TALKING SAFETY
We can’t let recent train problem go off the rails
In an effort to prevent future crashes as what occurred in East Palestine, Ohio, from happening in Upstate New York communities, U.S. Senate Majority Leader Charles E. Schumer recently revealed a letter sent to the major railroad companies demanding answers on the actions they are taking.
The Majority Leader said the abhorrent train derailment in East Palestine, Ohio, highlights the need for serious reforms in how railroads communicate with local communities, and the steps they are taking to stop preventable accidents.
Schumer, a longtime champion of rail safety who led the charge to get rid of the dangerous, crude oil-carrying DOT-111 train cars, remarked it is time for immediate action on train cars carrying hazardous materials and ensuring locals have proactive and detailed sharing of information about trains carrying hazardous materials through their communities.
“The horrifying train derailment in Ohio has people across Upstate New York rightfully concerned about the safety of trains coming through their communities every day. These railroad tracks often run right through residential areas as well as bustling downtown hubs full of local businesses and restaurants, and a hazardous chemical spill could be disastrous,” Schumer commented in a video press conference earlier this week.
“That is why I am demanding answers from major rail companies on what steps they are taking to work with locals, as well as getting them to improve their communications with local governments and first respond
ers. We can’t let this problem go off the rails any further — I am pushing to hold these railroads accountable in order to stop preventable accidents and get first responders the support they need to keep our communities safe,” Schumer commented.
In his letter to Norfolk Southern, CSX, and the other major railroads, Schumer demanded the companies outline steps they are taking to improve rail safety and better communicate notifications to all levels of government to ensure a preventable tragedy like Ohio’s never happens again.
This builds on Schumer’s advocacy nationally, getting the CEO of Norfolk Southern to testify before Congress. Specifically, the senator pressed rail companies on what changes their companies will make in light of the recent disaster, how they notify local communities, and how they will support the emergency responders by ensuring they have the resources they need.
Schumer posed the following questions to the railroad companies in his letter:
1 — Describe in detail what your community outreach process looks like. How can local government officials and emergency responders in New York get the answers they need from your companies?
2 — What is your current policy on notifying New York State, local government, and first responders for trains carrying hazardous materials? How often do these communications occur?
3 — How will your companies ensure that all local communities along hazardous and toxic material train routes have the appropriate resources to respond to any potential hazardous materials incidents?
4 — Please outline in detail how your company plans to work with local governments to respond to any potential disaster. What steps are you taking to prevent any potential disasters from occurring?
5 — How many rail car inspectors has your company employed each year for the past ten years, nationwide and in New York? If there has been a decrease in the number of inspectors, why is that?
6 — In light of the Norfolk Southern accident in East Palestine, how do you plan to address rail safety inspections in the future?
7 — The NTSB has identified a journal bearing as the cause of the derailment and has noted that wayside detectors played a role in the accident. How are your wayside detectors calibrated to detect defects? How far apart are they placed? How often are defect detectors maintained?
8 — What other defect detection methods, if any, do you employ?
9 — Describe the protocols your company uses to respond to defect alerts from wayside detectors. Are there ever instances when the detectors are ignored? How many times has that happened in the last ten years?
10 — Will your companies commit to having your conductors and other rail employees undergo additional safety and response training?
Schumer has been a tireless advocate for making improvements to rail safety across New York, and he has taken numerous steps to prevent possible issues from trains carrying hazardous materials.
In 2013, Schumer successfully pushed the federal DOT to regulate dangerous crude oil-carrying
DOT-111 tank cars, sometimes referred to as “bomb trains,” that were then common in Upstate. Schumer has also pushed for better information-sharing among railroad companies and local first responders, who are often the first on the scene of a derailment.
Before Schumer’s advocacy, railroads carrying crude oil on High Hazard Flammable Trains through New York communities were not required to notify emergency response teams, but he secured a 2014 emergency order by the USDOT that now requires this information to be shared. Schumer has continuously pushed railroads to expand these provisions so local government and first responders have all the information they need.
Last May, a bipartisan bill overwhelmingly passed in the New York State Legislature a two-person crew law to require most freight trains to be operated by a conductor and an engineer. Despite the bipartisan support of lawmakers and rail unions, New York Gov. Kathy Hochul vetoed the proposed legislation last Dec.
Schumer noted he would address this safety measure with railroad companies at the federal level.
“At the federal level, the first step is to ask them why there are so fewer trains with two. If they don’t have good answers we will look at what we can do at the federal level to require it across the country,” Schumer explained.
In addition, Schumer had also previously secured other increased safety provisions like requiring freight carriers to equip high-hazard flammable unit trains carrying crude oil or hazardous materials with Electronically Controlled Pneumatic (ECP) brakes, but that rule was later repealed under the Trump administration in 2018.