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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.

E. Palestine Ohio Train Wreck, Greed & Systemic Crisis In US Rail System With RWU Gabe Christenson

The Ohio River Valley Hydrogen Hub: A Boondoggle in the Making

By Sean O'Leary - Ohio River Valley Institute, March 18, 2022

Senator Joe Manchin (D-WV) torpedoed the Build Back Better bill because, he said, it is too costly. But the fleet of hydrogen hub projects he is now promoting for locations around the nation, one of them in the Ohio River Valley, may cost nearly as much, they will drive up utility bills and create few new jobs, and they will miss a large share of the emissions they’re supposed to eliminate. They will also block less costly climate solutions that can create more jobs and actually eliminate climate-warming emissions the hydrogen hubs would only partially abate. 

According to the White House Council on Environmental Quality, the hydrogen hubs, which have as their centerpiece massive pipeline networks that would funnel carbon captured from power plants and factories to injection points for underground sequestration, would cost between $170 billion and $230 billion just to construct. That figure is dwarfed by the additional investment in carbon capture technology that would have to be made by plant owners whose costs to operate and maintain their retrofitted plants would also rise significantly.

A recent Ohio River Valley Institute brief pointed out that retrofitting just the nation’s coal and gas-fired power plants for carbon capture and sequestration (CCS) would add approximately $100 billion per year to Americans’ electric bills, an increase of 25%. The cost of adding CCS to steel mills, cement plants, factories, and other carbon producing facilities could be that much or more.

What Germany’s Effort to Leave Coal Behind Can Teach the U.S.

By Alec MacGillis - ProPublica, January 31, 2022

In late September, just before the German parliamentary elections, the Alternative für Deutschland held a large campaign rally in Görlitz, a picturesque city of about 56,000 people across the Neisse River from Poland. I was making my way down a narrow street toward the rally when I entered a square that had been dressed up as Berlin circa 1930, complete with wooden carts, street urchins and a large poster of Hitler.

Görlitz, which was barely damaged in the Second World War, often stands in for prewar Europe in movies and TV shows. (“Babylon Berlin,” “Inglourious Basterds” and other productions have filmed scenes there.) It was a startling sight nonetheless, especially since, a few hundred yards away, a crowd was gathering for the AfD, the far-right party whose incendiary rhetoric about foreign migrants invading Germany has raised alarms in a country vigilant about the resurgence of the radical right.

In fact, at the rally, the rhetoric about foreigners from the AfD’s top national candidate, Tino Chrupalla, was relatively mild. Germany’s general success with handling the wave of more than a million refugees and migrants who arrived in the country starting in 2015 has helped undermine the party’s central platform. Chrupalla moved on from migrants to other topics: the threat of coronavirus-vaccination mandates for schoolchildren, the plight of small businesses and the country’s desire to stop burning coal, which provides more than a quarter of its electricity, a greater share even than in the United States.

Coal has particular resonance in the area around Görlitz, one of the country’s two large remaining mining regions. Germany’s coal-exit plan, which was passed in 2020, includes billions of euros in compensation for the coal regions, to help transform their economies, but there are reports that some of the money has been allocated to frivolous-sounding projects far from the towns most dependent on mining. Chrupalla, who is from the area, listed some of these in a mocking tone and told the crowd that the region was being betrayed by the government, just as it had been after German reuni­fication, when millions in the former East Germany lost their jobs, leading many to abandon home for the West. “We are being deceived again, like after 1990,” he said.

Such language was eerily familiar. For years, I had been reporting on American coal country, where the industry’s decadeslong decline has spurred economic hardship and political resentment. In West Virginia, fewer than 15,000 people now work in coal mining, down from more than a 100,000 in the 1950s. The state is the only one that has fewer residents than it did 70 years ago, when the U.S. had a population less than half its current size — a statistic that is unlikely to surprise anyone who has visited half-abandoned towns such as Logan, Oceana and Pine­ville. Accompanying the decline has been a dramatic political shift: A longtime Democratic stronghold, West Virginia was one of only 10 states to vote for Michael Dukakis in 1988; in 2020, it provided Donald Trump with his second-­largest margin of victory, after Wyoming, which also happens to be the country’s largest coal producer, ahead of West Virginia.

From Biscuits To Steel: Ohio Valley Organizing Goes Beyond Coal

By Katie Myers - Ohio Valley Resource, January 21, 2022

(Excerpt):

Public awareness of labor issues is growing but labor unions still face huge challenges.

Maxim Baru, an organizer with Industrial Workers of the World, spent the past months helping organize staff of the Ohio Valley Environmental Coalition, a regional nonprofit, after complaints of long hours, sleepless nights and low pay.

“Just because there’s a new sense of vibrancy doesn’t make the situation totally more advantaged,” Baru said. “A lot of employers still have enormous financial and political advantages over their employees.”

OVEC’s board retaliated sharply, firing two employees, according to former organizer Brendan Muckian-Bates.

“I think that’s one of the things that frustrates me the most about this whole thing is we didn’t even get to present a path forward for OVEC,” Muckian-Bates said.

Employees filed four unfair labor practice suits to recoup their pay. In November, the company’s board dissolved the organization instead of recognizing the union. The National Labor Relations Board is now attempting to extract back pay from the company for the two fired employees. A judge has frozen the nonprofit’s assets.

Baru said organizing nonprofits and other industries has been challenging, and many workplaces require a different approach than the old-school shop floor once did.

“If we deliver that demand by continuing to do a kind of one-size-fits-all cookie cutter prefabricated unionization drive, we’re going to disappoint a lot of people,” Baru said. “The process of unionizing can sometimes be very lengthy.”

A Just Transition Now or Climate Disaster is Inevitable

US Energy Transition Presents Organized Labor With New Opportunities, But Also Some Old Challenges

By Delger Erdenesanaa - Inside Climate News, July 27, 2021

President Biden’s push for “good, union jobs” in clean energy has increased hope that organizing solar and wind workers can close the pay gap between them and fossil fuel workers.

President Biden’s push for “good, union jobs” in clean energy has increased hope that organizing solar and wind workers can close the pay gap between them and fossil fuel workers.

Two years ago, Skip Bailey noticed a lot of trucks from a company called Solar Holler driving around Huntington, West Virginia. A union organizer with the International Brotherhood of Electrical Workers, Bailey saw an opportunity.

“We want to get in on the solar business,” he said, predicting the industry will grow in his home region, which includes historic coal communities in West Virginia, Kentucky and Ohio.

Bailey talked to Solar Holler about unionizing its employees who install photovoltaic panels on homes. IBEW showed the company its local training facility for electricians, and explained the health insurance and pension plans it offers. 

“It wasn’t a hard sell in either direction,” said the company’s founder and CEO, Dan Conant. He was already interested in securing union protections for his employees when Bailey contacted him, he said. The move fit with Solar Holler’s dedication to West Virginia’s legacy of energy production and strong union membership.

“It was not just good business, but it just really spoke to our history as a state,” he said.

Conant and Bailey’s efforts paid off in March 2020, when IBEW Local 317 and Solar Holler signed a contract. It’s just a start—Solar Holler only has about 20 unionized employees—but the agreement is an early example of the future Joe Biden is promising. The president frequently pledges to create millions of jobs while transitioning the U.S. to clean energy. Every time he does, he’s quick to add that these will be “good, union jobs that expand the middle class.”

“It’s a great talking point,” said Joe Uehlein, president of the Maryland-based Labor Network for Sustainability, an advocacy group pushing to unionize green jobs. But he added that Biden faces a difficult balancing act to achieve his pledge. 

Jobs and equitable transition: Bridging the chasm between rhetoric and action

By Sean O'Leary - Ohio River Valley Institute, May 26, 2021

There was a time when the sight of rows of office workers hammering away at their Friden adding machines would have sent me into paroxysms of delight because I, the Victor Comptometer salesman, had a new and better “programmable calculator” that could kick the Friden’s ass.

I was a young 1970s college graduate entering the workforce at the tail end of the era of mechanical business automation. Typewriters, adding machines, and mechanical cash registers were still the workhorses of stores and offices.

Behind all that machinery were companies – Burroughs, Monroe, Friden, Victor – whose names were as familiar then as Cisco, Oracle, and SAP are today. And those companies supported factories, sales offices, and repair facilities that provided living wage jobs to hundreds of thousands of workers and their families.

Then, within a little more than a decade, it was all gone. A year after I fizzled as a Victor salesman, I was playing at home with my new Radio Shack TRS-80 home computer and five years later, instead of an adding machine and typewriter on my desk at work, there sat an Apple II desktop computer, precursor to the Mac.

Gone too were those hundreds of thousands of jobs plunging not only workers and families, but entire communities, into financial crisis. One could argue that Dayton, Ohio, once home to National Cash Register and the business forms giant, Standard Register, never recovered.

The knock-out blow suffered by the office automation industry was as ferocious and sudden as the one that hit the American steel industry a few years earlier, the textile industry a few decades before that, and also as the one that possibly faces workers in the fossil fuel economy today.

So how did we as a society help displaced workers and communities manage the economic consequences of the transition from the mechanical workplace to a digital one? We didn’t. Thanks to the New Deal, we had unemployment insurance and Medicare and Medicaid were brand spanking new. But that was about it – a little help for individuals and families and none whatsoever for communities.

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