East Palestine

By Jake Johnson - Common Dreams, February 17, 2023

"The railroads, their CEOs, and the hedge fund robber barons will not listen, but railroad workers have the solution to managing and operating critical railroad infrastructure."

An alliance representing rail workers across the United States published an open letter late Thursday urging all of organized labor to support the nationalization of the country's railroad system, arguing that the private and inadequately regulated industry has "shown itself incapable of doing the job."

"In face of the degeneration of the rail system in the last decade, and after more than a decade of discussion and debate on the question, Railroad Workers United (RWU) has taken a position in support of public ownership of the rail system in the United States," reads the letter, which was published as the small town of East Palestine, Ohio is attempting to recover from the toxic derailment of a Norfolk Southern train two weeks ago.

"We ask you to consider doing the same, and announce your organization's support for rail public ownership," continues the letter, which was addressed to unions as well as environmental, transportation justice, and workers' rights organizations. "While the rail industry has been incapable of expansion in the last generation and has become more and more fixated on the operating ratio to the detriment of all other metrics of success, precision scheduled railroading (PSR) has escalated this irresponsible trajectory to the detriment of shippers, passengers, commuters, trackside communities, and workers."

By Kari Lydersen - In These Times, February 16, 2023

Railroad workers packed themselves into hotel conference rooms near Chicago’s O’Hare International Airport in June 2022 to talk fervently about a momentous event potentially on the horizon: the first industry-wide rail strike in three decades. 

“All 12 railroad unions have proclaimed themselves united,” said Ron Kaminkow, Railroad Workers United (RWU) general secretary, during a conference session about chokepoints in the supply chain. ​“There could actually be a national railroad strike for the first time in almost 30 years.” 

Contract negotiations between those 12 unions and the country’s major freight railroad companies had ground to a halt by the conference, which was organized by RWU and the pro-union group Labor Notes. 

In July, 99.5% of the membership of the union representing railroad engineers — the Brotherhood of Locomotive Engineers and Trainmen — voted to authorize a strike if legal hurdles were cleared.

The possibility presented a challenge for the Biden administration. President Joe Biden had become known as the most labor-friendly president in recent history, while a walkout threatened to paralyze the economy with a potential cost of $2 billion per day. The administration eventually negotiated a deal with union leaders and company leaders, announced Sept. 15, 2022, requiring a significant pay raise for workers without meaningfully addressing their primary concerns: short-staffing and a lack of paid sick days.

Many elected officials and pundits lauded the deal, but it still needed to be ratified by each union’s rank and file.

Three unions representing railroad workers voted down the proposed contract, while others voted for it. Then, in November, the country’s largest rail union — the SMART Transportation Division, which represents conductors and brakemen — rejected the deal, and a national rail strike was firmly on the table. Even unions that approved of the deal pledged to honor any picket lines.

On December 1, 2022, at Biden’s urging, Congress intervened, passing a law to force the unions to agree to the deal. Many railroad workers were furious — and felt betrayed.

“It was very frustrating, from the ​‘most pro-labor president America’s ever had,’” says Matt Weaver, legislative director for the Brotherhood of Maintenance of Way Employees, the nation’s third-largest railroad union. ​“When [railroads] have record profits and profit margins, and yet this deal is imposed, we’ve seen that our labor is expendable.”

The ordeal has also led many railroad workers and industry watchers to consider a vastly increased role for government in freight railroads: nationalization.

By Mel Bauer - The Nation, February 15, 2023

As public outrage has grown over the toxic fallout from last month’s fiery derailment of a Norfolk Southern freight train in East Palestine, Ohio, the urgent questions behind this disaster echo the past year’s confrontations over working conditions in the lightly regulated rail industry.

Indeed, the catastrophe in Ohio—together with another hazardous derailment in Houston, Tex., just a week later—drives home the steep costs in health and well-being that we all incur when we fail to heed rail workers’ calls for more regulation and adequate staffing mandates. 

As rail workers sought to win basic guarantees of staffing support and sick leave from rail carriers long accustomed to selling labor short and winning major regulatory concessions from federal agencies, they stressed how the unsustainable demands placed on their working lives would result in disasters just like the one in East Palestine. The northeast Ohio village of about 5,000 people is 40 miles northwest of Pittsburgh and 20 miles south of Youngstown; already those metropolitan areas are under alert for the air and water contamination originating from the Palestine derailment. And in Palestine proper, many residents are already reporting troubling health symptoms and dying area wildlife as they weigh the risks of remaining exposed to the toxic fumes and chemical leaks from the derailed tanker cars carrying hazardous materials.

In the immediate aftermath of the derailment, rail officials ordered that the vinyl chloride hauled by five of the Norfolk Southern cars in the 150-car train be burned off to prevent a still greater explosion—but that action sent hydrogen chloride and phosgene, two dangerous gasses, spuming into the air. EPA investigators have since identified other hazardous chemicals the train had been hauling, including ethylene glycol monobutyl ether, ethylhexyl acrylate, isobutylene, and butyl acrylate. And the EPA has released a report saying that chemicals from the derailment have leached into the soil and water in the aftermath of the accident.

By Paul Atkin - Greener Jobs Alliance, February 15, 2023

This report from “Democracy Now” on the rail disaster in Ohio last week, in which a 150 car freight train carrying toxic chemicals derailed and a “controlled burn” by the company released “a fireball and mushroom cloud of smoke” into the environment, shows where the Tory “modernisation agenda” for the Railways ends up. 

All their key themes

• cuts to staffing 
• cuts to safety procedures
• restrictions on the right to strike

are all in place in the USA; which is a model for the government’s attempts to deregulate employers while tying up workers’ capacity to resist.

The interviews with Emily Wright, community organizer based near the site of the derailment; Ross Grooters, a locomotive engineer and co-chair of Railroad Workers United; and Julia Rock, an investigative reporter with The Lever tell a cautionary tale everyone in the UK should know about.

 Please think of this next time you hear a government minister chuntering on about “modernisation” and “outdated practices” and pass this on.

“Bomb Train” in Ohio Sickens Residents After Railroad Cutbacks, Corporate Greed Led to Toxic Disaster | Democracy Now!

By Emily Wright, Julia Rock, Ross Grooters, Amy Goodman, and Juan Gonzáles - Democracy Now!, February 13, 2023

Fears of a wider health and environmental disaster are growing, after a 150-car freight train operated by Norfolk Southern derailed and a so-called controlled burn released toxic chemicals last week in East Palestine, Ohio. Residents reported seeing a fireball and mushroom cloud of smoke fill the skyline. Data released by the Environmental Protection Agency shows the train contained more toxic and carcinogenic chemicals than initially reported, including phosgene, a poisonous gas that has been used as a chemical weapon in war. Officials lifted an evacuation order for residents last Wednesday, saying the air and water were safe, but residents have reported sore throats, burning eyes and respiratory problems, and wildlife has been found dead. Meanwhile, scrutiny has turned onto Norfolk Southern, which in recent years has challenged regulatory laws aimed at making the rail industry safer and made mass cuts to railroad staffing while spending billions on stock buybacks and executive compensation. We get an update from Emily Wright, community organizer based near the site of the derailment; Ross Grooters, a locomotive engineer and co-chair of Railroad Workers United; and Julia Rock, an investigative reporter with The Lever.

By Kenny Stancil - Common Dreams, February 14, 2023

The transportation secretary's refusal to fortify freight train regulations and crack down on Norfolk Southern "only signals to the railroads that this type of incident will be tolerated," said one watchdog.

Progressives are demanding that U.S. Transportation Secretary Pete Buttigieg improve rail safety regulations in response to the unfolding public health disaster in East Palestine, Ohio—the site of a recent fiery train crash and subsequent "controlled release" of toxic fumes that critics say was entirely avoidable.

"The Obama administration attempted to prevent dangerous derailments like the one in East Palestine by mandating better brake systems on freight trains," Jeff Hauser, executive director of the Revolving Door Project, said Tuesday in a statement. "But this effort was watered down thanks to corporate pressure, first by writing in many exemptions to the proposed rules and then, under [former President Donald] Trump, by repealing the requirement altogether."

Recent reporting from The Lever revealed that Buttigieg's Department of Transportation (DOT) "has no intention of reinstating or strengthening the brake rule rescinded under Trump," said Hauser. "Additionally, The Leverreports that the train was not being regulated as a high-hazard flammable train, despite it clearly being both high-hazard and flammable. These types of failures to protect the public are invited by perpetual lax enforcement and laziness toward even getting back to the too-low regulatory standards under Obama."

"Now, all eyes are on Secretary Buttigieg," he continued. "For too long he has been content to continue the legacy of his deregulatory predecessor, Elaine Chao, rather than immediately moving to reverse her legacy upon becoming secretary."

"Norfolk Southern's environmental disaster is the latest in a long string of corporate malfeasance committed right under the secretary's nose," Hauser observed, referring to the company that owns the derailed train. "As I've warned before, corporations do not respect Buttigieg as a regulator."

By Julia Rock and Rebecca Burns - The Lever, February 10, 2023

Pete Buttigieg’s Transportation Department has not moved to revive an Obama-era safety rule that could help prevent future train accidents and derailments.

In the aftermath of a fiery Ohio train derailment, Secretary of Transportation Pete Buttigieg’s department has not moved to reinstate an Obama-era rail safety rule aimed at expanding the use of better braking technology, even though a former federal safety official recently warned Congress that without the better brakes, “there will be more derailments [and] more releases of hazardous materials.”

Instead, transportation regulators have been considering a rail-industry-backed proposal that could weaken existing brake safety rules.

Most of the nation’s freight trains — including the Norfolk Southern train that derailed in Ohio — continue to rely on a Civil War-era braking system. Norfolk Southern belongs to a lobby group that successfully pressed President Donald Trump to repeal a 2015 rule requiring newer, safer electronic braking systems in some trains transporting hazardous materials, The Lever reported Wednesday.

The Department of Transportation's most recent regulatory agenda — which lists all planned, proposed, and final rules — does not include an ECP brake rule.

When asked if the better braking technology would have reduced the severity of the Ohio accident, Steven Ditmeyer, a former senior official at the Federal Railroad Administration (FRA), said, “Yes.”

By Bob Hennelly - Work-Bites, February 8, 2023

Throughout the recent hazardous chemical freight train derailment in Ohio and the four-day ordeal that followed while the flaming wreck was stabilized, the one perspective that was consistently missing from the reporting was that of the union railroad workers. It didn’t matter if it was the New York Times, the Washington Post, or the Associated Press , the reporting relied on interviews with local, state and federal officials as well as statements from the Norfolk Southern, the rail carrier but not the perspective of their union workers.

It was as if robots and AI were already driving the train. The entire narrative of the cataclysm was framed by officials and the corporation whose malfunctioning train was now putting workers and the community in life-threatening jeopardy. The derailment played out in the rural borderland of Ohio and Pennsylvania requiring both states to activate an emergency evacuation response.

On Friday evening, the tranquility of East Palestine, Ohio, with a population of 4,761 people, was upended when a Norfolk Southern train with 150 cars in tow, derailed sparking a conflagration that inundated the area with toxic smoke. According to the U.S. Environmental Protection Agency [EPA], 20 of the cars in train were carrying hazardous materials. 

The U.S. EPA had to start monitoring the air for carbon monoxide, oxygen hydrogen sulfide, hydrogen cyanide, phosgene, and hydrogen chloride. Throughout the weekend, firefighters did their best to keep the disabled tanker cars cool as some of the hazardous cargo burned off. The local fire chief told reporters he was concerned about the presence of vinyl chloride, a colorless, toxic, and flammable gas.

“If you are in this red zone that is on the map and you refuse to evacuate, you are risking death,” Pennsylvania’s Gov. Josh Shapiro (D) warned. “If you are within the orange area on this map, you risk permanent lung damage within a matter of hours or days.”

In initial comments, a member of the National Transportation Safety Board [NTSB] posited that the derailment of the 150-car train was most likely caused by a problem with one of the axles on one of the freight or tanker cars. The catastrophic derailment, with significant public health and environmental implications, comes a few months after President Biden and Congress imposed a contract on the nation’s rail unions that their rank and file rejected in part because it lacked paid sick days.

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.”

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.