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Regulators and Railroads Delay Safety Enhancements, Endangering Lives

Over the last decade, human errors and track defects have been significant contributors to rail accidents in the United States. More than 3,000 incidents resulted in 23 fatalities and nearly 1,200 injuries. Despite these alarming statistics, federal regulators have largely failed to implement necessary safety enhancements, according to a report by the Howard Center for Investigative Journalism at the University of Maryland.

Regulatory Oversight and Safety Recommendations

From 2015 to 2024, the National Transportation Safety Board (NTSB) issued 81 safety recommendations to the Federal Railroad Administration (FRA). Alarmingly, the FRA has fully implemented only five of these recommendations, marking the lowest compliance rate among transportation regulatory agencies.

A case in point is the Amtrak derailment of the Empire Builder in Joplin, Montana, on September 25, 2021. During this tragic incident, 49 individuals were injured, and three passengers, including Margie and Don Varnadoe, lost their lives while celebrating their anniversary. The NTSB attributed the accident to worn-down rail and track defects that escaped detection during inspections, exacerbated by the FRA’s inaction.

Historical Context of Rail Accidents

The safety issues surrounding rail tracks are not new. Since 1980, rail defects have caused approximately 15,000 accidents, resulting in 44 deaths and over 2,300 injuries. An earlier derailment in Muldraugh, Kentucky, spotlighted the dangers of worn rail. Despite recommendations for safety limits following this incident, the FRA failed to establish regulations addressing rail wear, thus contributing to subsequent accidents.

Current Safety Measures and Automation

  • Currently, the FRA has 102 open NTSB recommendations.
  • More than 70% of these are under consideration for action.
  • Human inspections have been cut back, with new regulations allowing for reduced frequency in favor of automation.

In December 2023, the FRA approved a waiver for railroads to decrease visual inspections by half, permitting reliance on automated systems. While automated inspections can enhance the detection of certain defects, they cannot entirely replace human oversight. Reports indicate that over two-thirds of rail issues require the specialized skills of human inspectors.

Workforce Challenges and Fatigue Risks

Railroad employees face increasing workloads and fatigue, which significantly jeopardize safety. Employees often encounter punitive attendance policies, deterring them from reporting fatigue. The AAR has argued for a deregulated approach to crew scheduling, contributing to ongoing safety concerns. Historical accidents, including a 2004 collision in Texas, illustrate the deadly consequences of fatigue among rail crews.

In recent discussions with the Trump administration, the AAR outlined plans to modify or repeal regulations aimed at enhancing safety, particularly those related to crew fatigue management.

The Long Battle for Safety Enhancements

The narrative of safety regulation in the railroad industry is marked by industry opposition to reform. Although the implementation of positive train control technology was mandated after several high-profile accidents, railroads have consistently lobbied for delays. This campaign has resulted in extended deadlines, ultimately allowing significant preventable accidents to occur.

As oversight from federal regulators continues to lag, the safety of railway operations remains in jeopardy. Addressing industry lobbying efforts and implementing effective oversight are crucial for preventing further tragedies on the tracks.

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