“What will it take?”

In the aftermath of an East Palestine, Ohio train derailment last month that found rail cars spewing toxic chemicals into the air and groundwater, that was the question—asked in several different ways—put to a panel of state lawmakers in Lincoln today as they consider a key rail safety issue.

That issue: A proposed state law which would mandate a minimum of two crew members on each freight train crossing Nebraska.

Rail workers, unions and others told the Legislature’s Transportation Committee today that two-person crews are a must. More than one testifier noted they’ve made their case to the committee year after year, only to find the legislation going nowhere.

At the same time, Big Rail—Union Pacific and BNSF (Burlington Northern Santa Fe)—insists, as it has time and time again, that crew size is a “collective bargaining” issue and not something states should have a role in.

One lawmaker says 2-person crews are needed to make the trains safe and she let the railroads know it.

[View the following exchange above]

State Sen. Machaela Cavanaugh, Omaha (D): Why should we allow the train industry to have the option to diminish security without the approval of the legislature?  

Rod Doerr, Union Pacific Railroad: There's really two primary reasons the first is the companies, along with their unions who do this work every day, are probably in the very best position to say what will work and what won't.

Cavanaugh: But I think that the unions would argue that they think that this is what works. And they're begging that we codify it so that in the negotiations that can't be used as a bargaining chip against other things like their benefits, their paid leave, their wages. That you're not going to bargain against their safety. That you're not going to hold them and say that they can't get paid livable wages because if they do, you'll go to one-man.

Doerr: I don't see it as a bargaining chip.

Cavanaugh: Then why not codify it?

Doerr: Because the codification of a law into a law of current state does not allow us to exercise the ability to continue to advance technology in this industry and then work with our unions to come up with the best, safest, most efficient, reliable transportation.

And those derailments, some with potentially deadly consequences, are no stranger to the over 3,000 miles of Nebraska track. As NCN recently reported, during the last five years there have been over 220 derailments in Nebraska, roughly one a week.

As for “What will it take?” to change the law, quite possibly more time. During the hearing Cavanaugh said, “Maybe next year when we have this bill again…”