Congress must fight for train safety and not get railroaded by unions

Democrats, unions are fighting for more jobs, not to improve train safety

As the debate over railroad safety policy heats up in Washington, Democrats and some Republicans are calling for sweeping changes that would impose unnecessary costs on the economy while doing nothing to improve safety.  

Serious-minded congressional Republicans who want to advance safety should stand firm against such big government measures driven by labor unions and Transportation Secretary Pete Buttigieg. 

A targeted approach to rail safety that recognizes the role of technology and seeks to deal with primary causes of accidents is not only the most sensible option, but also the best way to ensure that our U.S. railroads remain safe and competitive well into the future.  

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The horrible train derailment in East Palestine, Ohio, in February is of course the catalyst for the discussion at hand. 

East Palestine fiery derailment aerial view

FILE - This photo taken with a drone shows portions of a Norfolk Southern freight train that derailed Feb. 3, in East Palestine, Ohio, are still on fire on Feb. 4, 2023. A Senate committee is holding a hearing Thursday, March 9, to look into the trai (AP Photo/Gene J. Puskar, File / AP Newsroom)

The National Transportation Safety Board (NTSB) is still in the midst of its investigation, noting to date that the derailment occurred because of a faulty wheel.  

Rep. Sam Graves, R-MO, the head of the House Transportation Committee, has wisely called for an investigation, and is awaiting the findings before making new policy. But in the Senate, led by Majority Leader Chuck Schumer, D-NY, the urge is to seek sensational headlines and push a pet proposal of railroad union bosses.  

The bosses want to institute a minimum crew size standard of two people in the locomotive now and forever. 

Despite years of real-world experience and analyses, proponents of this policy cannot produce data to show that two-person railroad crews are actually any safer than one-person crews used by many smaller freight carriers. Two-person crews are the standard operating model currently for big freight carriers like Norfolk Southern and President Joe Biden’s beloved Amtrak operates all its trains with one person in the cab.  

Indeed, this proposal is not a serious attempt at promoting safety – particularly in the context of the Ohio derailment, which had three people in the cab. Rather, it continues to be pure and simple featherbedding. 

Republicans should force discussion on the need to embrace outcomes – such as reducing rail accidents – instead of prescriptions when writing rules. Rather than bow to labor union lobbyists, Congress would be better served stating the goals and letting industries figure out the best ways to achieve them. 

This would encourage innovation and avoid the constant problems of regulators always being behind the curve when it comes to newer and better practices. Indeed, business is almost always ahead of policymakers on these matters, a point made by transportation expert Clifford Winston. 

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"The new rail regulations will be ineffective because railroad employees know more about safety and how to improve it than legislators and regulatory officials do, and because railroad managers already have strong financial incentives to apply that expertise to operate as safely as possible."   

Rather than bow to labor union lobbyists, Congress would be better served stating the goals and letting industries figure out the best ways to achieve them.  

The Trump Transportation Department ruled definitively on the question of whether two people are needed in the locomotive cab of freight trains: this is a costly regulation. It is featherbedding pure and simple.  

A nanny-ish, we-know-best mentality on a decision better left to the private market is simply unneeded as railroads continue to set safety records – a result of private investments averaging $20 billion over the last five years. 

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While Congress should absolutely ensure the people of Ohio and surrounding areas are made whole, pursuing legislative non sequiturs is misguided. The top priority should be on meaningful safety improvement. The "Rail Safety Act," despite its soothing title, misses the mark.  

The economy shouldn’t be harmed by union bosses and their pliant political pals. 

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Steve Forbes is Chairman and Editor-in-Chief of Forbes Media. His latest book, "Reviving America: How Repealing Obamacare, Replacing the Tax Code, and Reforming the Fed will Restore Hope and Prosperity".