COLUMBUS, Ohio — The Association of American Railroads has filed suit to overturn an Ohio law requiring two-person crews for freight trains, saying federal law preempts the state action, the Associated Press reports.
The suit, filed in U.S. District Court on June 29, argues that the state’s crew-size law “cannot be squared” with several federal laws “or with Congress’ extensive control over railroad operations.” It seeks an injunction blocking Ohio from enforcing the regulation, saying railroads would otherwise face the “untenable choice of defying the Crew Size Law and subjecting themselves to civil penalties or complying with the Law and giving up their right under federal law to operate safely and efficiently, unencumbered by minimum-crew-size requirements.”
The AAR’s filing with the court also argues “one-person crews have been used safely for decades,” and cites studies it says found one-person crews are as safe as those with multiple people. It also notes that the Federal Railroad Administration has declined to regulate crew size, considering an issue for labor negotiations.
The crew-size requirement was part of the state’s $13.5 billion transportation bill passed by the legislature and signed by Gov. Mike DeWine in March [see “Ohio governor signs bill with rail safety rules …,” Trains News Wire, March 31, 2023]. At the time of the bill’s pass, industry representatives argued both that such regulation was a matter for the federal government and that the crew-size requirement would impose an undue burden on the state’s shortline railroads.
Ohio’s law is one of several such regulations passed or still under consideration in state legislatures in reaction to the Feb. 3 derailment and toxic chemical release in East Palestine Ohio.
In plant switching should be exempted. However, when any train is out in the open with public crossings and switches into facilities leaving cars standing on the main, I believe an engineer and a conductor/brakeman should be required if for no other reason than the maintenance of safe operations in all environmental conditions, including rain, snow, sleet or freezing temperatures. A fall in the act of handling train op functions by one person crews could lead to unsafe actions by that one person trying to get the job done, meet schedules, satisfy customers and keep his position with the company. Even short lines are smart enough to adhere to this principle.
Railroads, as usual, are not in a good public position. Headline-making accidents, extra long freights blocking grade crossings, near strike over sick leave demands, tone deaf to customers.
To the average citizen, this just sounds like another railroad tactic to prioritize costs over safety.
And technically they’re right. Federal government regulates interstate commerce.
But the RRs are in a PR battle more than a legal argument over commas.
Or, how bout this. The state sends a damn message to these railroads that they need to be accountable for their actions. Ohio has had too many train related incidents recently. The feds should step in but that ain’t gonna happen.
Thomas Engel says: “…..did away with a lot of passenger trains…” and jobs!
Ideally, a Federal court will both invalidate the crew requirement and also censure the Ohio legislature and Governor for passing it.
And set this as a precedent for other states playing with railroad ops requirements. California is trying to wipe out shortlines with impossible loco requirements.
Here we go again! Great opportunity for an activist Federal judiciary to once and for all take crew size away from state jurisdiction. The New Deal and Warren Courts would know what and how to do it! New York State’s Full (five-man) Crew Law did away with a lot of passenger trains until its demise in 1989.
The full crew law you refer to was gone by 1970. In NYS Conrail operated with 3 man crews starting in 1981 and went to 2 man crews within the 80s. 5 person crews with firemen ended in the 70s; during recessions engineers at the bottom of rosters could work as firemen. That was infrequent. Crew districts were 100-150 miles, now they are 300+.
Conrail supplied crews to Amtrak until the early 80s for Empire Service with engineer and fireman, conductor and one brakeman for 3-5 car trains. The Lakeshore had an extra brakeman on 12-15 car trains. That ended in the 80s and Amtrak abolished the extra positions.
Note that full crew laws and bumping rights insured railroads had sufficient crews to operate trains. I was a crew caller and trains SELDOM were held for crews. It was far more common for holding trains for power or congestion resulting from poor management. Now class 1s ROUTINELY are short on crews (and power and congestion) even though crew districts are twice as long with fewer, longer trains. Having surplus crews was a good thing.
I hope Norfolk Southern and the AAR fail in their lawsuit. The “preemption” doctrine took a major hit by the Supreme Court in an employment suit against NS very recently.
The railroad industry needs to send an unequivocal message to the State of Ohio regarding its climate of hostile litigation. Start by pulling-up a main line and immediately give the ROW to a railtrail group. Ohio obviously doesn’t want railroads except under the terms dictated by the state government. Time for the railroads to teach the people of Ohio that elections have consequences.
I guess ripping up a mainline would send a message. But to whom? There are not too many mainlines left through Ohio; does traffic reroute through Ontario or Kentucky?
I suspect a number of people would suggest that railroad operating economies have consequences and this has been predictable for some time (the economies ultimately being cited as contributing factors whether directly a cause in a specific incident or not). And once you get the gov’t involved the results are a wild card. The railroads have pushed their luck in this regard for some time and it is difficult for one to sympathize with their behavior, or be astounded at certain results.
The increased number of trucks on the Interstates might make an impression. Especially those with HAZMAT cargoes. As for the commodities that have to be shipped in railroad-sized bulk? Things like animal feed, fertilizers, grains, and chemicals needed for municipal water purification? Raise a cow and/or a hog yourself. Grow a garden. Learn to live without bread. And, dig a well. (Not to mention a latrine.) I’m sure the people of Ohio would happily adapt so they could be rid of the evil railroads.
Railroads have been making an impression for years now – that their OR is the greatest concern over servicing shippers, maintaining an adequate workforce or safety (despite all of the corporate safety ballyhoo). I doubt anyone is suggesting that cluttering up the highways with more trucks is a good idea, or that railroads are not efficient at moving bulk commodities – if there’s not some service issue in play. The point is that when one invites the government in through mishandling of service and safety, the repercussions are unpredictable and not necessarily logical. Corporate boards are probably as much responsible as anyone to creating this situation.