toxics

By Union Jake and Adam - Valley Labor Report, March 2, 2023

By Jeff Kurtz, Mark Burrows, and Maximillian Alvarez - The Real News Network, February 23, 2023

By Alan Fisher - Alan Fisher, February 23, 2023

By Hugh Sawyer and Steve Zeltser - Work Week Radio, February 23, 2023

By Union Jake, and David Story - Valley Labor Report, February 22, 2023

By Brendan J. Lyons - Albany Times-Union, February 21, 2023

The university's announcement came nine months after Dr. David Carpenter was directed not to visit any campuses and to perform his duties from home.

ALBANY — The University at Albany late Tuesday said that Dr. David O. Carpenter, the longtime director of the school's Institute for Health and the Environment, will not face discipline and "is no longer on an alternate assignment and may now teach and conduct research on campus."

The university's announcement came as Carpenter received increasing support from environmental advocates to be reinstated after he was directed nine months ago not to visit any campuses and to perform his duties from home as the school investigated his extensive work testifying as an expert witness in toxic pollution cases.

"UAlbany’s investigation regarding Dr. Carpenter has concluded, and no discipline will be imposed based on such investigation," a university spokesman said in a statement. "As is standard, UAlbany and Dr. Carpenter also entered into a Conflict Management Plan to ensure future activities are carried out in compliance with all applicable laws and policies. UAlbany reiterates in the strongest possible terms our full commitment to unfettered academic freedom."

Carpenter became the subject of a disciplinary investigation last year after a Freedom of Information Law request was filed by an attorney with Shook Hardy & Bacon, a Missouri law firm that represents Monsanto Company in toxic pollution cases it has faced across the nation.

Carpenter, who said he donates the money he receives from his expert testimony to Ph.D. students and the university's research program, has testified against Monsanto in numerous "toxic tort" cases — in which plaintiffs allege injuries from toxic substances — that have yielded multi-million-dollar verdicts against the company.

In a statement issued Wednesday, Carpenter said he is "very happy that the university has concluded its investigation and announced that my work as an expert witness did not merit discipline."

Carpenter will be able to resume his outside work testifying as an expert witness in toxic pollution cases but will also sign a "conflict management plan to ensure future activities are carried out in compliance with all applicable laws and policies," the unversity said.

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 Geoff Mirelowitz and Marilee Taylor - World Outlook, February 20, 2023

The February 3 derailment of a Norfolk Southern (NS) train carrying hazardous chemicals caused an inferno and the release of enormous plumes of toxic black smoke over East Palestine, Ohio. It has brought into sharp focus the danger the railroads’ relentless drive for profit poses to public safety.

This is the same motive that led the rail barons to refuse paid days off to railroad workers who are sick or too exhausted from long and unpredictable hours of work to operate trains safely. In December, President Joe Biden and the U.S. Congress backed the railroad owners, imposing the new national rail contract they insisted on. (See “Rail Contract Shows Unions Need New Leadership; Workers Need Our Own Party.”)

News coverage of the derailment shined a spotlight on the enormous profits the railroad owners are raking in. A front-page article in the February 18 New York Times reported, “Norfolk Southern, which earned more than $3 billion last year… over the past five years… paid shareholders nearly $18 billion through stock buybacks and dividends — twice as much as the amount it invested in its railways and operations. Other large railways have paid out billions to their shareholders, too, and their shares have done better than the wider stock market over the last decade.”

Health dangers threaten community

Residents of East Palestine were ordered to evacuate while photos and videos of the frightening flames from the derailment quickly made national news.

On February 6, a “controlled release” of toxic fumes from the derailed and hazardous cars was conducted, leading to more gruesome images. Two days later residents were assured it was safe to return to their homes. Norfolk Southern rushed to run trains through the town again. But the danger was far from over.

By Rebekah Entralgo - Inequality.org, February 17, 2023

Following multiple, dangerous derailments across the country, those working the railroad have a solution to the nation's rail crisis: public ownership.

The toxic clouds that billowed up from a derailed freight train in Ohio earlier this month are a chilling metaphor for the toxic greed that has infected so many of our big corporations.

After having to evacuate, residents of the town near the derailment are cautiously going back home, but they still don’t know the full extent of the damage to the area’s environment and public health.

The Norfolk Southern train was carrying dangerous chemicals, including vinyl chloride, a highly flammable carcinogen that is more harmful than even ammonia and natural gas, according to federal regulations.

Following the derailment, locals have reported evidence of the sudden death of fish and wildlife, in addition to people having difficulty breathing, numb limbs, and rashes, among other possible physical symptoms from the chemical exposure.

Unions representing rail workers had warned of the possibility of just such a catastrophe.

In contract negotiations last year, they denounced a business model known as “precision scheduled railroading,” which aims to boost profits by running bigger and faster trains with smaller crews. The practice has even earned a nickname among rail workers: “positive shareholder reaction.” Combined with a lack of guaranteed sick pay, this created dangerous conditions for overworked rail employees.

Where have all the profits gone?

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.