health and safety

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 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. 

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 19^th 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 21^st 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.

By Lauren Bianchi - Labor Notes, January 31, 2023

For two years, teachers and staff in my workplace, George Washington High School, helped lead a community campaign to stop a hazardous industrial metal shredder, General Iron, from moving a few blocks from our school.

Repeating a historic pattern, city officials facilitated General Iron’s planned move from the wealthy and white Lincoln Park neighborhood where it had operated for decades to the working-class, majority Latino Southeast Side.

Our campaign won a major victory when we pressured Mayor Lori Lightfoot and the Chicago Department of Public Health into denying the final operating permit for General Iron. It took years of mobilizing, street protest, and a month-long hunger strike to force the mayor to do the right thing.

The experience of Chicago Teachers Union members in the #StopGeneralIron campaign highlights the power of union members when we stand shoulder to shoulder with environmental justice activists to demand safe living and working conditions.

By Sky Chadde - In These Times, January 24, 2023

Litigation over Roundup — the main ingredient of which, glyphosate, likely causes cancer—has had a long tail. And the latest lawsuit involving the once ubiquitous household weed killer dropped Jan. 18.

In 2020, Bayer announced a $10 billion settlement over claims Roundup caused cancer. One claimant was a farmworker in Virginia, according to the lawsuit filed by Public Citizen, a nonprofit organization focused on corporate and government accountability. She said she was exposed while working for years with the weed killer on tree farms.

Originally, she was given the chance to settle using the same program that many plaintiffs used to receive payments from Bayer, but she was then rebuffed, according to the lawsuit. Because she was not a U.S. citizen, like many farmworkers, she did not qualify, according to the lawsuit.

Seven months after signing onto the settlement program, she was dropped by her lawyers and was ineligible for a settlement, according to the lawsuit. 

Public Citizen said her civil rights have been violated because she was deemed not eligible because of her citizenship status.

“Those harmed by unlawful conduct are entitled to compensation no matter their immigration status,” Michael Kirkpatrick, an attorney with Public Citizen Litigation Group, said in a press release. ​“This lawsuit calls out discrimination by both Monsanto and some trial lawyers and will help put an end to such practices.”

By staff - Labor Network for Sustainability, January 2023

In 2022, the Labor Network for Sustainability helped build solidarity between environmentalists and Santa Ana, CA factory workers who stood up to their employer, Kingspan’s, so-called ‘green’ manufacturing processes that pollute indoor air and the local watershed. Kingspan factory workers are organizing to demand safe working conditions, including addressing unhealthy levels of PM2.5 pollution inside the workplace that they measured in collaboration with UC Irvine pollution scientist Dr. Shahir Masri. The workers also blew the whistle on Kingspan for misrepresenting its daily operations and water pollution clean-up efforts to the CalEPA. Also, in October 2021, a majority of Kingspan’s Santa Ana workers delivered a petition to managers demanding a fair process to decide whether to form a union.

The Labor Network for Sustainability hosted a Zoom teach-in with these workers, Dr. Shahir Masri, and environmental, community, and Labor allies to build solidarity and momentum for this campaign. Following the teach-in, 45 local and national environmental groups signed onto a letter demanding that the Green Building Community stop partnering with Kingspan until the international building materials company cleans up its act. This action was part of a larger campaign mounting pressure on Kingspan in what is truly a modern day David and Goliath story– one with true economic, environmental, and worker justice at its core.

For updates on this campaign, follow @CleanUpKingspan on Twitter.