marco Rubio (R-Fla.) in introducing the bipartisan Railway Safety Act of 2023, legislation that would impose limits on freight train lengths—which in some cases currently exceed three miles.
Amid the national focus on rail safety following the East Palestine disaster, workers, politicians, and safety advocates pointed to the railroad industry's profit-maximizing scheduling system that forces fewer workers to manage longer trains in less time. Unions and progressive lawmakers contend that this makes the nation's rail system more dangerous and contributes to derailments.
Some critics also noted that rail industry operatives spent more than a half-billion dollars lobbying against improved railroad safety rules at the federal and state levels over the past two decades, while others drew attention to the billions of dollars in stock buybacks and dividends issued by railroad companies—money advocates say would be better spent on ensuring better staffing and safety levels.
It's not just railroad companies. Occidental Petroleum, which manufactured the toxic chemicals released and burned after the East Palestine derailment, gave $2 million to the leading Senate Republican super PAC as proposed rail safety legislation stalled in Congress.
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Rail Unions Renew Push for Safety Reforms 6 Months After East Palestine Disaster
"Congress must pass a comprehensive rail safety bill that addresses the issues rooted in the industry's current operating practices," said one labor group.
Aug 03, 2023
Six months after a Norfolk Southern freight train carrying hazardous materials derailed and burned in East Palestine, Ohio, railroad workers on Thursday urged Congress to pass comprehensive safety legislation to stop their employers from "choosing Wall Street over Main Street."
"On this somber occasion, rail labor unions once again renew our calls for safety reforms," the Transportation Trades Department (TTD) of the AFL-CIO, which represents 37 unions, said in a statement. "For years, workers have sounded the alarm about deadly safety conditions in the freight rail industry. The industry's safety failures contribute to more than 1,000 freight train derailments a year."
"There have been more than 60 high-profile derailments since East Palestine, including multiple [incidents] in Ohio, Pennsylvania, and Montana," the labor group continued. "Through it all, freight rail companies have maintained their fundamental disregard for public safety. Safety is just a buzzword to the railroads."
TTD added:
Since the East Palestine disaster, rail companies have lobbied to evade or weaken safety provisions, such as the two-person crew minimum staffing standard in legislation pending before Congress. They have also sought to gut proposed safety requirements for rail inspections, defect detectors, and more. While fending off proposed safety measures, railroads have also repeatedly sought waivers from existing federal safety rules.
Shortly after the February 3 East Palestine derailment, chemical spill, and burnoff—which released toxins into the air and forced the evacuation of area residents—rail workers blamed what one member of the Brotherhood of Locomotive Engineers and Trainmen-Teamsters union called "greedy profiteers who externalize risks and reap profits at our expense."
In the wake of recent rail accidents, workers, politicians, and safety advocates pointed to the railroad industry's profit-maximizing scheduling system that forces fewer workers to manage longer trains in less time. Unions and progressive lawmakers contend that this makes the nation's rail system more dangerous and contributes to derailments.
Some critics also noted that rail industry operatives spent more than a half billion dollars lobbying against improved railroad safety rules at the federal and state levels over the past two decades, while others drew attention to the billions of dollars in stock buybacks and dividends issued by railroad companies—money advocates say would be better spent on ensuring better staffing and safety levels.
On Thursday, The Leverreported that Occidental Petroleum, the company that manufactured the toxic chemicals released during the East Palestine disaster, gave $2 million to the leading Senate Republican super PAC as "rail safety legislation stalled in Congress."
In March, U.S. Sens. Sherrod Brown (D-Ohio), J.D. Vance (R-Ohio), Bob Casey (D-Pa.), Marco Rubio (R-Fla.), John Fetterman (D-Pa.), and Josh Hawley (R-Mo.) introduced the bipartisan Railway Safety Act of 2023, legislation that would impose limits on freight train lengths—which in some cases currently exceed three miles.
While welcomed by some safety advocates, critics said the bill has "loopholes big enough to operate a 7,000-foot train through."
The Railway Safety Act was introduced a day after Democratic U.S. Reps. Ro Khanna (D-Calif.) and Chris Deluzio (D-Pa.) put forth a bill that would require the U.S. Department of Transportation to impose stricter regulations on trains carrying hazardous materials.
Later in March, Sens. John Fetterman (D-Pa.), Bob Casey (D-Pa.), and Sherrod Brown (D-Ohio) introduced the Railway Accountability Act, which would direct the Federal Railroad Administration to study wheel-related accidents and mechanical defects.
The legislation would also implement new brake safety measures, improve switchyard safety protocols, ensure rail companies provide adequate safety equipment to their workers, and compel large freight operators to report close calls and dangerous events.
Advocates lamented that none of the bills have passed in the six months since East Palestine.
"Congress must pass a comprehensive rail safety bill that addresses the issues rooted in the industry's current operating practices," TTD said. "Absent these federal actions, rail corporations will keep choosing Wall Street over Main Street and rail safety will further deteriorate."
"Above all, rail corporations must grapple with the moral bankruptcy of their current safety operations and come to their senses," TTD added. "If the moral calculation is not persuasive, perhaps the financial calculation will be."
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Norfolk Southern's 'Safety Plan' Includes Automation That Could Further Endanger Workers
"You can't just replace the manpower with a machine when it's not always as effective," said one railroad worker.
Mar 08, 2023
With railroad operator Norfolk Southern involved in numerous significant train derailments and other accidents in recent weeks, the company on Monday unveiled a "six-point safety plan" that officials claimed would "immediately enhance the safety of its operations."
But critics including rail workers were quick to point out that one aspect of the plan could worsen the growing problem of reduced railroad crews, which they say has contributed to dangerous conditions on railroads.
The plan calls for a number of improvements to Norfolk Southern's systems to detect overheated wheel bearings, which the National Transportation Safety Board said in a preliminary report appeared to be the cause of the train derailment in East Palestine, Ohio on February 3.
In addition, Norfolk Southern said it aims to accelerate its "digital train inspection program" by partnering with Georgia Tech Research Institute to develop new safety inspection technology the company claims could "identify defects and needed repairs much more effectively than traditional human inspection."
The technology would use "machine vision and algorithms powered by artificial intelligence," the plan reads—offering what journalist Sam Sacks said is likely a thinly veiled proposal for "further reductions" in the company's workforce.
\u201cNorfolk Southern put forward a safety plan that likely includes further reductions in its workforce.\u201d— Sam Sacks (@Sam Sacks) 1678116938
As Common Dreams reported last month, the national inter-union organization Railroad Workers United (RWU) has called for comprehensive legislation and robust action from regulators to keep rail workers and communities safe, warning that rail companies including Norfolk Southern have been lobbying for years for federal approval to reduce train crews and loosen safety protocols.
Rather than rail companies developing safety plans themselves, federal action is needed to guarantee "proper and adequate maintenance and inspection of rail cars and locomotives, track, signals, and other infrastructure, RWU co-chair Gabe Christenson said in a statement Monday.
Rail workers have "predicted stuff like" an increased reliance on automation, railroad worker and RWU steering committee member Matt Weaver told Common Dreams on Tuesday, as "the Precision Scheduled Railroading [PSR] business model" used by rail companies "calls for doing more with less."
Under PSR, rail companies attempt to maximize profits by running trains on strict schedules and cutting back on equipment and staff. Railroad unions have said the system and the resulting lax safety protocols are an underlying cause of recent train accidents including the East Palestine derailment, another derailment that took place in Michigan less than two weeks later, and a collision between a Norfolk Southern train and a dump truck on Tuesday in Ohio, in which conductor Louis Shuster was killed.
Weaver noted that RWU and his own union, the Brotherhood of Maintenance of Way Employes Division (BMWED), aren't opposed to the use of automation in inspections entirely.
"We used to have 12-man gangs that put all the ties in by hand and everything, and now we have lots of machines which do help us live longer and not have our backs or our hips, knees, shoulders [get injured]," he told Common Dreams. "But you can't just replace the manpower with a machine when it's not always as effective. Eyes on the rails and the tracks can catch some things the machines do not."
"We've accepted those as additional help," he added. "Not as a replacement."
Last year, as railroad companies including Norfolk Southern demanded that the Federal Railroad Administration (FRA) allow them to continue pilot programs testing automated safety inspections, BMWED noted that according to FRA data, the causes of 48 train accidents that took place between 2016 and 2021 could only be detected through visual inspections while just 14 could be detected through "enhanced track geometry inspection" done by machines.
"Over 50% of the accidents that happened from 2016 to 2021 do not even have the ability to be found by the technology that they're looking to use," Roy Morrison, director of safety for the union, told Freight Waves last May.
In recent days rail unions have denounced an attempt by Norfolk Southern to use workers' demands for paid sick leave against them—offering BMWED members four days of sick leave in exchange for the union's support for its automated inspection program.
"Norfolk Southern's proposal was ultimately for the union to be complicit in Norfolk Southern's effort to reduce legally required minimum track safety standards through supporting their experimental track inspection program without a sensible fail-safe or safety precautions to help ensure trains would not derail," wrote Jonathon Long, general chairman of the American Rail System Federation of the BMWED, in a letter to Ohio Gov. Mike DeWine. "In other words, Norfolk Southern's proposal was to use your community's safety as their bargaining chip to further pursue their record profits under their cost-cutting business model."
Weaver argued that strong comprehensive railroad safety legislation is needed to compel railroad companies to keep workers and communities safe. RWU has expressed support for some aspects of the bipartisan Railway Safety Act of 2023, introduced last week, but warned that loopholes will allow companies to "avoid the scope of the law without violating the law" and ultimately use the legislation to reduce staff.
"That's kind of their ultimate goal," Weaver told Common Dreams. "And you can't trust a capitalist industry, a for-profit industry to self-regulate. We have to have government intervention. So it's time for the regulators to regulate and the public servants to serve the public."
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