Vancouver Sun

CN Rail balked at having to staff hazardous trains round the clock

Transport Canada approved new rules that show commerce put ahead of safety, Greenpeace says

- JIM BRONSKILL AND BRUCE CHEADLE — With fi les from Terry Pedwell

OTTAWA — CN Rail argued against an emergency provision — implemente­d after the LacMeganti­c disaster — requiring that trains loaded with dangerous goods such as crude oil never be left unattended, newly released documents show.

Transport Minister Lisa Raitt issued the emergency directive last July 23 to address key safety deficienci­es exposed by the fiery derailment that claimed 47 lives in the small Quebec town.

The measures dictated that at least two crew members work trains carrying hazardous goods, adding that no such train could be left unattended on a main track.

A July 9 email obtained by Greenpeace Canada under the Access to Informatio­n Act shows CN Rail objected to having a crew member present round- the- clock, saying that ensuring fulfilment of the rule would be “nearly impossible.”

The message was sent by a CN Rail representa­tive — the name was stripped from the memo — to senior Transport Canada officials including Gerard McDonald, the assistant deputy minister for safety and security, who recently left the department.

The email said it was important to note that CN has some 520 train starts per day, of which over 400 handle one or more cars with dangerous materials.

“As such, the requiremen­t to ensure these are attended at all times would, in practice, be nearly impossible to ensure full compliance with.

“Our initial review of the implicatio­ns of such a proposed requiremen­t show that this could require operating employees to remain on duty for extended periods while waiting for relief crews.”

In many instances, the time on duty may exceed that permitted under union rules, the email added.

“The ability to find another employee to monitor the train will in many cases be extremely difficult. Situations such as operations during winter storms will add additional difficulti­es.”

The email surfaces following several accidents in North America involving oil- laden trains, including a derailment and explosion this week in New Brunswick.

The CN position — eventually adopted in a final version of the rules — puts commerce ahead of safety, said Keith Stewart, Greenpeace Canada’s climate and energy campaign coordinato­r.

“There’s a balance to be struck between safety and keeping costs low, and the railway industry has succeeded in making sure that keeping costs low has won out in terms of how the rules were finalized,” he said Friday.

“There’s a unique risk posed by these trains filled with oil, and leaving them unattended is a recipe for disaster.”

Transport Canada quietly approved final safety rules, drafted by the railway industry, on Boxing Day just as the emergency directive was set to expire.

The latest rules drop the requiremen­t that a train with hazardous cargo be continuous­ly attended, but insist if it is left on its own that precise braking instructio­ns be followed and the cab be secured to prevent unauthoriz­ed entry.

The new rules will prevent another tragic mishap like the one at Lac- Megantic, where a train rolled away before coming off the tracks, said Kevin McKinnon, director of regulatory affairs at the Railway Associatio­n of Canada, of which CN Rail is a member.

He argued this week it is unnecessar­y to have someone continuous­ly watch a train, saying people do not sleep outside alongside their cars.

Stewart rejected that analogy.

“Your car parked in the driveway can’t destroy your entire neighbourh­ood,” he said. “A train filled with oil can. And that’s why the rail companies should be required to take much stronger precaution­s to prevent that from happening.”

The Teamsters Canada Rail Conference, the union representi­ng many rail industry employees, had argued for a stricter braking standard for securing trains than the one eventually adopted, but it stopped short of calling for continuous on- the- scene monitoring because it knew the industry would not invest in the necessary crew.

“They could very easily have someone babysit that train,” said Rob Smith, national legislativ­e director with the Teamsters. “It’s a matter of dollars and cents, really.”

The government proposed new regulation­s Friday that would require rail tank cars that carry crude oil and other dangerous goods to be built stronger and less likely to rupture in a derailment.

Raitt said the proposed regulation­s will mean tougher standards for newly built DOT- 111 tank cars.

Under the proposal, new tank cars would need to be built with thicker steel and top fitting and head shield protection.

However, makers of the cars are already building them to the soon- to- be- implemente­d standards.

 ?? GRAHAM HUGHES FOR POSTMEDIA NEWS ?? Above, the fi rst freight train to leave Lac- Megantic after the July 6 derailment that resulted in a massive explosion and the loss of 47 lives. New safety rules do not require trains carrying hazardous equipment to be attended at all times.
GRAHAM HUGHES FOR POSTMEDIA NEWS Above, the fi rst freight train to leave Lac- Megantic after the July 6 derailment that resulted in a massive explosion and the loss of 47 lives. New safety rules do not require trains carrying hazardous equipment to be attended at all times.

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