# Freight Railroads Must Keep 2-Person Crews, According to New Federal Rule
In a significant victory for safety and labor, the Transportation Department’s Federal Railroad Administration has mandated that most major freight railroads maintain two-person crews on their routes. This decision, unveiled on a Tuesday, marks the culmination of organized labor’s lengthy campaign to preserve this practice and enhances the focus on railroad safety following recent derailments.
## A Long Battle for Safety and Jobs
The announcement comes after meticulous consideration, drawing from over two years of work and reflecting on more than 13,000 comments on the proposed rule—of which only about 60 were in opposition. The lobbying for safety improvements in the railroad industry has been turbocharged in the wake of the harrowing derailment in East Palestine, Ohio, earlier in February 2023. Despite the incident spurring pledges from railroads to adopt safety measures and provide paid sick time to workers, substantial legislative changes have yet to materialize.
Eddie Hall, President of the Brotherhood of Locomotive Engineers and Trainmen union, emphasized the critical role of conductors in ensuring safe and alert train operations, particularly as trains carrying hazardous materials have significantly increased in length. “As trains have grown longer, crews should not be getting smaller,” Hall stated, applauding the Federal Railroad Administration’s move as a fulfillment of a promise by President Joe Biden.
Transportation Secretary Pete Buttigieg echoed these sentiments, stressing the unacceptable average of nearly three train derailments daily and affirming the Department’s commitment to improving safety records. Buttigieg highlighted the role of strong safety rules in reducing derailments over time and pointed out the railroad industry’s history of resisting regulations that would enforce crew sizes or move conductors to ground-based roles.
## Overcoming Industry Resistance
Railroad companies have long argued for the flexibility to determine train crew sizes through contract talks, maintaining that insufficient data exists to prove two-person crews enhance safety. This stance was rebuked by the FRA’s decision, which underscores the importance of onsite conductors for safety and emergency response. Notably, the industry’s opposition includes a previous moment during the Trump administration when a similar rule was abandoned, citing a lack of evidence linking crew size to safety outcomes. Ian Jefferies, president and CEO of the Association of American Railroads, criticized the new rule as “an unfounded and unnecessary regulation with no proven connection to rail safety.”
Despite these industry protests, the rule underscores the crucial role of conductors, especially in emergency situations. Past derailments, such as the tragic 2013 incident in Lac-Megantic, Canada, where a one-person crewed train led to the loss of 47 lives, serve as stark reminders of what can go wrong without adequate crew aboard. Similarly, the role of a conductor in mitigating damage during the Casselton, North Dakota, derailment in 2013 demonstrated the tangible benefits of having a second crew member.
## Looking Ahead
The enactment of this federal rule reflects a changing tide in rail safety regulations, aligning with the efforts of lawmakers like U.S. Senator Sherrod Brown who seek to pass a comprehensive rail safety bill. While at least 11 states have already taken steps to require two-person crews, the federal rule promises a more uniform approach across the nation. This could deter railroads from challenging these safety measures in court, as they have previously done with state laws, arguing for federal oversight.
This pivotal moment in railroad safety regulation represents a significant stride towards safer rail operations and aligns with the public and labor’s demand for heightened accountability and preventative measures in the industry. As Buttigieg remarked, the calling out of the railroad lobby’s description of the rule as “overreach” only underscores the persistent battle between safety advocates and industry interests.
In essence, the new federal rule on train crew sizes is more than just about maintaining numbers; it’s a testament to the ongoing commitment to ensuring the safety of both the workers on these trains and the communities they pass through. It is a step forward in the right direction, one that recognizes the invaluable role of human vigilance and cooperation in navigating the complexities of modern rail transport.
Mehek