Freight Railroads Decline to Participate in Federal Safety Program Following Ohio Derailment

More than two years after a major train derailment in eastern Ohio released dangerous chemicals into the air, the country’s biggest freight rail companies have yet to fully join a federal safety program aimed at preventing accidents. The Confidential Close Call Reporting System, or C³RS, encourages railroad workers to report safety concerns and near misses without fearing punishment. While smaller railroads and Amtrak participate, the largest freight railroads have stalled or only tested the program in part.

In 2023, a Norfolk Southern train carrying hazardous materials derailed in East Palestine, Ohio, causing fires and forcing a neighborhood evacuation. The incident raised serious questions about rail safety across the nation. In response, all six major freight railroads initially agreed to join C³RS, but disagreements over how the program should work stopped progress. The Federal Railroad Administration’s working group, made up of railroad officials, labor representatives, and government staff, ended after two years without reaching an agreement.

The railroads have criticized C³RS, saying it is slow, inefficient, and not better than their own safety measures. They also worry some workers might misuse the program to avoid discipline repeatedly. But safety advocates and many workers see it differently. Jim Mathews, CEO of the Rail Passengers Association and member of the now-disbanded working group, says the railroads missed a chance to make operations safer for thousands of employees and the millions of people living near rail lines.

C³RS is modeled after a system used in aviation since the 1970s that helped make flying the safest travel option in the U.S. The idea is simple: workers can report mistakes or close calls confidentially, so problems get fixed before accidents happen. Reports are reviewed by NASA on behalf of the railroad administration, and as long as no harm results and no deliberate wrongdoing occurred, employees won’t face discipline.

Studies back up the program’s impact. Railroads that participate in C³RS have cut accidents by about 20% compared to just 3% for those that don’t. Some pilot programs saw derailments go down as much as 40%. A recent government report highlighted new training programs developed from C³RS reports, where employees practice real scenarios and learn from experienced instructors.

Even with the evidence, the freight railroads have held back. Vince Verna, a representative for one of the largest rail unions, says some railroad leaders wrongly call C³RS a “get-out-of-jail-free” card for workers, but in reality, it’s about improving safety and communication. Meanwhile, Amtrak, a longtime participant, has faced its own challenges. After a deadly 2016 crash near Chester, Pennsylvania, their union chose to pause involvement in C³RS during contract talks and after a strict no-tolerance safety policy was launched.

Despite hurdles, smaller passenger and freight lines continue to use C³RS. Metrolink in Southern California joined last year, and their safety manager reports over 300 worker submissions so far. The program is growing in popularity there and helps the company understand safety issues more fully.

The failure of major freight railroads to fully commit to C³RS is frustrating for many who want safer railways across the country. Scott Bunten, a union chairman coordinating a Norfolk Southern trial of the program, believes broader worker participation could prevent another disaster like East Palestine. With trains crossing thousands of communities daily, many believe programs like C³RS are crucial not just for workers, but for the public’s safety too.

For now, the railroads’ resistance to joining a proven safety program leaves questions about whether the lessons from past tragedies have been learned. With accidents still common and costly, many hope this close call system eventually gets a real chance to make a difference.

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