Railway CEO grilled by Congress
Norfolk Southern ‘deeply sorry’ for crash, mute on paying
WASHINGTON — The CEO of Norfolk Southern told Congress on Thursday that he was “deeply sorry” for the effects of the train derailment last month in East Palestine, Ohio, but stopped short of promising to pay for long-term damage to the community, as senators pressed him for answers about safety measures and the possible environmental consequences from the accident.
Appearing before the Senate Environment and Public Works Committee about five weeks after one of his company’s trains carrying hazardous materials skipped the tracks and ignited a fire, CEO Alan H. Shaw fielded questions from angry senators in both parties about how far Norfolk Southern was willing to go to improve rail safety and address the fallout from the disastrous derailment.
“I am determined to make this right,” Shaw said. “Norfolk Southern will clean the site safely, thoroughly and with urgency. You have my personal commitment.”
But he declined to endorse rail safety legislation introduced last week, which would strengthen notification and inspection requirements for trains carrying hazardous materials and increase fines for safety violations by rail carriers.
Sen. J.D. Vance, R-Ohio, criticized Shaw and the rail industry, saying it was resisting stricter regulations and noting that rail companies turned to the federal government last fall to settle a labor dispute that could have resulted in an economy-crippling strike.
“You cannot ask the government to bail you out and then resist basic public safety,” said Vance, who is leading the bipartisan legislation.
Pressed by senators in both parties, Shaw also declined to commit to paying for long-term medical costs, health care and economic damages from the derailment.
Shaw testified that Norfolk Southern had committed more than $21 million to supporting East Palestine, provided financial support for 4,400 families, hired a liaison in town and signed a lease in the community to ensure a continued presence.
He also said the company had taken steps to enhance safety by increasing its network of early warning sensors.
“The preliminary report found that the Norfolk Southern crew was operating the train below the speed limit and in an approved manner, yet it is clear the safety mechanisms in place were not enough,” Shaw said.
Federal investigators found that a wheel bearing on one of the train’s cars had been heating up as the train passed through Ohio, but that an alarm did not sound to alert the crew until it passed a sensor not far from where it derailed. Safety experts say the crew could have averted the disaster if there were more sensors closer together on the route that the train took.
The National Transportation Safety Board said Tuesday that it had opened a special investigation into the safety practices at Norfolk Southern, which had suffered five significant accidents since December 2021. Another of the company’s freight trains derailed near Springfield, Ohio, on Saturday. Hours before the hearing, another Norfolk Southern train had derailed in Alabama. According to Katelyn Byrd, a company spokesperson, there were no reports of injuries and released hazardous materials. Norfolk Southern’s accident rate has increased over the past four years, according to a recent company presentation.
On Capitol Hill on Thursday, Debra Shore, a regional administrator of the Environmental Protection Agency, and Anne Vogel, the director of the Ohio Environmental Protection Agency, assured lawmakers that the air and water quality surrounding the community was safe and that the agencies were continuing to conduct testing.
“If the company fails to complete any of the EPA-ordered actions, the agency will immediately step in, conduct the necessary work and force Norfolk Southern to pay triple the cost,” Shore said.
Sen. Bernie Sanders, I-Vt., questioned Shaw about whether precision scheduled railroading, which involves cutting back on rail yard workers, inspectors and equipment to adhere to stricter train schedules, has had a detrimental effect on safety.
“I have been told by workers who work for your company, and other rail companies, that they are now being asked to do more work with fewer workers, and that includes safety inspections,” Sanders said. “So well before this disaster in East Palestine, we have been told about the potential safety hazards.”
Shaw sidestepped Sanders’ repeated questions about cutting safety workers within the company, including one about whether he would do away with precision scheduled railroading.