(3/34 claims not rated true or mostly true; 1947 words, 11m 50s)
Pete Buttigieg: Rail Safety Announcement, 2024-04-02
Video | Transcript generated by Slack. | The regulation he is discussing.
Well, thanks very much, David, I'll be more popular at home with my, two year old son, now that, he knows that, I've been standing with firefighters today.
And I, I wanna recognize so many of the workers who are represented here, who have been fighting for safe crew sizes for some time.
we are proud to stand with the workers of America's supply chains, American railroading, American infrastructure, and America's first responders, and that's true not just in the context of today's wins.
But in the context of what it takes every day because by the time I know by the time I've gotten up, fed the dog, poured out some cereal or fried an egg, and, got in the vehicle that had to work, there's already about 10 or 20 different things that I've touched or handled or counted on that are only there because of America's workers, so it is the absolute minimum that our country could do.
To make sure that those workers are safe and to the tens of thousands of Americans who from rail workers to families living near train lines who spoke up and left comments supporting this proposed rule, I want to thank you because you helped bring us to today.
Anyone who serve in the military knows the phrase bottom line up front, so I will start with the bottom line up front.
This is a good day for the safety of rail workers, rail passengers, and every American who lives near a rail line all across this country because America's rails are safer today than they were yesterday.
We're gonna recognize that and celebrate that, but, but first I wanna take a moment to talk about why this matters so much.
Last week in Baltimore we were reminded of what is at stake in the safety of our transportation systems that it is literally about lives and about livelihoods and safety is the number one reason why this Department of Transportation exists.
You all know well what safety on our rails means, but for anybody following along from home, I wanna make sure people understand how far we still have to go on railway safety.
Last year I visited East Palestine in Ohio to meet community members and see the site of that Norfolk Southern derailment firsthand.
And a few months later I met with rail workers in Nebraska after the explosion at the UP rail rail yard in North Platte which forced residents there to evacuate their homes.
administrator Bos was in Pueblo, Colorado at the site of BNSF railway coal train derailment.
In 2023, America saw seven rail-related employee on duty deaths and 46 employee on duty major injuries across all railroads.
And 2023 was not an outlier or a fringe exception.
America's averaged more than one train derailment per day for as long as I've been alive.
That status quo is not acceptable, nor is it inevitable.
The rate of derailments in this country is not preordained that's something we know from experience because when good safety rules have been put in place over the years, especially after high profile incidents, we see derailments come down on mainline tracks.
But as attention faded on those incidents, the railroad industry lobby was consistently able to weaken or delay important safety provisions, sometimes through legislation in Congress, sometimes by watering down regulations.
Sometimes getting a regulatory process frozen entirely like what happened under the previous administration.
Since day one of the Biden administration, we have been working to improve rail safety and keep workers and communities safe.
Through the president's bipartisan infrastructure package we awarded billions of dollars to modernize rail infrastructure and improve dangerous highway rail crossings across the country.
Our Federal Railroad Administration has completed 7500 focused inspections along the routes of high hazard flammable trains.
We have issued safety advisories and advanced new policies to address tank car types, train links, hazmat spills, and workers fatigue and protections that workers need.
We also know the rail workers are safest when they are not stretched too thin.
So it's another reason why I'm so proud to welcome so many rail workers here to the DOT today.
Almost 90% of Class One rail union rail workers now have paid sick days thanks to the work of you all and your unions who reached agreements with the railroads and through the leadership of President Biden and we're proud of our contributions in this department to make it a priority to support those efforts because just about a year and a half ago it was 5% who had sick leave.
Now we're at 89 and we're gonna keep pushing for that other 11% until it gets to 100%.
We know that a big part of ensuring safety is ensuring that there is enough staff on board to safely operate the train and respond when something happens and that's what brings us here today.
These railroad corporations have in some cases begun using trains that are a multiple of the length that they used to be.
Some of these trains running through communities are about three miles long.
For perspective, if you put the Empire State Building on its side and then added 11 more Empire State Buildings, that's about how big some of these trains would be.
And they want to operate that with one person.
Certainly can't imagine operating one Empire State Building with one person and it doesn't move.
It defies common sense and that changes today.
So on behalf of the Biden administration, our department is proud to issue this final rule requiring safe crew sizes for every train across America.
And we're excited to celebrate that with you.
That means that we finally have a general provision establishing minimum crew size for trains that should and from now on must have at least 2 crew members.
A second crew member is vital.
To performing safety functions like securing a train with hand brakes, handling track switches that are not remotely controlled, obtaining track authorities, assisting in emergencies, and much more.
Americans across the country commented on this rule making, including railroad workers who know firsthand why this rule is so important.
Many described how the conductor and the engineer worked together to help each other avoid dangerous situations and prevent accidents.
One worker said asking a person to run a train alone for 12+ hours is like a kind of solitary confinement that will inevitable inevitably lead to fatigue.
One worker said, we must have two person train crews to stay alive in this job by looking out for each other.
Which is what America's railroad workers do.
And workers described how when a train is blocking a road, which is a huge headache that we hear about again and again in communities, having a second crew member can also be helpful toward clearing that issue and moving more quickly or even where necessary cutting the train to unblock the crossing.
I know that people have been urging this department to address safe crew sizes for over 10 years.
President Obama started a rulemaking process, but the process was then frozen during the Trump administration.
But safe crew crew size was a priority for President Biden, and under his leadership we resumed work in this area and a new rule was introduced which is now complete and final.
Before this rule, a railroad could unilaterally decide to just operate with one crew member without needing to check in with us.
With this rule, we will allow special approval if and only if requesting a requesting railroad can show to us that their circumstances mean a one person crew will be no less safe, but I expect those cases to be the exception, not the rule, and that's not just the saying now because we actually have a rule.
Communities and workers will have the opportunity to weigh in.
Communities and workers will have the opportunity to weigh in before there is any determination from the FRA.
This rule is also going to address the patchwork of differing uncoordinated requirements that have been developing across the states, with some governors of both parties doing the right thing while others caved to railroad lobbyists.
You know when they pushed against the rules requiring two person crews at the state level, one of the things the railroad lobby said was the federal government should be the one to make the rules so there's uniformity across state lines, so.
Here we go.
This is a rule that is good for workers, it is good for communities, it is good for America's economy.
And actually am convinced that it is good for railroading writ large as well but we know there's more to do.
This rule alone will not prevent every incident or accident, so we're gonna keep pushing together on what we know that we can achieve from within this building.
We're gonna keep pushing industry to make the changes that they could make today if they were willing.
And we are going to keep pressing Congress to pass the Railway Safety Act.
That's a bill that was introduced by bipartisan leaders in the wake of East Palestine but has since been derailed by the railroad lobby and their allies in Congress.
Some of the same Republican representatives and senators who were loudest in professing outrage over that derailment one year ago are uncharacteristically avoiding comment right now now that their votes are needed to pass this into law.
This should be a completely bipartisan nonpartisan issue, and Congress must pass it into law.
This is legislation that would phase in safer tank cars, require defect detectors, expand the list of hazardous materials that qualify for stricter safety precautions.
But also increase the size of the fines that we can level against railroads so that they stop having any temptation to consider safety violations as a minor and manageable cost of doing business.
So everybody in Congress and the railroad industry, we invite you to join us in supporting the Railway Safety Act, and we invite you to join us in celebration of the rule that we are finalizing today.
Everyone can choose safety and I am certain that railroading can remain a stupendously profitable business while becoming a safer one as well.
So let me end just again by welcoming and thanking everyone who is here and most importantly everyone that you represent because every American counts on you whether they realize it or not.
And I want to thank you for your participation in this process because we got over 13,000.
Comments on this rule, so many of them informed by your day to day experience and by the way, about 99% of the individuals who commented on this rule were in favor of it.
It is a good day when the voices of working people win the day, and I'll say it happens on a lot more days in the Biden Harris administration, but it's still a really special thing to be able to celebrate today.
You all changed the rules of the game today and your fellow workers and fellow Americans are gonna be safer because of it.
So thank you again and with that I have the honor of turning it over.
To our Federal rail administrator whose team at FRA along with so many in the office of the secretary and through throughout this building have done so much, to partner with voices across the sector, to never let this go, and to move, sometimes administrative and bureaucratic mountains, to make sure that common sense is the law of the land.
tens of thousands of Americans who from rail workers to families living near train lines who spoke up and left comments supporting this proposed rule
This is a slight exaggeration. There were 13,175 comments on the proposed rule which is technically not "tens of thousands."
Last year I visited East Palestine in Ohio to meet community members and see the site of that Norfolk Southern derailment firsthand.
And a few months later I met with rail workers in Nebraska
the explosion at the UP rail rail yard in North Platte which forced residents there to evacuate their homes.
administrator Bos was in Pueblo, Colorado at the site of BNSF railway coal train derailment
In 2023, America saw seven rail-related employee on duty deaths
46 employee on duty major injuries across all railroads.
The report at injuryfacts.nsc.org does not distinguish major injuries from all injuries. Looking at a more detailed report, there were 23 injuries of on-duty employees that required more than 1 day off from work, so 46 seems plausible for the number of major injuries.
2023 was not an outlier or a fringe exception
On the year-over-year graph, 2023 does not appear as an outlier.
America's averaged more than one train derailment per day for as long as I've been alive.
In the 43 years spanning 1982 to 2024, there were 78,069 derailments in the US. That is more than the 15,695 days in those years.
The rate of derailments in this country is not preordained that's something we know from experience because when good safety rules have been put in place over the years, especially after high profile incidents, we see derailments come down on mainline tracks. But as attention faded on those incidents, the railroad industry lobby was consistently able to weaken or delay important safety provisions, sometimes through legislation in Congress, sometimes by watering down regulations.
This is a broad claim. A true historian of the railway may be able to back up this claim, but it's hard to see the trend he describes by plotting the number of derailments next to the dates of major new regulations.
Through the president's bipartisan infrastructure package we awarded billions of dollars to modernize rail infrastructure and improve dangerous highway rail crossings across the country
It was $2.4 billion. The announcement mentions crossing specifically.
Our Federal Railroad Administration has completed 7500 focused inspections along the routes of high hazard flammable trains
We have issued safety advisories
advanced new policies to address tank car types, train links, hazmat spills, and workers fatigue
A changed policy about a tank car type for transporting liquid natural gas.
If by links he means "couplers", no specific new policies were proposed in his administration. If he means "connection between places", then his administration advanced mean new policies, including improvements to PTC communications.
Policies related to hazmat (Note that this is dated after this speech, but he used the verb "advanced", which could have already been in progress)
Worker fatigue is discussed in detail in the remainder of the speech.
We also know the rail workers are safest when they are not stretched too thin
This is nearly tautologically true, so I will not rate it.
Almost 90% of Class One rail union rail workers now have paid sick days thanks to the work of you all and your unions who reached agreements with the railroads and through the leadership of President Biden and we're proud of our contributions in this department to make it a priority to support those efforts because just about a year and a half ago it was 5% who had sick leave. Now we're at 89
The 5% number is hard to confirm outside of Buttigieg's own press releases, but seems in line with the AP's description of conditions leading up to the near-strike.
The 90% is similarly based on internal numbers, but is also roughly confirmed by the AP.
It should be noted that it appears that some railroad companies still count that absence against your attendance record, causing one Redditor to describe the paid sick leave as being "paid to be fired".
These railroad corporations have in some cases begun using trains that are a multiple of the length that they used to be
Since he puts no time bound on "they used to be", this is almost automatically true.
Some of these trains running through communities are about three miles long. For perspective, if you put the Empire State Building on its side and then added 11 more Empire State Buildings, that's about how big some of these trains would be
Some trains are up to 20,000 feet long.
The Empire State Build is 1,454. 12 of these would be 17,448.
That means that we finally have a general provision establishing minimum crew size for trains that should and from now on must have at least 2 crew members
Many described how the conductor and the engineer worked together to help each other avoid dangerous situations and prevent accidents.
For example, FRA-2021-0032-12905.
One worker said asking a person to run a train alone for 12+ hours is like a kind of solitary confinement that will inevitable inevitably lead to fatigue.
Comment FRA-2021-0032-12877.
One worker said, we must have two person train crews to stay alive in this job by looking out for each other.
For example, FRA-2021-0032-12793.
And workers described how when a train is blocking a road, which is a huge headache that we hear about again and again in communities, having a second crew member can also be helpful toward clearing that issue and moving more quickly or even where necessary cutting the train to unblock the crossing.
For example, FRA-2021-0032-12538.
I know that people have been urging this department to address safe crew sizes for over 10 years. President Obama started a rulemaking process, but the process was then frozen during the Trump administration.
AP confirms it was first proposed under Obama and that talks stalled turn the Trump administration.
a new rule was introduced which is now complete and fina
Before this rule, a railroad could unilaterally decide to just operate with one crew member without needing to check in with us
This is new requirement of the rule.
With this rule, we will allow special approval if and only if requesting a requesting railroad can show to us that their circumstances mean a one person crew will be no less safe,
From the rule (emphasis mine):
In § 218.123, the final rule requires railroads to staff every train operation with a minimum of two crewmembers (including a locomotive engineer and an additional crewmember who will typically be a conductor) that travel with the train and can directly communicate with each other even if one crewmember is not in the locomotive cab, with certain one-person train crew exceptions permitted under specified circumstances.
Communities and workers will have the opportunity to weigh in. Communities and workers will have the opportunity to weigh in before there is any determination from the FRA
Section 218.135 allows for 60 days of public comment on special approvals.
This rule is also going to address the patchwork of differing uncoordinated requirements that have been developing across the states, with some governors of both parties doing the right thing while others caved to railroad lobbyists. You know when they pushed against the rules requiring two person crews at the state level, one of the things the railroad lobby said was the federal government should be the one to make the rules so there's uniformity across state lines, so. Here we go.
That's a bill that was introduced by bipartisan leaders in the wake of East Palestine
since been derailed by the railroad lobby and their allies in Congress
Some of the same Republican representatives and senators who were loudest in professing outrage over that derailment one year ago are uncharacteristically avoiding comment right now now that their votes are needed to pass this into law
This is legislation that would phase in safer tank cars, require defect detectors, expand the list of hazardous materials that qualify for stricter safety precautions. But also increase the size of the fines that we can level against railroads so that they stop having any temptation to consider safety violations as a minor and manageable cost of doing business.
The summary of the bill and the Congressional Research Service analysis say that the bill would do these things.
we got over 13,000. Comments on this rule,
about 99% of the individuals who commented on this rule were in favor of it
To say that 99% of all comments were positive with an 0.05% confidence level and 1% margin for error, 265 out of 268 sampled comments would have to be positive. Of the 268 I sampled, 264 were positive. So, the claim fell slightly short. The four negative responses in my sample were from
- the Reason Foundation, a libertarian think tank
- a conservation group, concerned that two-man crews would decrease efficiency and have a negative environmental impact
- an individual who said that if technology allows for trains to be operated with one or zero crew, it should be allowed
- a person who said that writing a comment was pointless and that Joe Biden is a union buster