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Rail Companies Blocked Safety Rules Before Ohio Derailment

By David Sirota, Julia Rock, Rebecca Burns, and Matthew Cunningham-Cook - The Lever, February 8, 2023

Norfolk Southern helped convince government officials to repeal brake rules — and corporate lobbyists watered down hazmat safety regs.

Before this weekend’s fiery Norfolk Southern train derailment prompted emergency evacuations in Ohio, the company helped kill a federal safety rule aimed at upgrading the rail industry’s Civil War-era braking systems, according to documents reviewed by The Lever.

Though the company’s 150-car train in Ohio reportedly burst into 100-foot flames upon derailing — and was transporting materials that triggered a fireball when they were released and incinerated — it was not being regulated as a “high-hazard flammable train,” federal officials told The Lever.

Documents show that when current transportation safety rules were first created, a federal agency sided with industry lobbyists and limited regulations governing the transport of hazardous compounds. The decision effectively exempted many trains hauling dangerous materials — including the one in Ohio — from the “high-hazard” classification and its more stringent safety requirements.

Amid the lobbying blitz against stronger transportation safety regulations, Norfolk Southern paid executives millions and spent billions on stock buybacks — all while the company shed thousands of employees despite warnings that understaffing is intensifying safety risks. Norfolk Southern officials also fought off a shareholder initiative that could have required company executives to “assess, review, and mitigate risks of hazardous material transportation.”

Special Report: Norfolk-Southern Train Derails 50 of 151 Cars in Fiery Crash

By staff - Railroad Workers United, February 7, 2023

As we approach the 10 year anniversary of the deadly train wreck in Lac-Megantic, Quebec on July 5th, 2013, a major fiery train wreck in Ohio this past weekend serves as a reminder of just how potentially dangerous long and heavy trains can be. Add to this the fact that in the last 10 years, the Class One carriers have dramatically increased both the length and tonnage of the average train, while cutting back on maintenance and inspection, and we have a time bomb ticking, just like a decade ago, leading up to the Canadian disaster that destroyed a whole town and took the lives of 47 people. While thousands were and remain evacuated, and property damage to both rail and non-railroad property will no doubt soar into the millions, we dodged a bullet as no rail workers and no trackside residents were killed. This time.

The train, NS 32N, which was built in Madison, IL and headed east to Conway, PA swapped out crews in Decatur, IL. This crew would experience trouble while running their route between Decatur, IL and Peru, IN. In fact, they did not complete their trip to Peru since they outlawed on the federal hours-of-service statute. The train severed a knuckle between two cars at Attica, IN. This occurred while the train was going downhill and while in dynamic braking. Pretty much the only time a train breaks in this scenario is when the train isn’t blocked properly. In order to mitigate in-train forces, railroads prior to PSR would build trains with the heavier cars on the head end and the lighter cars on the rear end. This prevents severe slack run-ins and run-outs throughout the trip and if the train’s emergency brakes are applied, you don’t have heavier cars running into lighter cars which causes jackknifing. This particular train had 40% of it’s weight on the rear 1/3 of the train. Most of this tonnage was made up of loaded tank cars which are very heavy and slosh back and forth when coming to a sudden stop. This sloshing after a stop can continue the pushing of more cars off a track in a jackknifing situation which is what occurred in this Ohio wreck. This block of tank cars was placed directly behind a block of cars that were in the middle of train which were equipped with cushioned draw bars. The draw bars on these cars slide in and out independent of the car body which helps protect the merchandise carried within from damage. These type of draw bars are usually on automobile carriers to prevent the cars/trucks inside from being damaged. Placing cars with these draw bars in the middle of a train creates elasticity. Building a train like this (Head end = locomotives, which are the heaviest part of any train, followed by heavy mixed freight loads, followed by a block of cushioned draw bar cars, followed by a block of heavy tank cars (such as the case with this 32N) is akin to placing two bowling balls on the ends of a rubber band and praying the rubber band doesn’t break. 

Video footage has emerged online showing one of the wheels on this train on fire as it passed by the camera. If this footage is authentic, it’s very likely that car caused the derailment. This damaged car apparently was allowed to leave its initial terminal because it wasn’t inspected properly due to car inspectors being laid-off and time allowed per car inspection being dramatically reduced by the industry. If this did indeed occur this way, the train would’ve gone into emergency and the heavy tank cars on the rear end would’ve slammed into the derailed cars causing the 50 cars to pile up off the track and catch fire. 

"Precision Scheduled Railroading" is more than likely a major culprit in this incident for the following reasons:

  • Inspection times have been cut resulting in the defective car remaining in the consist.
  • Train was excessively long and heavy… 151 cars, 9300 feet, 18,000 tons.
  • Train was not blocked properly because PSR calls for limited car dwell times in terminals. Blocking a train for proper train handling (placing the majority of weight on the head end and ahead of cushioned draw bars) takes longer so this practice has been mostly eliminated by the rail carriers. 

Fiery Ohio Train Wreck the Result of "PSR"

By Fritz Edler, et. al - Railroad Workers United, February 7, 2023

Railroad Workers United (RWU) condemns the dangerous and historically unsafe practices by Class 1 rail carriers that resulted in this catastrophe that will impact the community of East Palestine Ohio for many years, if not forever. The root causes of this wreck are the same ones that have been singled out repeatedly, associated with the hedge fund initiated operating model known as “Precision Scheduled Railroading” (PSR). But risky practices, such as ever longer and heavier trains even precede PSR. The train that wrecked is a case in point, 9300 feet long, 18,000 tons. Other hallmarks of modern day railroading include deep cuts both maintenance and operating employees, poor customer service, deferred maintenance to rolling stock and infrastructure, long working hours and chronic fatigue, limited on-the-job training and high employee turnover. 

Norfolk Southern train NS 32N with 150 cars on the manifest, derailed on Feb. 3 at 8:55pm. It consisted of 3 locomotives 141 loads and 9 empties. The train had a crew of 3 at the time of the wreck, consisting of an Engineer, a Conductor and a Conductor Trainee. 20 of its loaded cars were considered Hazmat by the railroad. 10 of those hazmat cars were involved in the 50-car pileup. Of those 10, 5 cars contained Vinyl Chloride, all of which were damaged and/or burned, with one of those leaking by design to relieve explosive pressure. 

At this time, the immediate cause of the wreck appears to have been a 19th century style mechanical failure of the axle on one of the cars – an overheated bearing - leading to derailment and then jackknifing tumbling cars. There is no way in the 21st century, save from a combination of incompetence and disregard to public safety, that such a defect should still be threatening our communities. 

40% of the weight of NS 32N was grouped at the rear third of the train, which has always been bad practice and made more dangerous with longer heavier trains. This fact almost certainly made the wreck dynamically worse. But increasingly the PSR driven Carriers, driven to cut costs and crew time by any means necessary, cut corners and leave crews and the public at risk.

The crew was able to uncouple the locomotives and move them to safety, preventing an even bigger tragedy. This would not have been possible under the various management schemes now being proposed to operate such trains with single person crews. Further, because Train 32N carried the standard crew of two or more workers, they were able to immediately take the necessary emergency measures to ensure a safe and effective response.

The short-term profit imperative, the so-called “cult of the Operating Ratio” - of NS and the other Class 1 railroads - has made cutting costs, employees, procedures, and resources the top priority. In this case, NS and the other carriers have eliminated many of the critical mechanical positions and locations necessary to guarantee protection against these kinds of failures. Simultaneously, they regularly petition the regulators at the Federal Railway Administration for relief from historically required maintenance and inspections.

The wreck of Train 32N has been years in the making. What other such train wrecks await us remains to be seen. But given the modus operandi of the Class One rail carriers, we can no doubt expect future disasters of this nature.

Just Transition for Rail

By Chris Saltmarsh - The Ecologist, February 6, 2023

A review of Derailed: How to Fix Britain’s Railways, by Tom Haines-Doran, published by Manchester University Press.

As climate change intensifies, the imperative to shift our transport system away from polluting private cars to public transport – rail in particular – becomes increasingly urgent.

At the same time, amid an inflationary crisis, rail workers are at the forefront of a nationwide wave of strike action defending pay and conditions.

In Derailed: How to Fix Britain’s Broken Railways, Tom Haines-Doran puts the UK’s rail system in these political-economic contexts with a compelling account of its history, present conditions and future possibilities.

Railroad Nationalization Must Be Part of the Green New Deal

By Mayor Seidel - Sewer Socialists, February 5, 2023

In December, Congress and the Biden Administration forced a deal on railroad workers and stripped them of their right to strike. This made two things clear: how draconian the private freight railroads are to their workers, and yet how essential they are to the functioning of the country. Equally, private railroads are not only essential to the economy, but to the climate. Transportation is responsible for more greenhouse gas emissions than any other sector, including electricity generation. Within transportation, among the modes primarily used for freight (trucks, rail, and boats), railroads were responsible for only 7% of emissions despite carrying 27% of cargo (in ton-miles). Despite being a net reducer of emissions by taking trucks off the roads, the private railroads are avowed enemies of climate action. Afraid of losing their lucrative coal-hauling traffic, the same four railroads who Congress acted on behalf of have spent millions to lobby against climate action and deny climate change. Capitalists who bankroll climate deniers own the most important system of low-carbon infrastructure on the continent.

The effects of the existing freight railroads on climate change, both good and ill, are minuscule compared to the unrealized potential that they hold. The railroads would have a higher share of freight traffic if not for the shortsighted management of their private ownership. Additionally, 57% of transportation emissions come from “light duty vehicles,” i.e. passenger cars. The strongest opportunities to eliminate car trips are in urban centers, by building inviting pedestrian spaces, safe bicycle infrastructure and robust public transit networks. At the same time, to build a credible alternative to automobile travel, these green transportation systems must be connected to one another into metropolitan and intercity rail networks. This cannot be done without the infrastructure that, outside the Northeast, is controlled by the private freight railroads.

The private railroads are hostile to passenger service, which they see as a threat to their freight operations. Amtrak publishes a “report card” each year, ranking the private freight railroads by how much they delayed passenger trains. In 2021, at least 20% of riders were delayed on more than half of state-supported routes and 14 of 15 long-distance routes. The private railroads even hold back some commuter railroad services. Several Metra lines serving suburban Chicagoland are operated under “purchase-of-service” agreements with freight railroads, leaving commuters at the mercy of their private owners. Newer systems like Virginia’s VRE that use private freight corridors must negotiate complicated and expensive agreements with host railroads to expand service. Confronting climate change must include rationalizing the relationship between freight and passenger rail service, both of which are essential to reducing greenhouse gas emissions.

Railroads Must Be Brought Under Public Ownership

By General Executive Board - United Electrical Workers, January 30, 2023

Statement of the UE General Executive Board

Railroads are a crucial part of our nation’s infrastructure. Nearly every sector of our economy depends on goods shipped by the railroads, which haul forty percent of all long-distance freight in the U.S., measured by ton-miles. A third of all exports travel by rail. Furthermore, the greater fuel efficiency of using rail to move both people and freight means that moving more of our transportation onto the railroads will be necessary to address the existential threat of climate change.

Yet the private owners of our nation’s Class 1 railroads have shown themselves utterly incapable of facing the challenge of the climate crisis, dealing fairly with their own workers, or even meeting the most basic needs of their customers. The railroad companies cannot even be said to be in the business of moving freight; they are merely in the business of using their monopoly control over the nation’s rail infrastructure to squeeze as much profit as possible from customers and workers at the behest of their Wall Street shareholders.

Therefore, we demand that Congress immediately begin a process of bringing our nation’s railroads under public ownership. Public ownership of part or all of their rail systems has allowed many other countries to create rail systems that can move people and goods quickly, affordably, and in an environmentally sound way. With public ownership, governments can take the long view and make crucial infrastructure investments — and prevent price-gouging.

Railroads are, like utilities, “natural monopolies.” The consolidation of the Class 1 railroads in the U.S. into five massive companies over the past several decades has made it clear that there is no “free market” in rail transportation. With most customers having no other choice, and no central authority mandating long-term planning, each individual railroad company has little incentive to make investments in infrastructure and every temptation to take as much of their income as possible as profits. Even Martin Oberman, chair of the Surface Transportation Board, the federal agency that regulates rail, has called the railroads “monopolists” who are cutting services and raising prices because “that’s the easiest way for them to get rich.”

In their endless thirst for profit, the railroads have implemented a system called “precision scheduled railroading,” which simply means operating with as few staff as possible — speed-up by another name. Shippers have been complaining about the resulting poor service for years, and during the pandemic our entire economy paid the price with snarled supply lines leading to shortages and price hikes. The railroads do not even seem interested in expanding their share of the freight market, instead seeking to extract more and more short-term profit out of customers for whom rail is the only feasible way to ship their products.

The effect on railroad workers has been even more severe. In order to implement precision scheduled railroading, the companies have imposed draconian attendance policies which make it virtually impossible for railroad workers to take any time off, even for medical reasons. This intolerable state of affairs almost led to a railroad strike at the end of last year, until President Biden and Congress — clearly willing to intervene in the “market” when workers threaten to withdraw their labor — imposed a contract on the workers that did not even contain the workers’ bottom-line demand of adequate sick leave.

Here’s How Rail Workers Are Fighting On After Biden Blocked a National Strike

By Jeff Schuhrke - In These Times, January 18, 2023

Politicians may have headed off their strike, but rail workers haven’t stopped organizing for paid sick leave and safe staffing.

While the high-stakes labor dispute on U.S. freight railroads has receded from headlines since President Joe Biden and Congress imposed a new contract last month, rail workers are continuing their fight for dignity and better conditions — albeit without the threat of a national strike on the table.

“The American people should know that while this round of collective bargaining is over, the underlying issues facing the workforce and rail customers remain,” the AFL-CIO Transportation Trades Department said in a statement.

The major underlying issue remains precision scheduled railroading (PSR), the business model adopted in recent years by Class I rail carriers like Union Pacific, BNSF, Norfolk Southern and CSX. Designed to maximize shareholder profits by cutting costs to the bone, PSR has been blamed for a dramatic reduction in the freight rail workforce, increased supply-chain congestion and deteriorating safety — all while investors rake in record profits.

As a potential railroad strike loomed late last year, the absence of guaranteed paid sick leave in the rail industry came to symbolize the immense strain PSR puts on workers. Without sick leave, and with the railroads implementing draconian attendance policies to deal with understaffing, workers face discipline for missing work due to illness and have to burn through their vacation time if they or their family members get sick. 

The tentative agreement between rail carriers and unions, brokered by Biden last September, did not include any guaranteed sick days — prompting a majority of the union rank and file to vote against ratifying the deal. 

Late last year, when Biden called on Congress to override union democracy and impose the contract anyway, progressive Democrats attached a separate resolution mandating seven paid sick days, without the president’s public support. The measure passed in the House of Representatives, but failed in the Senate, where all but six Republicans voted against it. 

“President Biden campaigned on a week of paid sick leave for all working people, and then he had the opportunity right here but didn’t take action. He favored the corporations,” said Matt Weaver, a rail worker and member of the Brotherhood of Maintenance of Way Employes Division (BMWED) in Ohio. 

Sam Seder is RIGHT: Rail Workers DESERVE Support, Even If Some Are Conservative

Were Sick Days Not a Big Deal to Rail Workers?

Statement of Solidarity with Railroad Workers

By Staff - Industrial Worker, December 23, 2022

The Industrial Workers of the World stands with U.S. rank-and-file railroad workers as owners and politicians collude to strip them of their most basic rights. The right to withhold our labor is inviolable and cannot be prohibited. Further, we believe that an injury to one is an injury to all. We are disgusted by the hypocrisy of so-called leaders in the U.S. government, who enjoy the luxury of virtually unlimited paid sick leave while legislating against any paid sick leave at all for railroad workers, and we are unsurprised when even the progressive wing of the Democratic Party ultimately aligns with their class over the workers. IWW members throughout the country are prepared to support railroad workers in every way possible as they lead this fight.

We hold that the failure to reach an agreement is undeniably the fault of the owners, who have enriched themselves and their shareholders at immediate cost to the workers generating the profits. One study of financial reports and internal communications for all the major rail carriers shows their unbridled avarice and total disregard for their workforce. They are well aware that wages have been stagnant for years. This was by design. They know that workers have fled the industry due to its destruction of workers’ quality of life and the carrot-and-stick system that prevents their use of promised benefits. They know that injuries on the job have reached record highs in recent years due to understaffing and impossible demands placed on workers.

The agreement being imposed by Congress is unacceptable. Wage increases to compensate for the lack thereof in years past, as well as skyrocketing inflation and cost of living more recently, are inadequate. Workers have univocally demanded more predictable scheduling and safer working conditions. Paid sick leave was a compromise many workers may have been willing to accept. It is the owners and their lackeys in government who refuse to compromise. It is despicable.

We in the IWW encourage workers from all industries to stand together with railroad workers. United we are strong. Together we can win.

For more information on Railroad Workers United, please contact RWU General Secretary Jason Doering, via email or at 202-480-0587.

For anyone who faces detainment for exercising their right to strike, or who knows someone who does, the IWW’s Incarcerated Workers Organizing Committee conducts public pressure campaigns and facilitates empowerment through solidarity. They can be contacted at IWOC@iww.org.

Additional statements of solidarity from members and local branches of the IWW throughout the U.S. are being prepared and issued even as mainstream media declares the “crisis averted.” For workers, the crisis only deepens. These conditions can be changed only when we stand together as one. Workers of the world: unite!

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