The views expressed here are solely those of the author and do not necessarily represent the views of FreightWaves or its affiliates.
On Tuesday, the National Transportation Safety Board will hold an unusual field hearing in East Palestine, Ohio, to release its accident investigation report on last year’s derailment.
These accident investigation board meetings usually occur in Washington. The NTSB is certainly hoping to make a splash more than 16 months after the incident — and with the Department of Transportation having jumped ahead with regulatory actions that may or may not be relevant to improving rail safety.
Congress, meanwhile, is also locked in negotiations about what steps it can take this year.
While the NTSB report itself remains embargoed until release, it may be helpful for observers to keep in mind some commonsense steps that could improve the safety of rail freight transport.
What happened in East Palestine was tragic. Policymakers and the industry have work to do to address the substantive concerns of both the general public (which depends on rail freight) and the communities affected (which have borne the cost of this and other derailments).
- Some perspective is in order. Railroads are the safest way to transport goods and people over land. According to data from the Federal Railroad Administration, from 2000-2023, freight railroads have seen a significant reduction in accidents thanks to increased safety measures:
- Total train accidents are down by 27%.
- Derailments have been reduced by 30%.
- Employee injuries have been reduced by 50%.
- Hazmat incidents, including ones like the release at East Palestine, are down by a remarkable 75%.
At the same time, railroads transport goods that are integral to our economy and quality of life, including food, construction equipment and everyday items we use in our homes. And they move them efficiently. A single train can carry the equivalent of several hundred trucks. Any policy response to East Palestine must not be so onerous that it drives up the cost of moving freight by rail, which could lead to more goods being shipped by less safe modes of transportation.
This is important context, but it doesn’t mean action isn’t needed. There are several areas in which Congress, FRA and the industry can — and should! — step it up.
Congress should look more closely at grade-crossing safety. More than 200,000 grade crossings between roads and railroads are currently open in the U.S., and this is by far where the most deadly incidents involving trains occur.
The 2021 infrastructure bill included new funding to address grade crossings, which in some cases can involve creating new vehicle overpasses (an excellent solution, but expensive) and in other cases may involve closing intersections. However, the 2021 law’s funding is a drop in the bucket of what’s needed.
Policymakers should also promote the development of new technology and performance-based regulations backed by sound data, and they should allow for waivers and pilot programs on new safety approaches. Pilot programs can be focused either geographically or by segment to ensure the safest possible gathering of data to support new technology and new approaches.
The railroads themselves have existing efforts to improve safety, and these should be encouraged and expanded upon. In some cases, the rail carriers have gone above and beyond legal requirements on reporting and communication with communities and policymakers. It will not always be practical to put these actions into regulation, so these efforts should be studied closely to ensure effectiveness and to inform future regulation.
Currently, the railroads spend upward of $23 billion per year on infrastructure, equipment and safety technology. The railroads also conduct training programs to build on a safety culture to protect their workers and the communities they travel to and through. And the companies have developed — usually in cooperation with policymakers — accident mitigation strategies, including specialized training for first responders, to ensure effective action in emergencies. Once again, these actions should be reviewed carefully by regulators, encouraged and, where appropriate, enforced.
The NTSB report will be an important inflection point for policymakers, but we already know much of what needs to be done. Congress and the FRA should use the resources at their disposal to focus on improving the safety and efficiency of the rail network.
Loren A. Smith Jr. is the president of Skyline Policy Risk Group. He formerly served as deputy assistant secretary for policy at the U.S. Department of Transportation.
