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The CEO of railroad giant Norfolk Southern, the company responsible for the disastrous train derailment in rural Ohio last month, pledged during a congressional hearing on Thursday to drastically improve the company’s safety culture and make East Palestine and surrounding communities whole again.
“I am determined to make this right,” Alan Shaw told members of the Senate Committee on Environment and Public Works. “Norfolk Southern will clean the site safely, thoroughly and with urgency. You have my personal commitment. Norfolk Southern will get the job done and help East Palestine thrive.”
But he refused to commit to a number of specific actions that senators view as key to fulfilling those promises, from supporting new rail safety legislation and temporarily halting stock buybacks to compensating homeowners for lost property value.
Thursday’s hearing, the first of what is expected to be many on the Ohio derailment, comes more than a month after a Norfolk Southern train careered off the tracks in East Palestine, Ohio, while hauling tons of toxic chemicals. Of the 50 train cars that either derailed or were damaged in the resulting fire, 20 contained hazardous material. Of primary concern are the hundreds of thousands of pounds of vinyl chloride, a common organic chemical used in the production of plastics that has been linked to several types of cancer.
The National Transportation Safety Board concluded that an overheated wheel bearing caused the derailment, and opened a special investigation into Norfolk Southern’s safety practices. The probe targets a series of recent accidents, including the fiery derailment in East Palestine and a conductor’s death on Tuesday.
Meanwhile, a bipartisan group of senators introduced legislation this month to improve safety in the freight rail industry. The bill would create new safety rules for all trains carrying hazardous materials and increase penalties for safety violations. Its sponsors include Sens. J.D. Vance (R-Ohio), Sherrod Brown (D-Ohio) and John Fetterman (D-Penn.).
Shaw said Norfolk Southern supports certain provisions in the bill but stopped short of endorsing the legislation in its entirety.
“We are committed to the legislative intent to make rail safer,” he said. “Norfolk Southern runs a safe railroad, and it is my commitment to improve that safety and make our safety culture the best in the industry.”
Anna Moneymaker via Getty Images
The railroad industry, including the Association of American Railroads, an industry lobbying group of which Norfolk Southern is a member, has a long history of fighting stricter safety regulations.
Several lawmakers pressed Shaw about both the company’s safety record and its long-term commitment to East Palestine and other communities impacted by the chemical disaster.
Shaw reminded the committee several times that he’s only been CEO of the company since May of last year. He stressed that the company’s $20 million investment in East Palestine is only an initial “down payment.” And he repeatedly returned to a talking point about doing “what’s right.”
“Will you commit to compensating affected homeowners for their diminished property values?” Sen. Ed Markey (D-Mass.) asked.
“I’m committing to do what’s right,” Shaw said.
“Well, what’s right is — a family that had a home worth $100,000 that is now worth $50,000 will probably never be able to sell that home for $100,000 again,” Markey said. “Will you compensate that family for that loss?”
“Senator, I’m committing to do what’s right,” Shaw said again.
“That is the right thing to do!” Markey shot back. “These are the people who are innocent victims, Mr. Shaw.”
Shaw offered the same vague answer when Sen. Bernie Sanders (I-Vt.) asked him about covering residents’ health care needs into the future.
“We are going to do what’s right for the citizens,” Shaw began.
“What’s right is to cover their health care needs. Will you do that?” Sanders interjected.
“Everything is on the table,” Shaw replied.
Sanders also pressed the railroad executive about the company’s adoption of a cost-cutting strategy called “precision-scheduled railroading,” which involves reducing railroad employees and increasing the length of trains. Sanders noted that Norfolk Southern has reduced its workforce nearly 40% over a six-year period.
“Will you make a commitment, right now, to the American people, that you will lead the industry in ending this disastrous precision-scheduled railroading, which has slashed your workforce and made railroading much less safe?” Sanders asked.
Shaw said the company has “been on a hiring spree” since he took over as CEO, adding 1,500 employees over the last year, but did not directly answer Sanders’ question.
Other lines of questioning ran a similar course.
When Sen. Alex Padilla (D-Calif.) asked if Norfolk Southern planned to hire the workers necessary to inspect rail cars and track infrastructure in order to prevent accidents like this in the future, Shaw again said the company has been on an aggressive “hiring spree” since he started as CEO.
“If we need to hire more signal workers to maintain and inspect the signals, we will absolutely do that,” Shaw said.
When Sen. Jeff Merkley (D-Ore.) asked if the public could count on the company to lobby for, rather than against, safety improvements moving forward, Shaw said Norfolk Southern would “continue to follow the science” and invest in safety.
“I just really thought when you said ‘turn over a new leaf,’ I thought you were saying you were going to now support safety regulations,” Merkley said. “I’m sorry you can’t tell this crowd here today, that would like to hear that, that that is the case.”
Merkley also asked Shaw to pledge to halt stock buybacks until the company puts a “raft” of safety measures in place to reduce derailments. (Norfolk Southern spent a combined $6.5 billion on stock repurchases in 2021 and 2022 and has plans to spend another $7.5 billion on stock buybacks, CNN reported. Those figures dwarf the millions the company has pledged to spend in East Palestine.)
“I will commit to continuing to invest in safety,” Shaw said, stating that the company invests over $1 billion annually on safety. “There is always more that we will do, and I am committed to having the best safety culture in the industry.”
Shaw’s most bureaucratic, noncommittal answer came when Sanders asked him to pledge to provide all Norfolk Southern employees with guaranteed paid sick leave.
“I will commit to continuing to discuss with them important quality-of-life issues,” Shaw said.
“With all due respect, you sound like a politician here, Mr. Shaw,” Sanders said. “Paid sick days is not a radical concept in the year 2023.”
Several committee members stressed the importance of holding Norfolk Southern accountable for immediate and longer-term cleanup and monitoring in East Palestine and the surrounding area. Some have argued that the disaster is the direct result of corporate greed.
“If Norfolk Southern had paid a little more attention to safety and a little less attention to profits — it cared a little more about the Ohioans along its tracks and a little less about its executives and shareholders — these accidents would not have been as bad or not happened at all,” Sen. Brown said.
Paige Lavender contributed reporting.
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Norfolk Southern on Monday announced a “six-point plan” to improve safety, a blueprint the rail company issued after its second train derailment in Ohio in a matter of weeks.
On Saturday, about 20 cars of a 212-car train derailed on Saturday near Springfield, Ohio, although Norfolk Southern said there were no hazardous materials on the train. The accident occurred roughly a month after a derailment in East Palestine, Ohio, that involved hazardous materials and forced hundreds of nearby residents to evacuate for several days.
Norfolk Southern’s safety plan comes ahead of a Thursday Senate hearing about the East Palestine crash, with CEO Alan Shaw scheduled to appear. The accident has sparked lawsuits and anger from residents as well as intense congressional scrutiny, with some pointing to a preliminary National Transportation Safety Board report that cited a surveillance video showing “what appeared to be a wheel bearing in the final stage of overheat failure moments before the derailment.”
Four of the six points in Norfolk Southern’s safety plan relate to bearing detectors, which are installed on rail tracks and provide real-time warnings to train crews. The company said on Monday that it will develop a plan to add additional detectors “where practical,” noting that it expects to add about 200 hot bearing detectors, with the first installed near East Palestine.
The five other safety points are:
“Reading the NTSB report makes it clear that meaningful safety improvements require a comprehensive industry effort that brings together railcar and tank car manufacturers, railcar owners and lessors, and the railroad companies,” Shaw said in a statement.
The company added that the NTSB report said that its rail crew “operated the train within the company’s rules and operated the train below the track speed limit” and that its “wayside hot bearing detectors were operating as designed.”
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Nearby residents have been asked to shelter in place after a Norfolk Southern train derailed near a highway in the Springfield, Ohio, area on Saturday.
Norfolk Southern confirmed in a statement to CBS News that 20 cars of a 212-car train derailed. The railway company said there were no hazardous materials aboard the train, and there were no reported injuries.
Residents within 1,000 feet of the derailment were asked to shelter-in-place out of an “abundance of caution,” the Clark County Emergency Management Agency reported. The derailment occurred near State Route 41.
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On Feb. 3, a Norfolk Southern train carrying hazardous materials derailed in a fiery crash in East Palestine, Ohio. Of the 38 cars that derailed, about 10 contained hazardous materials. Hundreds of residents were evacuated, and crews later conducted a controlled release of toxic chemicals, including vinyl chloride, because of the risk that the derailment could cause an explosion.
State and federal officials have faced significant criticism over their response to the East Palestine incident, with local residents concerned that the contamination to the area could pose significant long-term health risks.
The Environmental Protection Agency has so far said that air quality levels remain at safe levels. However, on Thursday the EPA said that it had ordered Norfolk Southern to conduct dioxin tests at the site of the derailment, and if those dioxin levels were found to be at unsafe levels, it would order an immediate cleanup.
Transportation Secretary Pete Buttigieg, who was also criticized for not visiting East Palestine until three weeks after the derailment, tweeted Saturday night that he had been briefed by Federal Railroad Administration staff about the Springfield derailment and had also spoken to Ohio Gov. Mike DeWine on the incident.
“No hazardous material release has been reported, but we will continue to monitor closely and FRA personnel are en route,” Buttigieg said.
Springfield is located about 200 miles southwest of East Palestine.
This is a developing story and will be updated.
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Federal environmental authorities have ordered a temporary halt in the shipment of contaminated waste from the site of a fiery train derailment earlier this month in eastern Ohio near the Pennsylvania state line.
Region 5 administrator Debra Shore of the Environmental Protection Agency said Saturday the agency ordered Norfolk Southern to “pause” shipments from the site of the Feb. 3 derailment in East Palestine but vowed that removal of the material would resume “very soon.”
“Everyone wants this contamination gone from the community. They don’t want the worry, and they don’t want the smell, and we owe it to the people of East Palestine to move it out of the community as quickly as possible,” Shore said.
Michael Swensen / Getty Images
Until Friday, Shore said, the rail company had been solely responsible for the disposal of the waste and supplied Ohio environmental officials with a list of selected and utilized disposal sites. Going forward, disposal plans including locations and transportation routes for contaminated waste will be subject to EPA review and approval, she said.
“EPA will ensure that all waste is disposed of in a safe and lawful manner at EPA-certified facilities to prevent further release of hazardous substances and impacts to communities,” Shore said. She said officials had heard concerns from residents and others in a number of states and were reviewing “the transport of some of this waste over long distances and finding the appropriate permitted and certified sites to take the waste.”
The Ohio governor’s office said Saturday night that of the twenty truckloads (approximately 280 tons) of hazardous solid waste hauled away, 15 truckloads of contaminated soil was disposed of at a Michigan hazardous waste treatment and disposal facility while five truckloads had been returned to East Palestine.
Liquid waste already trucked out of East Palestine would be disposed of at a licensed hazardous waste treatment and disposal facility in Texas, but that facility would not accept more liquid waste, the Ohio governor’s office said.
“Currently, about 102,000 gallons of liquid waste and 4,500 cubic yards of solid waste remain in storage on site in East Palestine, not including the five truckloads returned to the village,” the governor’s office said. “Additional solid and liquid wastes are being generated as the cleanup progresses.”
Norfolk Southern had reported on Feb. 20 that 15,000 pounds of soil and 1.1 million gallons of water had been removed from the area because of contamination.
No one was injured when 38 Norfolk Southern cars derailed in a fiery, mangled mess on the outskirts of town, but as fears grew about a potential explosion due to hazardous chemicals in five of the rail cars, officials evacuated the area. They later opted to release and burn toxic vinyl chloride from the tanker cars, sending flames and black smoke billowing into the sky again.
Shore said the EPA was not involved in the decision to do the controlled burn, but she called it a “well-founded” decision by local and state officials based on the information they had at the time “to deal with a highly explosive toxic chemical.”
Environmental advocate Erin Brockovich on Friday night addressed residents at an East Palestine town hall, where she demanded answers from state and federal authorities, who have been accused of mishandling the response and reacting too slowly to the unfolding crisis.
“They’re worried, because they’ve got coughs and respiratory problems,” Brockovich told CBS News Friday of the health issues East Palestine residents have been dealing with in the wake of the derailment. “There’s so many unanswered questions, and they know this isn’t the last of this conversation.”
Transportation Secretary Pete Buttigieg visited East Palestine on Thursday, his first visit since the derailment. He told CBS News this week that he didn’t make the trip earlier in order to give emergency workers and the National Transportation Board space to do their jobs.
“I have followed the normal practice of transportation secretaries in the early days after a crash, allowing NTSB to lead the safety work and staying out of their way,” Buttigieg told CBS News. “But I am very eager to have conversations with people in East Palestine about how this is impacted them.”
Federal and state officials have repeatedly said it’s safe for evacuated residents to return to the area and that air testing in the town and inside hundreds of homes hasn’t detected any concerning levels of contaminants from the fires or burned chemicals. The state says the local municipal drinking water system is safe, and bottled water is available while testing is conducted for those with private wells.
Despite those assurances and a bevy of news conferences and visits from politicians, many residents still express a sense of mistrust or have lingering questions about what they have been exposed to and how it will impact the future of their families and their communities.
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The announcement comes hours after the company’s chief financial officer, Mark George, told investors that it is still struggling to fill the open positions it has at almost all 95 locations where staff is based, George also said the company may have cut staff too deep during the early days of the pandemic, and that it has had trouble bringing back laid-off staff members.
“Norfolk Southern’s success is built upon the incredible work our craft railroaders perform every day, and we are committed to improving their quality of life in partnership with our union leaders,” said Norfolk Southern CEO Alan Shaw in a statement announcing the deal.
The deal is with the Brotherhood of Maintenance of Way Division, the union representing 3,000 track workers at Norfolk Southern, and the third largest union at the railroad behind the unions representing conductors and engineers. Norfolk Southern has about 19,000 employees total and about 15,000 of whom are union members. But that’s down more than 20% from the 24,600 employees it had — including nearly 20,000 union members — in 2019, ahead of the pandemic.
The company has pledged to give affected residents about $6.5 million in compensation and assistance, and says it will comply with a demand by the Environmental Protection Agency to pay for the cleanup.
Norfolk Southern and the nation’s other major freight railroads all faced criticism last year for refusing the unions’ demands for paid sick days for their members.
Many of the union members voted to reject tentative labor agreements that offered them an immediate 14% raise, including backpay, because of the lack of paid sick days. The unions argued that seven sick days a year for all their members would have cost all the railroads $321 million annually, a small fraction of the record profits they were reporting.
But the railroads refused to give in and eventually Congress imposed the unpopular contracts on the unions without the sick day provision, even though a separate sick day provision had the support of most member of Congress.
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EAST PALESTINE, Ohio (AP) — The president of Norfolk Southern made a visit to East Palestine, Ohio, on Saturday following criticism from residents and political leaders about the company’s response to the fiery derailment of a freight train carrying toxic materials earlier this month.
Fox Business reports that company president and CEO Alan Shaw told reporters Saturday he was there “to support the community” but declined further comment.
Earlier in the week, representatives of Norfolk Southern were absent from a public meeting attended by hundreds of people, with officials saying they were worried about physical threats. Gov. Mike DeWine was upset by the no-show at the Wednesday meeting and said Shaw needed to go to East Palestine and answer questions.
Norfolk Southern said in a statement Friday that it was “committed to coordinating the cleanup project and paying for its associated costs,” saying the company wanted to ensure that East Palestine’s residents and natural environment “not only recover but thrive.”
“Our company will be working tirelessly every day to get East Palestine back on its feet as soon as possible,” Shaw said in the statement. “We know we will be judged by our actions, and we are taking this accountability and responsibility very seriously.”
Despite repeated assurances that air and water testing has shown no signs of contaminants, residents of the town along the Pennsylvania state line have complained about lingering headaches and irritated eyes and some have said they are afraid to return to their homes. DeWine said a medial clinic opening early next week to evaluate residents and analyze their symptoms will include a team of experts in chemical exposures being deployed to eastern Ohio.
Chemicals that spilled into nearby creeks killed thousands of fish, and a smaller amount made it into the Ohio River. While officials said the contamination posed no threat, cities in Ohio and West Virginia that get their drinking water from the river were monitoring a slow-moving plume and a few temporarily switched to alternative water sources.
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