LINCOLN — A filibuster stretching over three days derailed a proposal Friday to require two-person crews on trains operated by major railroads in Nebraska.
State Sen. Mike Jacobson of North Platte — a major railroad center in the state — brought the proposal. He was able to advance it to floor debate in the State Legislature for the first time after years of trying by other senators.
But supporters failed to garner the needed 33 votes Friday to halt a filibuster and advance Legislative Bill 31. The vote was 24-19 to invoke cloture. State Sen. Mike Jacobson of North Platte (Zach Wendling/Nebraska Examiner).
Jacobson argued that LB 31 that would increase safety by providing a second set of eyes on rail hazards and someone who could inform first responders, in the event of a derailment, about hazardous chemicals on the train.
Derailments and other safety problems are on the rise, the senator said, and include an explosion and fire on a train in North Platte’s Bailey Yards in September that prompted evacuations due to a cloud of toxic smoke.
The safety issue drew national attention a year ago when 28 cars of a Norfolk Southern train carrying hazardous chemicals derailed near East Palestine, Ohio, requiring the evacuation of hundreds of people.
More than 176,000 tons of contaminated soil has been removed from the accident site. In addition, 1,200 private wells and the municipal water system were tested in the area. The tests showed no impacts, according to the Environmental Protection Agency.
Train engineers, Jacobson said, are required to stay in the cab, even in the event of an accident. He added that a second crew member on a train can speed the “breaking” of a train when first responders need to cross a crossing blocked by a parked train.
“Would you feel comfortable flying without a co-pilot?” Jacobson asked.
11 states require two crew members
Currently, 11 states, including neighboring Kansas and Colorado, have two-man crew requirements.
Union Pacific runs two-person crews on its over-the-road trains, as do other railroads, including the Burlington Northern Santa Fe. A UP spokeswoman said that the crew size issue came up in recent labor negotiations, but was later not included in the agreement reached. State Sen. Julie Slama of Dunbar (Courtesy of Unicameral Information Office)
Opponents argued that lawmakers were interfering in what is a matter for labor negotiations and federal regulation and that Nebraska ought to wait for the feds to act on the controversial issue pitting labor unions against management.
Sen. Julie Slama of Dunbar said such a bill interfered with interstate commerce, and Omaha Sen. Kathleen Kauth said there’s no proof that two-man crews reduce derailments. Several countries, she added, have safely switched to one-person train crews.
Federal rule pending
Another opponent of the bill, Sen. Lou Ann Linehan of Elkhorn, pointed out that Union Pacific is one of the state’s top employers and a top payer of property taxes.
Jacobson pushed back on that comment, saying that “safety” rules shouldn’t be determined on how much a company pays in taxes.
The federal government might soon weigh in on this issue.
A ruling from the Federal Railroad Administration is pending on a proposal to require two crew members except “for those operations that do not pose significant safety risks to railroad employees, the public, or the environment.”
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