Dysfunction in Congress putting the brakes on Ohio lawmakers’ attempts at improving rail safety

Freight train passing at railroad crossing. (Getty Images.)

Ohio lawmakers continue trying to work across the aisle to get some kind of railroad safety reform passed after the East Palestine train derailment last year, but their efforts are in vain since members of Congress — whose political drama is making them unable to do most anything — have power over the trains. But a new attempt was just made.

State Republicans and Democrats across the chambers rarely ever rally behind one cause immediately, but the lawmakers jumped into action after the Feb. 3, 2023 disaster near the Ohio-Pennsylvania border.

The Norfolk Southern freight train carried toxic chemicals, ones that Ohio leaders and first responders had no clue about until it was too late.

Just days after the derailment, incident command decided to move forward with a controlled vent and burn of vinyl chloride from five rail cars to avoid a “potentially catastrophic” explosion.

The incident commander, East Palestine’s fire chief, had less than 13 minutes to make a decision.

But this Wednesday, in a U.S. Senate committee hearing, the chair of the National Transportation Safety Board said the controlled burn may not have been necessary.

NTSB Chair Jennifer Homendy said the chemical shipper was on site and gave information to Norfolk Southern and its contractors that there was no justification for a vent and burn.

This revelation was news to Gov. Mike DeWine.

“That’s probably the most frustrating part, that it was clear what was going on but if what the NTSB is relaying from the field testimony is true, these individuals, who had these opinions, did not bring them forward to anybody who’s making a decision,” DeWine spokesperson Dan Tierney told WEWS/OCJ in a phone interview.

Tierney emphasized that their team was kept in the dark — and how they trusted the experts — ones that didn’t speak up.

“At no point did anybody in that room, and the governor says there were about 75 people in that room, did any expert come forward and say that they did not think the assessment being provided by Norfolk Southern was inaccurate,” he said. “Nobody came forward and said that they thought there were other options.”

It seems there could have been another option than releasing hazardous chemicals out, getting into the waterways and soil — but DeWine didn’t even get the chance to consider it. Neither did Fire Chief Keith Drabick.

“That is part of the tragedy now,” Tierney said.

Lawmakers

State Sen. Bill DeMora (D-Columbus) and a bipartisan group of colleagues just introduced Senate Bill 233, which makes railroads safer for on-track equipment, which is used for maintenance like repairing worn-down tracks. Right now, cars are not required to stop for equipment on the tracks, only for trains.

“This will hopefully allow the crews to work both safely and more efficiently,” DeMora told WEWS/OCJ. “Hopefully they can keep the tracks in better shape now.”

Lawmakers say they have done what they can — passing and introducing resolutions to urge Congress to require companies to inform states of trains carrying hazardous materials.

They also passed a bill to require all freight crews to have at least two people. This law is now being challenged in federal court by the Association of American Railroads, which includes Norfolk Southern.

But the lawmakers haven’t done much else — and Case Western Reserve University law professor Victor Flatt explained there is a reason for that.

“Anything about railroads or airlines or highways or anything that affects interstate commerce, the federal government takes precedence over the states,” Flatt said.

The lawmakers must rely on Congress.

U.S. Senators Sherrod Brown (D-OH) and J.D. Vance (R-OH) introduced bipartisan legislation to add extensive safety regulations for railroads and trains. It was introduced last year but hasn’t moved yet.

“This bill is bipartisan. Why is it so hard to get it passed?” Statehouse reporter Morgan Trau asked Flatt.

“I’m surprised it’s not out of the Senate at this point,” the expert responded. “There’s sort of a general political dysfunction that’s going on certainly at the national level and at many state levels.”

There is one thing Ohio can do to make more of a difference, Flatt added. Put more money toward emergency response.

Tierney said the governor supports all safety measures and is begging Congress to move. DeMora and the lawmakers join him.

“This could happen again easily unless Congress passes this bill, unless we pass these measures to make it safer to put these regulations in place,” DeMora said.

This article was originally published on News5Cleveland.com and is published in the Ohio Capital Journal under a content-sharing agreement. Unlike other OCJ articles, it is not available for free republication by other news outlets as it is owned by WEWS in Cleveland.

Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook .

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