Government Intervenes in Train Safety Following Derailments: Mandates 2-Person Minimum Crew Rule

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After a number of train derailments and crises in recent years, including the February 2023 Ohio trail derailment, the Biden Administration is poised to increase rail safety. The Administration took a decisive step on Tuesday by implementing a new regulation that ensures most freight trains will operate with a minimum of two crew members.

This move, which has been a significant demand of rail worker unions for years, aims to enhance safety measures on freight trains and comes in the wake of concerns over potential strikes that were looming in 2022.

Unions’ Safety Concerns Addressed

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The U.S. Department of Transportation announced the finalization of a rule mandating that all major freight railroads must staff their trains with at least two personnel. This development is a significant win for rail worker unions, who have long argued that a two-person crew minimum is essential for maintaining safety standards and preventing worker fatigue on long and potentially hazardous journeys.

The Rationale Behind the Rule

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The necessity of this rule comes into sharp focus when considering the size and complexity of freight train operations. Many freight trains can measure over three miles in length, posing unique challenges for crew management and safety protocol adherence.

Transportation Secretary Pete Buttigieg emphasized that ensuring trains are safely staffed is not just common sense but now a requirement backed by federal regulation.

Buttigieg’s Statement

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Secretary Buttigieg expressed pride in enacting this rule, highlighting its role in safeguarding workers, passengers, and communities. By mandating a minimum crew size, the federal government aims to address long-standing safety concerns and improve the overall security of the nation’s freight rail system.

Intensified Scrutiny on Rail Safety

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Rail safety has been under intense scrutiny, especially following a significant derailment in East Palestine, Ohio, in February 2023. A train operated by Norfolk Southern and carrying toxic chemicals derailed due to an overheated bearing despite being manned by a two-person crew.

Union Demands and Congressional Action

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In late 2022, rail unions prominently demanded the implementation of two-person crews, among other safety measures. Although an initial agreement was reached between rail operators and union leaders, it was ultimately rejected by union members, leading to Congressional intervention and President Biden signing a bill that enforced the agreement.

Legislative Support for the Rule

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Senators Sherrod Brown (D-Ohio) and J.D. Vance (R-Ohio) have been vocal supporters of stricter rail safety legislation in the wake of the East Palestine derailment. They praised the new rule but also emphasized the necessity of passing additional legislation to secure these safety improvements and introduce further measures to prevent future derailments.

Bipartisan Efforts for Permanent Change

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Both senators have stressed the importance of passing their bipartisan rail safety bill to make the changes permanent. They argue that without legislative backing, these improvements remain vulnerable to rollback efforts by powerful railroad lobbyists.

Community and Worker Safety

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The rule’s emphasis on a two-person crew minimum is seen as a fundamental step in ensuring that freight trains are operated safely and efficiently. By having more than one person managing these massive and often hazardous trains, the likelihood of accidents due to human error or oversight is significantly reduced.

The Aftermath of East Palestine

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The East Palestine derailment has served as a catalyst for these regulatory changes, highlighting the potential consequences of inadequate safety protocols. The incident not only caused immediate harm but also raised serious questions about the long-term health and environmental impacts on affected communities.

Federal vs. Railroad Safety Measures

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Critics of the railroad industry’s approach to safety have argued that leaving safety measures to the discretion of the companies themselves has proven insufficient. The new rule represents a shift towards more direct federal involvement in setting and enforcing safety standards.

Challenges Ahead

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Despite the new rule, challenges remain in ensuring its full implementation and in pushing for further safety measures. Railroad companies and lobbyists are expected to push back against these regulations, highlighting the ongoing battle between industry interests and safety advocacy.

Looking Forward

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The enactment of the two-person crew rule marks a significant milestone in rail safety regulation, but it also underscores the need for continued vigilance and advocacy. Ensuring the safety of freight train operations requires ongoing efforts to adapt to new challenges and to advocate for comprehensive safety standards that protect workers, passengers, and communities alike.

Federal Railroad Administration Responsible for Government Rail Oversight

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In the United States, the Federal Railroad Administration (FRA) is responsible for collecting and reporting data on railroad safety, which includes statistics on train derailments.

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