FRA halts safety culture assessment of Union Pacific, citing coaching of workers

WASHINGTON — The Federal Railroad Administration has discontinued efforts to gather information for an assessment of Union Pacific’s safety culture, telling the railroad it found indications of activities by the railroad that “adversely impact the integrity” of the process.

The railroad, in a statement to Trains News Wire, says the issue arose from a mistake by one employee.

FRA Associate Administrator Chief Safety Officer Karl Alexy said in an April 26 letter to UP President Beth Whited that the agency found employees had been coached to provide specific responses in FRA interviews, and in some cases had been told they were required to report any approach by the FRA  to a supervisor. “Reports of this coaching span the UPRR system and railroad crafts,” Alexy wrote. “FRA has also encountered reluctance to participate in field interviews from employees who cite intimidation or fear of retaliation.

“Continuing to collect data when the objectivity of the employees at UPRR, the FRA staff who devote time and effort to these inspections, and to the public,” Alexy wrote. “As such, with widespread evidence that these fundamental elements have been jeopardized, FRA has no choice but to end data collection activities.”

Whited responded in a letter to Alexy and FRA Administrator Amit Bose dated today (April 30).

“As discussed, please know the Union Pacific team did not intend to influence or impede the assessment in any way,” Whited wrote. “The steps we took were intended to help, not hinder, and were taken to educate and prepare our team for the assessment ethically and compliantly. We apologize for any confusion those efforts caused.”

Alexy’s letter indicated the FRA will resume its assessment later this year or early next year.

“Union Pacific takes safety seriously,” the railroad said in its statement to News Wire. “While trying to prepare for the audit, one of our employees made a mistake, which we addressed directly with the FRA. We understand their decision to pause the assessment and return at a later date. In the interim, based on their advice, we are conducting our own Safety Culture Audit and will share those results and our action plan with the FRA.” Whited’s letter indicates that internal audit will take place May 1-June 30.

The safety culture assessment grew out of last year’s Norfolk Southern derailment and hazardous-chemical release in East Palestine, Ohio, as well as other incidents shortly thereafter. The FRA initially performed an assessment of NS [see “FRA launches 60-assessment of Norfolk Southern safety,” Trains News Wire, March 7, 2023], finding the railroad’s commitment to safety was improving but still flawed [see “FRA report: Norfolk Southern safety improving …,” News Wire, Aug. 9, 2023]. That process was expanded to cover all Class I railroads at the request of Senate Majority Leader Chuck Schumer [see “FRA will conduct safety assessments of all Class I railroads …,” News Wire, June 7, 2023].