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'We will get the votes': US Sen. Sherrod Brown addresses push for Rail Safety Act nearly 1 year after Ohio train derailment in East Palestine

Feb. 3 marks one year since the East Palestine train derailment involving Norfolk Southern.

EAST PALESTINE, Ohio — As we prepare to mark one year since the toxic Ohio train derailment in East Palestine, U.S. Sen. Sherrod Brown held a video conference call Tuesday afternoon to give an update on efforts for railway safety.

“I’m here for the long haul," Brown said. "I’ll always fight for the people of this community. I’ll always fight to hold Norfolk Southern accountable. I’ll always fight to make our railways safer.”

Tuesday's conversation also put focus on the Railway Safety Act, whichBrown says he continues pushing for since it was first introduced last March.

"We will get the votes," the senator said. "We need it scheduled on the floor no matter what Sen. McConnell or anyone else thinks."

We streamed Brown's comments, which you can watch in full below:

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So what's the Rail Safety Act all about? Here’s a summary of the bill as posted on Congress.gov:

This bill addresses safety requirements for rail carriers and trains transporting hazardous materials.

Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans.

DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials.

The bill also

  • increases the maximum fines DOT may impose on rail carriers for violating safety regulations,
  • requires DOT to update rail car inspection regulations and audit the federal inspection program,
  • requires a minimum two-person crew for certain freight trains,
  • phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law),
  • expands training for local first responders,
  • imposes a new fee on certain rail carriers, and
  • provides funding for research and development to improve railway safety.

“I think there’s no question that if that law had been in place, East Palestine wouldn’t have suffered as much as they did in those months after the derailment," Sen. Brown said. "Trains frankly won’t be safe until we pass the rail safety bill. The fact that these rail CEOs, who make more and more money putting profits over public safety, continue to oppose this bill, tells you everything you need to know. Maybe we never get rid of every derailment in the country, but certainly this would’ve made a huge difference in East Palestine.”

The derailment, which involved a Norfolk Southern train on Feb. 3, 2023, resulted in ongoing health concerns due to chemicals released during the incident.

“They don’t want this derailment to define them," Sen. Brown said of the East Palestine residents. "I don’t want that either. I don’t want any community in Ohio or around the country to have to deal with a disaster like this ever again. Make no mistake. This derailment was preventable. The train barreled past sensors that raised the alarms, but Norfolk Southern didn’t tell the crew to stop.”

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