With rail safety bill’s passage, two-person crews could be required for Virginia freight trains

BY: NATHANIEL CLINE - MARCH 4, 2024 

     

 CSX’s Acca Yard in Richmond is a major freight rail depot. (AiRVA Photography)

As the federal government considers requiring two crewmembers on all trains, similar legislation to increase rail safety statewide passed both chambers of the Virginia General Assembly. 

Last year‘s Norfolk Southern Railway Company train derailment in Ohio – which caused some cars to catch fire and spill dangerous materials, with some infiltrating local waterways – sparked the state legislation and a greater focus on railway safety standards.

Del. Shelly Simonds, D-Newport News, and Sen. Jennifer Carroll Foy, D-Prince William, carried the measure successfully, which is now headed to the governor for his signature. With the governor’s signature, Virginia would join states such as Arizona, Colorado, Kansas, New York, and Ohio to reform rail safety efforts. 

Under the legislation, no railroad company will be able to operate a train, locomotive or light engine by moving freight without at least two qualified individuals aboard. The bill carries a civil penalty of up to $2,000 for the first violation and $5,000 for three or more. 

The legislation was amended, cutting regulations on the train length. The legislation would not apply to using a train, locomotive, or light engine for moving locomotives or for utility services. 

Simonds said residents and commuters in her district have expressed concerns about long trains causing delays at road crossings and are “fed up with these delays.” She said Hampton Roads has over 500 railroad crossings. 

“The bottom line is that every train must have a two-person crew so that someone can respond to emergencies and decouple the train if first responders need to get through a crossing,” said Simonds. “I don’t think we realize how dangerous it is for roads to be blocked by a train if there is a fire or a person needs to get to a hospital.”

If the governor signs the bills, Simonds said the legislation will ensure a crewmember will always be on board a train who can help our first responders if there’s an accident. She noted that railroads are also critical to commerce and Virginia’s supply chain, so they must operate as safely as possible. 

Last year, Simonds carried the same bill, but it failed 4-3 in a House Commerce and Energy subcommittee, as the Federal Railway Administration also reviewed regulations on freight crew sizes. The federal agency’s effort was an attempt “to avoid a patchwork of state laws,” said Rob Bohannon, representing the Virginia Railway Association.

The Virginia subcommittee also heard testimony that passing the bill would set a “slippery slope” in regulating businesses and create a challenge for rail operators struggling to find workers.

Tim Bentley, who spoke on behalf of Norfolk Southern during a January Senate Commerce and Labor committee hearing, said that passing the legislation in the commonwealth could create a potential difference between the state law and federal regulations. 

“We have always believed that crew size should be negotiated in collective bargaining, but if it’s not in collective bargaining, we believe there needs to be a systemwide, nationwide standard of federal regulations,” Bentley said, similar to other federal rail regulations. 

Rachel Jones, deputy secretary of transportation, had also previously urged lawmakers at the same committee meeting to consider waiting until the federal government’s ruling.

However, the federal government has been working on the rule for a long time, according to Carroll Foy.

“There’s no reason to believe that the federal government will actually take action on the federal administration proposal,” Carroll Foy said.

She added the case in Ohio cost millions and threatened the lives of many people, so “we need to make sure that we have engineers and conductors ready to go on these trains to keep everyone safe.”

SMART Union, representing railroad workers nationwide, advocated for the legislation and two-person crew rule over the past two sessions.

“This bill is not just for the rail workers; it’s for the safety for all Virginians to have an employee able to assist in case of emergency and, most importantly, be able to open up the crossing on the mega-long trains so the emergency responders and the public can pass through,” said 

SMART State Legislative Director Ronnie Hobbs in a statement. “A two-person crew is especially important in case of a derailment, such as occurred in East Palestine, because it is the conductor who has the paperwork about any hazardous materials on board and who coordinates with emergency services.”

The rail administration is proposing a minimum requirement of two crewmembers for all railroad operations, with exceptions for operations that do not pose significant safety risks to railroad employees, the public, or the environment. The federal government is expected to rule on the proposal this month. Simonds and Carroll Foy’s bill now heads to Gov. Glenn Youngkin for review.