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NTSB chairman accuses Norfolk Southern of trying to obstruct East Palestine investigation

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TONIGHT. PAUL. SO, ANDREW KELLY, AFTER ANNOUNCING THE RESULTS OF THEIR INVESTIGATION ON TUESDAY, THE NTSB CHAIRMAN DESCRIBED NORFOLK SOUTHERN IN HORRIFIC TERRIBLE WAYS AND ACCUSED RAILWAY EXECUTIVES OF TRYING TO RESTRICT FEDERAL INVESTIGATORS. NORFOLK SOUTHERN OF COURSE DID SO. NTSB CHAIRMAN JENNIFER HAMADEH SAYS ON THE DAY OF THE DERAILMENT, THE LEAD INVESTIGATOR FOR THE TRAFFIC SAFETY AGENCY ASKED NORFOLK SOUTHERN TO PRESERVE ALL EVIDENCE. FOR THE NEXT TWO WEEKS. HE REQUESTED A FULL DOWNLOAD OF THE LOCOMOTIVES’ EVENT AND IMAGE RECORDERS FIVE TIMES. ON FEBRUARY 16, WE WERE INFORMED BY NORFOLK SOUTHERN THAT ALL BUT ABOUT 20 MINUTES WAS LOST BECAUSE THE LOCOMOTIVES WERE PUT BACK INTO OPERATION. THAT WASN’T THE ONLY TIME, SHE SAYS. INVESTIGATORS HAD EFFORTLESSLY GETTING WHAT THEY NEEDED SEVERAL TIMES. NORFOLK SOUTHERN HAS TWICE DELAYED OR FAILED TO PROVIDE OUR TEAM WITH IMPORTANT INVESTIGATION INFORMATION AT STAFF REQUEST. I CALLED NORFOLK SOUTHERN AND SAID I WOULD ISSUE SUBPONITES TO OBTAIN THE INFORMATION IF IT WAS NOT PROVIDED TO OUR TEAM IMMEDIATELY, SHE SAID. THE RAILWAY VIOLATED SAFETY OFFICER RULES BY TRYING TO PRESENT TESTS OF STORE-BOUGHT VINYL CHLORIDE AS EVIDENCE. THAT IS THE TOXIC CHEMISTRY RELEASED IN THE EVENT AND FIRE AND WHICH THE NTSB DESCRIBED AS UNNECESSARY PARTIES MAY NOT CREATE THEIR OWN EVIDENCE AND DEVELOP THEIR OWN FACTS OUTSIDE OF THE NTSB’S INVESTIGATION PROCESS, WHICH IS EXACTLY WHICH NORFOLK SOUTHERN DID. A STATEMENT FROM A NORFOLK SOUTHERN SPOKESPERSON STATES THAT NORFOLK SOUTHERN COOPED FULLY AND ETHICALLY WITH THE INVESTIGATION AT ALL TIMES, WITH FULL TRANSPARENCY. CONGRESSMAN CHRIS DELUZIO REPRESENTS THE AREAS OF BEAVER COUNTY AFFECTED BY THE DERAILMENT. I WAS SHOCKED WHEN THE CHAIRMAN OF THE NTSB SAID NORFOLK SOUTHERN HAD ATTEMPTED TO UNDERMINE THIS DERAILMENT INVESTIGATION. DELUZIO IS A CO-SPONSOR OF THE BIPartisan Railroad Safety Act, WHICH WOULD ADDRESS MANY OF THE SAFETY ISSUES HIGHLIGHTED BY THE NTSB. BUT THE BILL HAS PASSED IN CONGRESS.

NTSB chairman accuses Norfolk Southern of trying to obstruct East Palestine investigation

National Transportation Safety Board Chair Jennifer Homendy accuses Norfolk Southern of stalling and bullying investigators in the East Palestine derailment. On Tuesday, the safety board announced the results of its investigation and made three dozen recommendations to the railroad industry and federal agencies. Homendy accused Norfolk Southern of repeatedly attempting to delay the investigation and hide evidence. “Norfolk Southern’s actions were unconscionable, and I want everyone working with the NTSB on current and future investigations to understand that,” she said. On the day of the derailment in February 2023, Homendy said, the safety board’s lead investigator asked Norfolk Southern to preserve all evidence. “Over the next two weeks, he requested a full download of the locomotive’s event and image recording devices five times. On Feb. 16, we were informed by Norfolk Southern that all but about 20 minutes had been cleared because the locomotives were being put back into service,” she said. Investigators struggled on multiple occasions to get what they needed, with Norfolk Southern often delaying or failing to provide important information. “On multiple occasions, Norfolk Southern delayed or failed to provide important investigative information to our team. Twice, at the request of staff, I called Norfolk Southern and stated that I would issue subpoenas to obtain the information if it was not provided to our team immediately,” Homendy said. She claimed the railroad violated safety agency rules by submitting tests of store-bought vinyl chloride as evidence. That’s the toxic chemical released during a vent-and-burn operation that the NTSB called unnecessary. “Parties are not permitted to falsify their own evidence and develop their own facts outside of the NTSB’s investigative process, and that is exactly what Norfolk Southern did,” Homendy said. A statement from Norfolk Southern spokesman Thomas Crosson said, “Norfolk Southern has cooperated fully and ethically with the investigation at all times, with full transparency. Our communications with NTSB staff and board members have always been motivated by a desire to ensure they had all relevant information for their independent evaluation and a shared commitment to improving rail safety.” Democratic U.S. Rep. Chris Deluzio of Pennsylvania represents the areas of Beaver County affected by the derailment. “I was shocked to hear the NTSB Chairman say that Norfolk Southern was attempting to undermine this investigation into the derailment,” Deluzio said. Deluzio is a co-sponsor of the bipartisan Railway Safety Act, which would address many of the safety problems identified by the NTSB. The bill has stalled in Congress.

EAST PALESTINE, Ohio —

National Transportation Safety Board Chair Jennifer Homendy accuses Norfolk Southern of stalling and intimidating investigators in the East Palestine train derailment.

On Tuesday, the safety panel announced the results of its investigation and made three dozen recommendations to the railroad industry and federal agencies.

Homendy accused Norfolk Southern of repeatedly attempting to delay the investigation and suppress evidence.

“Norfolk Southern’s actions were unconscionable and I want everyone who works with the NTSB in current and future investigations to understand that,” she said.

On the day of the derailment in February 2023, Homendy said the safety agency’s lead investigator asked Norfolk Southern to preserve all evidence.

“Over the next two weeks, he requested a full download of the locomotives’ event and image recordings five times. On February 16, we were informed by Norfolk Southern that all but about 20 minutes had been deleted because the locomotives were being returned to service,” she said.

Investigators struggled on several occasions to get what they needed, and Norfolk Southern often delivered important information late or not at all.

“On several occasions, Norfolk Southern delayed or failed to provide important investigative information to our team. On two occasions, at the request of employees, I called Norfolk Southern and stated that if the information was not immediately provided to our team, I would issue subpoenas to obtain it,” Homendy said.

It claimed the railroad violated safety agency rules by submitting as evidence tests of commercially available vinyl chloride, the toxic chemical released during what the NTSB called an unnecessary venting and burning process.

“The parties are not allowed to falsify their own evidence and develop their own facts outside of the NTSB’s investigation process, and that is exactly what Norfolk Southern did,” Homendy said.

A statement from Norfolk Southern spokesman Thomas Crosson said: “Norfolk Southern has cooperated fully, ethically and with full transparency in the investigation at all times. Our communications with NTSB staff and board members have always been guided by a desire to ensure they had all relevant information for their independent evaluation and by our shared commitment to improving rail safety.”

Democratic U.S. Representative Chris Deluzio of Pennsylvania represents the areas of Beaver County affected by the derailment.

“I was shocked to hear the chairman of the NTSB say that Norfolk Southern was trying to undermine the investigation into the derailment,” Deluzio said.

Deluzio is co-sponsor of the bipartisan Railroad Safety Act, which would address many of the safety problems identified by the NTSB. The bill has stalled in Congress.

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