Senate members introduced a rail safety bill after Ohio's toxic rail derailment

A new bill introduced by three senators on Thursday seeks to address long-standing rail safety concerns as a result of last month's derailment of an Ohio-Pennsylvania commuter train carrying toxic materials near the Ohio-Pennsylvania border, the latest development in the aftermath of last month's derailment.

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In a new bill that has been introduced by Democratic Sens. John Fetterman and Bob Casey of Pennsylvania and Sherrod Brown of Ohio, the new Railway Accountability Act would build on provisions of the previous bipartisan Railway Safety Act. This measure was introduced earlier this month by Senator Brown and his colleague from Ohio, Republican J.D. Vance. A large part of the bipartisan bill has been endorsed by the CEO of Norfolk Southern, Alan Shaw.

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There was an incident on February 3 when a train derailed in East Palestine, Ohio, releasing toxic chemicals into the environment. Shaw said Norfolk Southern will continue to support the cleanup efforts in the area as long as they are needed. It has been declared safe to live in the town by him and government officials, but residents and workers on the cleanup site have complained of illnesses related to the cleanup. Additionally, the state of Ohio has filed a lawsuit against the company as well.

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The Federal Railroad Administration would be required to study wheel-related failures and derailments, as well as mechanical defects, as part of the new measure. Among the other measures that will be implemented by this bill are new brake safety measures, an improvement in switchyard safety practices, as well as ensuring that railways provide adequate safety equipment and reports to their employees. An initial report from the National Transportation Safety Board has indicated a possible cause for the Norfolk Southern train derailing was an overheated wheel bearing, but it does not give an exact reason for the incident.

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This bill, which has received the support of major labor unions, would also require large freight railroad companies to participate in a confidential reporting system where incidents such as close calls and unsafe situations would be evaluated and recorded for future evaluation.

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There were no Republican sponsors of the bill as of Thursday, which could make its passage through the GOP-controlled House more difficult. It has been argued by some Republican members of Congress and conservative advocacy groups that more regulations would not prevent derailments but rather would increase their costs.

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There have been years of rail lobbyists insinuating that they have been protecting their profits at the expense of communities like East Palestine, Steubenville, and Sandusky, according to Brown, who is up for reelection next year. "It's time to hold big railroad companies accountable for their actions, to make railroads and their towns safer, and to prevent future tragedies like East Palestine by putting in place common-sense safety measures that will now ensure no community has to go through the same experience as East Palestine in the future."

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The Assistance for Local Heroes During Train Crises Act is a new bill introduced by Fetterman, Casey, and Brown in a bid to support first responders who are tasked with responding to hazardous train derailments after their derailment.

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This recently introduced Railway Safety Act, which is being opposed by some of the top Republicans, would enact stricter safety requirements for trains carrying hazardous materials, as well as improve the frequency with which rail cars are inspected. The bill would also require that trains carrying hazardous materials be operated by two-person crews. This provision has been opposed by Shaw, the CEO of Norfolk Southern.

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“To our knowledge, we do not have any data that shows that crew size is associated with safety,” Shaw said last week during a Senate hearing.

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BNSF Railway derailment and fire in Raymond, Minnesota, were caused by a train carrying ethanol that derailed on the same day as the bill from Fetterman, Casey, and Brown. There has been an evacuation of residents near the site as a result of the incident, officials have said.

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According to BNSF, no injuries were reported in the incident and the cause is under investigation.