Nebraska Lawmakers Look At Train Safety

By Gordon HopkinsThe recent derailment of a Norfolk Southern train carrying toxic chemicals in East Palestine, Ohio, has led to an increased focus on train safety among some Nebraska government officials.Track Safety InspectorOn Monday, March 6, Governor Jim Pillen responded to recent news reports that the Nebraska Public Service Commission (PSC) has failed to employ a railroad track safety inspector for two decades. He is calling on the agency to refocus efforts to protect public safety.“The Nebraska Public Service Commission exists to protect public safety, especially in the areas of our state’s railroads, telecommunications, 911, and oil pipelines,” said Pillen. “Recently, there have been multiple railroad derailments in Nebraska while key railroad inspector positions have remained unfilled at the PSC for years. I call on the PSC to refocus on its core duties and remain diligent in bettering rail safety.”Train CrewsAlso on March 6, the Nebraska Legislature’s Transportation and Telecommunications Committee heard testimony about LB (Legislative Bill) 31. According to the bill’s statement of intent, “LB31 prohibits any train or light engine used in connection with the movement of freight from being operated unless it has a crew consisting of at least two individuals. Two-person crews can play a major role in helping to prevent potential accidents or derailments, as well as allowing potential problems to be addressed while an individual remains in the cab.”The bill was introduced by Senator Mike Jacobson, District 42, who told the committee, “Eight other states currently require two person crews and several other states are considering passing a two person crew to enable safety. Nebraska needs to be number nine. Although the Federal Rail Administration, the FRA, is discussing steps to determine this requirement to retain this requirement at the federal level. They have not yet today, not yet acted and they have been inconsistent in the past when it comes to maintaining rules. Meanwhile, train lengths have grown from one mile to over three-and-a-half miles over the past few years. Single employee operation is inherently unsafe and dangerous for both the public and employees. Engineers must stay in the cab under all circumstances, and often must be there up to 12 hours, with no breaks and no cell phones, alone. These long haulers lead to increased stress levels and mental fatigue, which can result in less effective decision making in an emergency situation. Conductors are essential for safety.”Several people spoke in favor of the bill, including a number of current or former railroad employees. Amanda Snide, a conductor for Union Pacific Railroad and a member of the Nebraska State Volunteer Firefighters Association, said, “You guys have the chance to help make Nebraska safe for not only us, the locomotive engineers that ride in the trains with us, (and) the towns that we travel through.”Another supporter was retired conductor John Foote, who described a derailment he lived through. Foote said, “There’s tons of instances where conductors are helpful.”Among those speaking in opposition to the bill was Jeff Davis, a representative of BNSF Railway representative, “ A skilled human workforce and a culture promoting safety are the foundation of our safety plan. But sometimes we disagree with our employees on how to get there.”“We disagree with our union that LB 31 is about safety. We’ve reduced the size at least three times over the last 50 years,” said Davis. “This is a collective bargaining issue and a federal issue.”Davis also noted, “More than 400 shortline railroads in the United States, and at least two or three in Nebraska, have been safely operating with one engineer in the cab for two decades or longer with no reported accidents.”The committee took no action.Blocked Railroad CrossingsAnother bill under consideration would amend Section 75-109 and require railroad companies to report instances of blocked train crossings. The reports would be compiled by the Public Service Commission and include any recommendations.LB 234 was sponsored by Senator Lynn Walz, District 15.Traffic being delayed by trains blocking intersections for extended periods of time is not an uncommon problem in Nebraska. This can be especially dangerous when those being delayed included emergency vehicles. Earlier this year, An oil tank near Fairbury’s defunct Municipal Power Plant caught fire. Firefighters were delayed for several minutes by a train before reaching the blaze.

Cock-A-Doodle Don’t

3.15.23

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