Schumer: Upstate NY deserves answers from railroad companies in wake of Ohio derailment

ALBANY — In the wake of the recent rail crash and toxic chemical burn that forced the evacuation of thousands of Ohio residents, Senate Majority Leader Charles E. Schumer is demanding that major freight railroad corporations operating in upstate New York provide officials with “basic information” on staffing levels and safety protocols. 

New York senior senator is soliciting information from the leaders of seven railroad companies that operate in the United States, including two that have extensive freight activity in New York: CSX Railroad, which operates a major freight yard out of the Port of Albany; and Norfolk Southern, the beleaguered railroad company currently facing abundant public criticism and federal scrutiny for two recent derailments in Ohio — including the early February crash in East Palestine that involved spillage of toxic chemicals. 

A letter Schumer’s office sent out Tuesday addressed to those companies asks them to share detailed information regarding outreach and resources they make available to local officials and first responders in case of a future derailment, as well as the number of railcar inspectors each company employs. It also asks how each one plans to address rail safety inspections in the future.

“Now the railroads know that they’re in trouble and they have to be transparent,” Schumer told reporters at a Tuesday press conference. “So we have a real opportunity to get them to support us — or at least not fight us — on common-sense safety changes.” 

East Palestine should serve as a warning, Schumer said, though he pointed to similar incidents that upstate New York has faced in recent years. In 2007, a CSX freight train carrying liquid propane derailed in Oneida en route to Selkirk, causing a fire and requiring an evacuation of nearby residences and schools. 

The derailment in East Palestine forced half of that town’s residents to evacuate in the immediate aftermath of the crash as officials conducted a burn of toxic petrochemicals on board. In the weeks since, residents have reported lingering health concerns including rashes. The incident has attracted bipartisan outrage and renewed the push for new rail safety measures.

“These major rail companies have a responsibility, if they’re going to carry this stuff, to make sure New Yorkers are kept safe,” Schumer said. “New Yorkers should not have to live in fear that these trains running through their cities are dumping toxic and hazardous material near their family homes.”

Experts in the industry have pointed to significant opposition lobbying on measures that would have strengthened regulations on rail companies and related businesses — corporate efforts that critics say contributed to the East Palestine disaster. 

Politicians in recent weeks have charged that increased federal oversight may be necessary to prevent future crashes. Recently announced legislation in Congress that Schumer highlighted Tuesday would create stricter safety requirements for trains that transport hazardous materials, as well as requiring that two-person crews work on every such train. 

The senator has also been in touch with railroad unions, he said, adding that simmering concerns about workplace conditions are relevant to the current situation facing the industry. There are 600 fewer rail employees today in the state than there were 10 years ago, Schumer said. 

During the 2022 legislative session, New York was on the cusp of enacting state legislation that would have required two-person crews on board most freight trains. The bill, however, was vetoed by Gov. Kathy Hochul in December; the governor’s veto message said she was “constrained” to reject the measure due to the primacy of federal rail legislation. 

There are currently about 3,000 employees in New York working for freight railroads, which can transport anything from chemicals, waste products and food products, according to the state Department of Transportation. Most cities in upstate New York — including Albany, Syracuse and Buffalo — house major freight rail facilities and yards.