National Transportation Safety Board (NTSB)

By Jason Cox - Transportation Communications Union, June 23, 2023

By Justin Mikulka - DeSmog, March 31, 2023

In July of 2013, a train carrying Bakken oil from North Dakota derailed and exploded in Lac-Mégantic, Quebec, killing 47 people and destroying the downtown. I spent the five years after that accident researching what happened, following the railroad regulatory process that spans the U.S.-Canada border, and publishing a book about that experience. The main lesson of that book was that the regulatory process in America is deeply flawed and controlled by industry — both rail and oil interests. 

As we approach the 10-year anniversary of Lac-Mégantic, the disaster in East Palestine shows just how little was done to protect the public from these dangerous trains. Meanwhile, the public is facing new rail risks that are receiving scant attention — and once again federal regulators are allowing industry to move forward without proper consideration of the health and safety risks. I live three blocks from a busy rail line and what worries me the most when I hear the trains rumble past is not that they’re carrying vinyl chloride or even Bakken oil, but the looming risk of mile-long trains of liquefied natural gas (LNG) and hydrogen. 

In 2019, then-President Trump issued an executive order to fast-track new regulations that would allow shipping liquefied natural gas by rail without any meaningful guardrails on its transport. 

But Earthjustice and other organizations sued the administration over this move, citing the perils. “It would only take 22 tank cars to hold the equivalent energy of the Hiroshima bomb,” according to Earthjustice attorney Jordan Luebkemann. 

Modeling by the Pipeline and Hazardous Materials Safety Administration (PHMSA) estimates that for a train pulling 100 tank cars of LNG and traveling at 40 miles per hour, a derailment is expected to cause four punctures in the tank cars. 

The Biden administration is reviewing this Trump-era regulation, but the only sensible option is to ban the movement of LNG-by-rail. 

Over the last year, Russia’s invasion of Ukraine has upset global energy markets, giving a big boost to plans to increase exports of American LNG overseas and placing pressure to move as much LNG as possible as quickly as possible — including by rail.

By Justin Mikulka - DeSmog, March 21, 2023

On February 25, Greece experienced its deadliest rail disaster ever when a freight train ran headlong into a passenger train coming towards it on the same track, killing 57 people. This tragic accident, near the city of Larissa, occurred just weeks after the East Palestine, Ohio rail disaster, and while the outcomes are different, the root cause is the same: corporate greed and deregulation. 

While two trains colliding on the same tracks might seem unfathomable to Americans, it shouldn’t be. A similar accident occurred in Texas in 2016, a year after the U.S. rail industry refused to meet a Congressionally mandated deadline for installing a safety system called positive train control, which would have prevented the accident.

Threatened with a rail shutdown, Congress buckled and gave the industry an extra three years to install the safety system, with the option for an extension until the end of 2020. On December 29, 2020, the Federal Railroad Administration announced that positive train control was finally installed on all of the required rail lines. 

As DeSmog has reported, the U.S. rail industry has lobbied against the requirement to install positive train control since 1970. In fact, one rail lobbyist received an award for being “part of a successful push for a congressional agreement to extend a deadline for automated trains on most of the nation’s railways.” The National Transportation Safety Board first recommended positive train control in 1970 after two Penn Central commuter trains collided head-on near Darien, Connecticut, the previous year. Four people were killed and 43 were injured.

By Kenny Stancil - Common Dreams, February 21, 2023

"Rank-and-file railroad workers can diagnose and fix the problems. We will believe Pete Buttigieg is serious when he starts talking about public ownership of critical railroad infrastructure and enacting some of our solutions."

U.S. Transportation Secretary Pete Buttigieg's newly unveiled plan to improve railroad safety is inadequate, an inter-union alliance of rail workers declared Tuesday.

The U.S. Department of Transportation's (USDOT) blueprint for holding rail corporations accountable and protecting the well-being of workers and affected communities comes after a Norfolk Southern-owned train overloaded with vinyl chloride and other carcinogenic chemicals crashed in East Palestine, Ohio on February 3, precipitating a toxic spill and fire that has sparked fears of air pollution and groundwater contamination.

In contrast to the hundreds of U.S. derailments that go largely unnoticed each year, the unfolding environmental and public health disaster on the Ohio-Pennsylvania border has helped expose the dangerous consequences of the Wall Street-driven transformation and deregulation of the freight rail industry—a long-standing process intensified by the Trump administration and so far unchallenged by the Biden administration.

"Profit and expediency must never outweigh the safety of the American people," Buttigieg—who has yet to exercise his authority to restore previously gutted rules and was mulling an industry-backed proposal to further weaken federal oversight of train braking systems as recently as February 10, according toThe Lever—said Tuesday in a statement.

"We at USDOT are doing everything in our power to improve rail safety," said Buttigieg, "and we insist that the rail industry do the same—while inviting Congress to work with us to raise the bar."

USDOT called on Norfolk Southern and other rail carriers to "provide proactive advance notification to state emergency response teams when they are transporting hazardous gas tank cars through their states instead of expecting first responders to look up this information after an incident occurs" and to "provide paid sick leave," among other things.

The department also urged Congress to increase how much it can penalize companies for safety violations, noting that "the current maximum fine, even for an egregious violation involving hazardous materials and resulting in fatalities, is $225,455." As Buttigieg tweeted, "This is not enough to drive changes at a multibillion-dollar company like Norfolk Southern."

Finally, USDOT committed to strengthening its regulation of the rail industry by "advancing the train crew staffing rule, which will require a minimum of two crew members for most railroad operations," and by "initiating a focused safety inspection program on routes over which high-hazard flammable trains (HHFTs) and other trains carrying large volumes of hazardous material travel," among other proposals.

"Each of these steps," the agency said, "will enhance rail safety in the United States."

But according to Railroad Workers United (RWU), which focused in particular on the issue of train crew staffing, "there are too many holes" in Buttigieg's plan to ensure the safety of the nation's rail system.

"As currently written, the proposed rule could allow for numerous instances of single-crew operations in the coming years," RWU tweeted. The alliance also shared a letter it sent to USDOT last September accusing the Federal Railroad Administration of "attempting to placate unions, community groups, and the general public on the one hand with a 'two-person train crew rule' while, on the other hand, signaling a green light to the industry to run trains with a single crew member."

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 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 staff - Center for Biolgical Diversity, April 5, 2021

By Minnesota Public Radio News - Prarie Business, September 25, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

At least 18 times in the past three years BNSF Railway freight trains rolled west out of Minneapolis pulling cars filled with hazardous chemicals that were not on the trains’ official cargo list, according to train crew complaints.

That’s contrary to federal regulation because in case of an accident, local firefighters can be left in the dark, unable to take quick action to protect vulnerable residents.

In one case, a train traveled more than 20 miles through the western suburbs with six carloads of anhydrous ammonia, a toxic corrosive gas used as a farm fertilizer, before the train crew knew the chemical was on the train, a complaint said. In another, a complaint said a train traveled about 90 miles west to Willmar before its cargo list — called a manifest — was corrected to show an extra car of ammonia.

The complaints were filed with the Federal Railroad Administration, the federal agency that regulates railroads, and they provide a snapshot of one rail line across Minnesota, a BNSF Railway line from Minneapolis to Willmar. BNSF is the largest rail operator in Minnesota. Provided to MPR News by railroad union members, they are evidence of a problem the FRA said poses “unreasonable risks to health, safety and property.”

Hauling hazardous material without proper documentation is a problem federal officials have been aware of for years. When federal inspectors checked manifests of all rail haulers in Minnesota over a three-year period, one in five contained inaccurate information about cars hauling hazardous materials, according to FRA records obtained through a Freedom of Information Act request.

By Tony Shick - Earth Fix, July 22, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

On a November morning in 2003, a sleeping Union Pacific crew missed a signal in Kelso, Washington. Their train collided with the side of an oncoming BNSF Railway train. Fuel tanks ruptured and spilled 2,800 gallons. Total damage neared $3 million. Unlike a similar collision in the same spot 10 years earlier, the crews escaped alive.

The primary cause, according to investigators from the National Transportation Safety Board: the crew’s fatigue, brought on by irregular work schedules and sleep disorder.

The NTSB had been asking the Federal Railroad Administration to address both issues for years. It made similar recommendations again a year later, after fatigue caused a fatal derailment involving chlorine gas in Texas.

Then in 2011, the crew of a BNSF coal train in Red Oak, Iowa, fell asleep and instead of stopping struck the rear of a parked equipment train, crushing the cab and killing the crew of the coal train, sparking a diesel fire and causing $8.7 million worth of damage.

The primary cause of the accident: the crew’s fatigue, brought on by irregular work schedules and sleep disorder.

Fatigued crews, crude oil increase risk for disaster

Sleeping train crews are the primary cause in at least eight major train crashes investigated by the NTSB since 2000, according to the agency’s reports.

The true prevalence of fatigue in train crashes is likely far higher, said Mark Rosekind, a member of the NTSB specializing in the subject. Human error is the leading cause of train incidents and accidents, and Rosekind estimates fatigue underlies anywhere from 20 to 50 percent of those.

“It’s very likely we have grossly underestimated fatigue in pretty much everything we’ve looked at for a long, long time,” Rosekind said.

The rapid rise in shipments of hazardous crude oil has raised the stakes for addressing fatigue, he said.

• Crude oil was once a rare commodity in rail cars. Last year BNSF, the leading crude oil transporter, hauled more than 600,000 barrels per day across its network, including as many as 18 trains per week through the Columbia River Gorge.

Fiery derailments have prompted intense public scrutiny and calls for improved oil train safety measures, including heftier tank cars and better-equipped emergency responders. Meanwhile, fatigued and unsafe crews remain an unresolved problem for the industry — a problem that rail workers and union officials in the Northwest say has worsened in recent years.

By Cole Stangler - DeSmog Blog, July 19, 2014

Disclaimer: The views expressed here are not the official position of the IWW (or even the IWW’s EUC) and do not necessarily represent the views of anyone but the author’s.

For decades, the U.S. railroad industry has successfully shed labor costs by shifting to smaller and smaller operating crews. Now, it’s on the verge of what was once an unthinkable victory: single-member crews, even on dangerous oil trains.

A tentative agreement reached by BNSF Railway and the Transportation Division of the Sheet Metal, Air, Rail and Transportation (SMART) union would allow a single engineer to operate most of the company’s routes. It would mark a dramatic change to a labor contract that covers about 3,000 workers, or 60 percent of the BNSF system.  

It’s not just bad news for workers. The contract has major safety implications—especially amid North America’s dangerous, and sometimes deadly, crude-by-rail boom. Last year’s Bakken shale oil train derailment and explosion in Lac Mégantic, Quebec, which killed 47 people, brought increased scrutiny to oil trains.