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    Ohio senators introduce safety rules after toxic train derailment disaster

    Ohio senators introduce safety rules after toxic train derailment disasterRailroads would be subject to new federal regulations and financial consequences under legislation Railroads like the one involved in last month’s crash and toxic chemical release in East Palestine, Ohio, would be subject to new federal regulations and financial consequences under legislation introduced on Wednesday by the state’s two US senators.The Railway Safety Act of 2023 is cosponsored by Sherrod Brown and JD Vance, a Democrat and Republican, and others of both parties.The bill responds to the derailment of a Norfolk Southern train near the Pennsylvania border on 3 February, when 38 cars derailed and more burned.‘Crafting an illusion’: US rail firms’ multimillion-dollar PR pushRead moreThough no one was injured or killed, the accident imperiled neighborhoods in both states, prompting an evacuation of about half the 4,000 residents of East Palestine, a multi-agency emergency response and worries about health impacts.The new bill aims to address questions including why the Ohio state government was not made aware the hazardous load was coming through and why the crew did not learn sooner of an impending malfunction.“Through this legislation, Congress has a real opportunity to ensure that what happened in East Palestine will never happen again,” Vance said. “We owe every American the peace of mind that their community is protected from a catastrophe of this kind.”Brown said it shouldn’t take a disaster for elected officials to work for their communities.“Rail lobbyists have fought for years to protect their profits at the expense of communities like East Palestine and Steubenville and Sandusky,” he said. “These commonsense bipartisan safety measures will finally hold big railroad companies accountable, make our railroads and the towns along them safer, and prevent future tragedies, so no community has to suffer like East Palestine again.”Under the bill, all trains carrying hazardous materials, including those that do not fall under existing regulations for high-hazard flammable loads, would face new requirements. Carriers would need to create emergency response plans and provide information and advance notification to emergency response commissions in each state a train passes through.Hazardous materials shipments account for 7% to 8% of roughly 30m railroad shipments in the US each year. But almost any train, aside from grain or coal trains, might carry one or two cars of hazardous materials, because railroads often mix shipments.The Association of American Railroads says 99.9% of hazardous materials reach their destinations safely, and railroads are generally regarded as the safest option to transport chemicals on land.Railroad unions argue that operational changes and widespread job cuts have made railroads riskier. They say employees are spread thin and train crews deal with fatigue because they are on call 24/7.The new bill would set train crews at a two-person minimum. The provision isn’t in response to East Palestine – where the train had three crew members – but to a trend toward one-person crews. The Federal Railroad Administration was already considering requiring two-person crews in most instances. That rule was proposed last summer but the agency is reviewing comments received.Under the Senate bill, the US Department of Transportation would be required to revisit rules on train size and weight and to work to stop delays causing trains carrying hazardous loads to block rail crossings.Train lengths have grown to two miles or more, as railroads streamline operations. Unions say longer trains are more prone to problems and can clog lines because they extend farther than sidings off main tracks.Brown, Vance and their cosponsors – including the Pennsylvania Democrats Robert Casey and John Fetterman and the Republicans Marco Rubio, of Florida, and Josh Hawley, of Missouri – also would increase the maximum fine the US Department of Transportation can impose for safety violations. It would rise from $225,000 to up to 1% of a railroad’s annual operating income, which could be tens of millions of dollars.The bill also requires railroads to pay for hazardous materials training for first responders.The National Transportation Safety Board determined the crew in East Palestine was alerted by a device detecting overheating bearings, but not soon enough to prevent the crash. Federal regulators have urged rail operators to re-examine practices regarding such detectors. The Senate proposal would make them more prevalent.The bill would set requirements for installing, maintaining and placing the devices and mandate they scan trains carrying hazardous materials every 10 miles, twice as often as the East Palestine train was scanned. No federal requirements exist for wayside detectors, though they are widely used.The Federal Railroad Administration would be required under the bill to update inspection regulations to ensure cars carrying hazardous materials receive regular checks. Railcar inspectors previously had about two minutes to inspect every car but now get about 30 to 45 seconds, unions say. Signalmen who maintain signals and warnings at crossings have bigger territories to cover.Two Democrats, Chris Deluzio of Pennsylvania and Ro Khanna of California, have introduced a separate bill in response to East Palestine in the Republican-held House.TopicsOhio train derailmentUS politicsRail industrynewsReuse this content More

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    ‘Crafting an illusion’: US rail firms’ multimillion-dollar PR push

    ‘Crafting an illusion’: US rail firms’ multimillion-dollar PR pushNorfolk Southern, the company behind the Ohio train crash, and other rail firms spent millions on marketing and lobbyingSix children, smiling and laughing, sit at a table with lunch boxes open in front of them. “Hey guys! My dad can stop a train with his finger,” one brags. “My mom can see into the future,” another says, holding up her hands as binoculars. “My mom? She speaks train,” a third claims.‘Nobody has answers’: Ohio residents fearful of health risks near train siteRead moreJust then, her mom walks into the room. Another child asks if it’s true that she can talk to trains. “You betcha,” she says with a wink, as she stands in front of a sky-blue sign emblazoned with the logo of the Norfolk Southern Corporation.The kids’ conversation takes place in “Everyday Superheroes”, a 2018 video created for Norfolk Southern, the $12.7bn operator of the train carrying toxic chemicals that derailed earlier this month in East Palestine, Ohio, causing an environmental disaster of still unknown proportions.The video, part of an ad campaign called “Reimagine Possible”, was produced by RP3, a Maryland-based public relations agency. RP3 said the campaign was designed to reach “policymakers and opinion elites… whose perceptions are vital to Norfolk Southern’s success.” The people targeted by the campaign “tend to support companies whose leadership helps spur innovation and growth”, the agency wrote, explaining in a case study how the campaign was designed to “convince people they’re actually innovative”.The PR push is a window into a years-long, multimillion-dollar campaign by America’s biggest railroad corporations to win favor among federal regulators and policymakers and push back against calls for tougher regulation – a successful campaign that is coming under closer scrutiny following the Ohio disaster.Another video, set to its own version of School House Rock’s Conjunction Junction, starts with the lyrics: “Norfolk Southern, what’s your function? Hooking up the country, helping business run. Trains! They haul everything, safely and on time.”Between 2015 and 2022, the Association of American Railroads (AAR), the trade organization representing large train companies, spent more than $39.4m lobbying the federal government, according to data compiled by the nonprofit OpenSecrets. The AAR and its dues-paying members, who include Norfolk Southern, Union Pacific, BNSF and CSX, have also made millions of dollars’ worth of political contributions.But as Norfolk Southern’s “Reimagine Possible” campaign reflects, the industry also employs more indirect tactics to promote what the AAR calls “balanced regulation”, its euphemism for eliminating mandatory, government-enforced safety standards in favor of voluntary, industry-led oversight.An analysis by the Guardian found that between 2015 and 2019, the most recent year for which data are available, the AAR paid Subject Matter, a Washington DC-based PR and government affairs firm, more than $23.3m for “paid media consulting + advertising,” according to the AAR’s annual filings with the Internal Revenue Service (IRS). That sum represents nearly as much as the group spent on lobbying during the same period.Subject Matter’s work for the AAR included “Freight Rail Works”, which the agency described as “a comprehensive campaign to help ensure this critical industry remains top-of-mind for Washington DC-area policymakers and influencers.” “Transforming for Tomorrow”, another campaign produced by Subject Matter, was designed to “showcase the surprising technological advancements that power America’s rail network” and “cover all major touchpoints for our DC beltway audience”. Neither Subject Matter nor RP3 responded to a request for comment.According to the AAR’s 2019 tax filing, the trade association’s “integrated communications campaign” is designed in part to demonstrate “how railroads use modern technology to improve safety and provide public benefits”.As part of its communications push, the AAR has paid for dozens of sponsored articles in the Washington Post and Politico, two publications widely read by the “policymakers and opinion elites” who the group targets with its messages of innovation and self-regulation. Under headlines such as “No need to fix a freight rail system that is thriving” and “How America’s freight railroads became great again,” the AAR touts its members’ impact on the US economy and warns of the consequences of new regulations. Other stories, including “How freight rail is putting the brakes on human error,” argue that the industry is already making technology investments on its own, with the implication (and sometimes the explicit connection) that new safety requirements are unnecessary or even detrimental to those efforts.The rail industry has also spent hundreds of thousands of dollars a year funding GoRail, a tax-exempt 501(c)4 organization that advocates for the railroad industry before local, state and federal policymakers and officials. According to IRS filings, between 2015 and 2019 the AAR gave $2m to GoRail, a sum that represents more than one-fifth of GoRail’s total revenue during that period.GoRail’s operations are tightly integrated with the country’s largest rail companies, and its agenda is closely aligned with their interests. GoRail’s board consists almost entirely of railroad executives and the president of the AAR, and the role of board chair rotates annually among executives from Norfolk Southern, BNSF, Union Pacific and other firms. GoRail and the AAR, as well as Railpac, the AAR’s political action committee, all operate out of the same building in Washington DC. Neither GoRail nor the AAR responded to requests for comment.Unlike the AAR, however, GoRail exists to generate grassroots support – or the appearance of grassroots support – for the industry’s policy agenda. GoRail’s annual reports and IRS filings regularly boast of how many letters it sent to Congress, social media “impressions” it generated and “lawmaker-advocate connections” and “educational meetings” it organized. As a Norfolk Southern executive who chaired the GoRail board wrote in the organization’s 2017 annual report, “Via thousands of field meetings with key local influencers annually and a sophisticated media strategy, GoRail’s team is able to build the relationships that matter and then utilize these connections to impact policy decisions when it counts.”One policy decision to which the industry remains strongly opposed is a proposal from the Federal Railroad Administration (FRA) to require most trains, particularly those carrying hazardous materials, to have at least two crew members on board. The “train staffing” rule’s supporters, including railroad workers and their union representatives, argue that having multiple workers on board makes trains safer to operate and leaves them more capable of responding to accidents when they occur.Individual companies such as Norfolk Southern and Union Pacific, as well as GoRail and the AAR, have helped lead the industry’s opposition to the proposal, frequently using the same arguments that they deploy in their PR campaigns to argue that the rule is unnecessary because of their investments in new technologies.Crew tried to stop Ohio train after alert about wheel bearing, safety report findsRead moreDuring a 14 December FRA hearing about the rule, for instance, a representative for Norfolk Southern told the FRA that the company opposed the train staffing requirement in part because it would prevent the company from “redeploy[ing]” conductors from trains to “ground-based role[s]”. “Once again technology has supplanted the conductor’s traditional safety role,” the representative said.A Union Pacific representative, meanwhile, told the FRA that while the company “has always been, and continues to be, a driver of innovation in this industry”, the train staffing proposal “is threatening to take us down the path of obsolescence”. A GoRail issue brief makes a similar claim that “Mandating a specific railroad crew is a disincentive to research new technologies”.In quarterly earnings calls and presentations to shareholders, however, the companies suggest that reducing the number of workers on trains is as much about cutting short-term costs as it is about developing new technology or promoting innovation. Even as Norfolk Southern’s PR campaign calls its workers “everyday superheroes”, over the past two decades the company has managed to cut more than 9,600 jobs while increasing shareholder dividends and stock buybacks by 4,500%, as More Perfect Union recently reported. “Crew staffing of trains…has remained consistent,” a company spokesperson told the Guardian in a statement. “Norfolk Southern continues to make substantial progress recruiting new crew members.”“When [companies] think of railroad, they do not think of cutting-edge. They think of cutting crew size and cutting corners to do it,” said Vincent Verna, a representative of the Brotherhood of Locomotive Engineers and Trainmen and a former locomotive engineer for Union Pacific, during the 14 December FRA hearing. “Simply cutting the size of the crew for more profits has nothing to do with technology and everything to do with avarice.”The railroad industry has deployed a similar two-step argument in opposition to other safety proposals, including a rule that would have required trains to use electronically controlled pneumatic (ECP) brakes, as the Lever reported. The publication found that during the Trump administration, Norfolk Southern and the AAR helped defeat a proposal to require ECP brakes on trains carrying hazardous materials – even though ECP brakes were one of the innovations that industry leaders, including Norfolk Southern, had “previously touted” as examples of the industry’s technological prowess.While there is little doubt that railroad companies are indeed investing in and implementing new technology, the industry appears determined to use the idea of technology – as well as the prospect of future technology – to defeat new safety requirements and regulations.Its approach was summed up in a 2017 blog post from the PR agency hired by the AAR to “deliver [the] message home to policymakers” that the industry’s technology investments are important for the US economy. The agency created a video of a hard hat- and yellow safety vest-clad spokesperson for Freight Rail Works being “cloned” dozens of times. The video’s header: “Association of American Railroads: Crafting an illusion to deliver a powerful message”.TopicsOhio train derailmentRail industryUS politicsOhiofeaturesReuse this content More

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    Senate moves quickly to avert US rail strike by passing key bill

    Senate moves quickly to avert US rail strike by passing key billBill goes to Biden’s desk for his signature after legislation that binds rail firms and workers to settlement plan passes 80-15 The Senate moved quickly on Thursday to avert a rail strike that the Biden administration and business leaders warned would have had devastating consequences for the nation’s economy.The Senate passed a bill to bind rail companies and workers to a proposed settlement that was reached between the rail companies and union leaders in September. That settlement had been rejected by some of the 12 unions involved, creating the possibility of a strike beginning 9 December.The Senate vote was 80-15. It came one day after the House voted to impose the agreement. The measure now goes to Joe Biden’s desk for his signature.“I’m very glad that the two sides got together to avoid a shutdown, which would have been devastating for the American people, to the American economy and so many workers across the country,” the Democratic majority leader, Chuck Schumer, told reporters.Schumer spoke as the labor secretary, Marty Walsh, and transport secretary, Pete Buttigieg, emphasized to Democratic senators that rail companies would begin shutting down operations well before a potential strike would begin. The administration wanted the bill on Biden’s desk by the weekend.Shortly before Thursday’s votes, Biden – who had urged Congress to intervene earlier this week – defended the contract that four of the unions had rejected, noting the wage increases it contains.“I negotiated a contract no one else could negotiate,” Biden said at a news briefing with Emmanuel Macron, the French president. “What was negotiated was so much better than anything they ever had.”Critics say the contract that did not receive backing from enough union members lacked sufficient levels of paid leave for rail workers. Biden said he wanted paid leave for “everybody” so that it wouldn’t have to be negotiated in employment contracts, but Republican lawmakers have blocked measures to require time off work for medical and family reasons.The US president said that Congress should now impose the contract to avoid a strike that Biden said could cause 750,000 job losses and a recession.Senators also voted on Thursday on a measure, passed in the House on Wednesday along party lines, that would provide seven days of paid sick leave to railroad workers.It fell eight votes short of a 60-vote threshold needed for passage in the Senate.The rail companies and unions have been engaged in high-stakes negotiations. The Biden administration helped broker deals in September but four of the unions rejected them. Eight others approved five-year deals and are getting back pay for their workers for 24% raises retroactive to 2020.The unions maintain that railroads can easily afford to add paid sick time when they are recording record profits. Several of the big railroads involved in these contract talks reported more than $1bn profit in the third quarter.TopicsUS SenateUS CongressRail industryRail transportUS economyUS politicsJoe BidennewsReuse this content More

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    US House approves bill to block rail strike and mandate paid sick leave

    US House approves bill to block rail strike and mandate paid sick leaveLawmakers vote to impose tentative contract deal on a dozen unions as Bernie Sanders calls for sick-day amendment The House of Representatives on Wednesday voted to approve a bill to block a potentially crippling US rail strike – but also to mandate paid sick time for the workers.In the US Senate, Bernie Sanders, the Vermont independent who caucuses with Democrats, announced that he would object to fast-tracking Joe Biden’s proposal that Congress impose an industrial settlement, until he can get a roll-call vote on the amendment that would guarantee seven paid sick days for rail workers.The House voted 290-137 to impose a tentative contract deal that had been reached in September, but which four key unions had refused to join, on a dozen unions representing 115,000 workers.The US president, who built a reputation on being pro-labor and put himself at loggerheads with the unions after asking Congress to avert a strike, had warned of the catastrophic impact of a rail stoppage that could begin as early as 9 December and could cost the US economy about $2bn a day by some estimates, with chaos hitting freight and passenger traffic.On Tuesday, the House speaker, Nancy Pelosi, and Senate majority leader, Chuck Schumer, indicated they would attempt to push through a bill to impose the settlement, albeit expressing reluctance.Workers expressed dismay at the stance of Biden and his administration.‘Joe Biden blew it’: rail unions decry plan to impose deal through CongressRead moreOn Wednesday, the House passed the bill to block the strike and, separately, voted 221-207 to give seven days of paid sick leave to railroad employees, a plan that faces an uncertain fate in the evenly split Senate. Democrats and some Republicans have expressed outrage over the lack of paid short-term sick leave for railroad workers.“We know much more needs to be done for railroad workers,” Pelosi said ahead of the votes. “No one should be at risk of losing his or her job by staying home when sick, needing to see a doctor or getting lifesaving surgery.”A rail strike could freeze almost 30% of US cargo shipments by weight, stoke already surging inflation, cause widespread job losses and strand millions of long-distance Amtrak passengers and commuter rail services.After the vote, Biden called on the Senate to act “urgently”.“Without the certainty of a final vote to avoid a shutdown this week, railroads will begin to halt the movement of critical materials like chemicals to clean our drinking water as soon as this weekend,” he said in a statement.Asked if Biden supported the separate House measure to require sick leave, the White House press secretary, Karine Jean-Pierre, said that the president broadly supported paid sick leave for all Americans “but he does not support any bill or amendment that would delay getting this bill to his desk”.Railroad companies and the US Chamber of Commerce oppose amending the contract deal that was struck in September largely on the recommendations of an emergency board appointed by Biden.The influential business lobby group said the sick leave, if passed and signed into law, “would impose an unworkable, one-sided modification to a labor agreement”.Biden on Monday praised the proposed contract that includes a 24% compounded pay increase over five years and five annual $1,000 lump-sum payments, and had asked Congress to impose the agreement without any modifications.There are no paid short-term sick days under the tentative deal, after unions asked for 15 and railroads settled on one personal day.“This all could have been avoided had the railroads been willing to provide their employees with a basic protection and what so many Americans already have: paid sick time,” the House transportation committee chair, Peter DeFazio, said.Ian Jefferies, chief executive of the Association of American Railroads, said House action on sick leave could undermine future collective bargaining and argued the unions had historically bargained for higher overall wages and a more generous long-term leave policy.The contracts cover workers at carriers including Union Pacific, Berkshire Hathaway’s BNSF, CSX, Norfolk Southern Corp and Kansas City Southern.The transportation secretary, Pete Buttigieg, and labor secretary, Marty Walsh, are expected to speak to Senate Democrats on Thursday about the rail labor issue.TopicsHouse of RepresentativesUS CongressJoe BidenUS politicsRail industrynewsReuse this content More

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    Congress expected to impose contract on US railroad workers to avert strike

    Congress expected to impose contract on US railroad workers to avert strikeCiting ‘catastrophic’ risk to US economy, Nancy Pelosi announces impending vote to bind unions to September negotiations The US House speaker, Nancy Pelosi, has announced that her fellow members of Congress plan to vote this week on imposing a new contract for railroad workers to avert a looming labor strike.Pelosi made the announcement late on Monday afternoon just after Joe Biden called on Congress to intervene to prevent a strike, a possibility if an agreement between the freight rail industry and unions is not made by 9 December.How a potential US rail strike could affect the economyRead moreIn a statement referring to the president’s request, Pelosi said that Democrats were “reluctant to bypass” negotiations but “we must act to prevent a catastrophic nationwide rail strike, which would grind our economy to a halt”.The agreement that would be imposed if passed by both congressional chambers comes from negotiations that were made in September between the rail companies, several unions and the Biden administration. It would entail a 24% raise by 2024, $1,000 in annual bonuses and a cap on healthcare premiums.Four unions – including the largest rail union, the International Association of Sheet Metal, Air, Rail and Transportation Workers (Smart), which represents more than 28,000 rail workers – rejected the agreement and had been negotiating with rail companies over the last several weeks. Smart turned down the tentative deal with rail management on 21 November, inching closer to a potential strike in December.The dozen rail unions, including those who voted in favor of the September deal, agreed to strike if just one union rejects any agreement and takes the dispute to the picket line. The rail industry has estimated a strike would cost the economy $2bn a day as key ground transportation for goods and passengers would be halted.Congress has the ability to impose an agreement on to the rail workers to avert a strike, something Democrats have been holding off on doing to give more room for unions to negotiate with management.The deadlock between management and the unions is mostly over paid sick leave. The union argues that workers should get at least six days of paid sick leave. They are currently expected to use vacation time if they call out sick and are penalized if they take time off without using vacation days. The agreement Congress is considering does not include a sick leave provision.On Monday, Biden said that he was “a proud pro-labor president” but that the effects of a strike would be too severe on the US economy.“Where the economic impact of a shutdown would hurt millions of other working people and families – I believe Congress must use its powers to adopt this deal,” the president said in his statement. “Some in Congress want to modify the deal to either improve it for labor or for management. However well-intentioned, any changes would risk delay and a debilitating shutdown.”The Railroad Workers Union on Tuesday issued a statement responding to Biden, saying that the president “blew it”.“He had the opportunity to prove his labor-friendly pedigree to millions of workers by simply asking Congress for legislation to end the threat of a national strike on terms more favorable to workers,” the statement said.In her statement, Pelosi said that the House will take up the agreement “with no poison pills or changes to the negotiated terms” and will soon send it to the Senate if passed.TopicsUS unionsUS CongressRail industryNancy PelosiJoe BidenUS politicsnewsReuse this content More