Why Union Pacific’s rail safety audit matters to Houston

As black clouds of toxic smoke filled the air above East Palestine, Ohio, in February 2023, it seemed for the first time in a long time that something was going to change. The fire caused by the derailment of a Norfolk Southern train carrying toxic vinyl chloride, manufactured right here along the Houston Ship Channel, has sparked a national conversation about rail safety and widespread concerns about the lack of accountability and safety regulations. But that flame turned to ashes, and the promise of real reform collapsed as bipartisan outrage turned to stalemate.

Instead, we got a new safety assessment, a series of safety culture audits carried out at every major rail company. I first went to Norfolk Southern, then CSX and BNSF. Next came Union Pacific, which owns the vast majority of the Houston area’s rail infrastructure. But the process, which included in-person and telephone interviews with daily workers, was quickly derailed when regulators sounded the alarm.

In a letter to Union Pacific dated April 26, the Federal Railroad Administration wrote that it had “discovered many employees” who had been counseled on their responses, others who were reluctant to participate citing “the intimidation or fear of retaliation,” and others were asked to report when they had been approached by a federal official. The breech was apparently so serious that the FRA decided to suspend the investigation.

Very big, according to Jared Cassity, safety chief of the largest rail union, the International Association of Sheet Metal, Air, Rail and Transportation Workers, Transportation Division.

“This highlights a major problem in the rail industry,” he told the editorial board. “There is this pervasiveness of harassment and intimidation.”

Unions have repeatedly spoken out against industry cuts that they say have worsened unsafe working conditions as train lengths reach more than three or even four miles. The assessment itself appears to be a lukewarm response to a devastating derailment, but it is a step in the right direction. This scandal, however, reveals how limited the powers of the federal government are to regulate these companies. Although they became one of the first major industries to be regulated, railroads have long enjoyed a privileged place in a country where interstate commerce is king.

Union Pacific explained its side of the story, saying it was a misunderstanding.

“The steps we took were intended to help, not hinder, and were taken to educate and prepare our team for the assessment in an ethical and compliant manner,” UP President Beth Whited wrote in a response letter to the FRA. The company insisted that it was a single manager sharing the questions provided by the FRA with his team and reviewing possible answers with them.

We are skeptical. The agency’s letter suggested serious systemic problems. There is already some level of coordination between the FRA and the railroad companies in conducting these investigations, and Union Pacific is alone in facing these types of allegations that have raised concerns.

So why, if this is such a red flag, is the FRA simply suspending the audit without any consequences for the company? One theory: a lack of manpower to cover a vast national industry.

“Due to agency limitations, manpower limitations and manpower issues, they are not able to be on site monitoring the railroads,” Cassity said. “The system is broken.”

It’s a concern that U.S. Rep. Sylvia Garcia has also had since serving as a Harris County commissioner. She told us that news of Union Pacific’s alleged breach was an alarming reminder of the industry’s power.

“They have to prepare the employees and tell them what to say, what are they trying to hide? she asked.

“It’s time for us as Congress to ensure that the FRA has real powers,” she said.

Garcia tried. She is behind a bill that would authorize the FRA to penalize railroad companies whose trains block intersections for more than 10 minutes. She is also considering another bill that would regulate train speeds in school zones during certain times. She doesn’t expect it to go anywhere. But she said it was important to start the conversation.

What she would really like to see is a more aggressive and empowered FRA. For its part, the agency said civil penalties are unlikely because Union Pacific does not appear to have violated any specific regulation or law. It is possible that this was actually a misunderstanding that occurred at a particularly politicized moment. Ethical lapses aside, there may be no reason to fear security concerns. In the meantime, the railroad is conducting its own safety culture assessment with focus groups and surveys, which will be completed in June and shared with the FRA. The agency said it would resume its assessment at a later date.

More must be done. The FRA should continue the audit. Listening to employee voices is one of the surest ways to gain real insight into safety culture. And he should hold Union Pacific accountable – as much as possible.

“I want them to determine who is responsible, even if it’s the CEO or the president,” Cassity said. “There has to be some sort of deterrent for this.”

Congress must make sure this is possible by giving the FRA the power it needs. We cannot wait for another eastern Palestine to take security more seriously.