Freight railroad industry: Policymakers should reject ‘one-size-fits-all mandates’

While the Feb. 3, 2023, derailment in East Palestine has spawned various railroad safety proposals, it has so far not led to major change.

And, don’t expect the leading freight railroad industry association to support the latest proposal, the Railroad Safety Enhancement Act of 2026, offered by U.S. Sens. Jon Husted, R-Ohio, Bernie Moreno, R-Ohio, and others.

“Three years ago, many Ohioans understandably lost faith in the safety and reliability of our nation’s railways after the accident in East Palestine, Ohio,” Husted said in a release when the measure was introduced.

“Since then, we have learned valuable lessons about the necessity of extensive consultation with the rail industry, emergency responders and local communities,” Husted added. “By using a balanced, data-driven approach to advancing rail safety, my bill would protect Ohio’s communities while supporting the freight rail industry across the country.”

The proposal follows the Railway Safety Act of 2024, first pushed, albeit unsuccessfully, by then-U.S. Sen. JD Vance, R-Ohio, and others following the Norfolk Southern derailment in East Palestine. In short, its list of safety considerations calls for hotbox detectors — sensors to help detect overheated bearings on rail cars — on average every 15 miles, stricter federal oversight, a 40 mph speed limit for trains carrying high-hazard materials, and a requirement that railroads provide first responders with real-time information.

It would also mandate that all Class I railroads and Amtrak participate in the Confidential Close Call Reporting System, known as C3RS, for two years, prohibit railroads from limiting the time for safety inspections, enhance inspection requirements for freight cars, and require at least two-person crews.

However, the Association of American Railroads said it isn’t interested in what it views as backward and all-encompassing mandates. It would rather focus on innovation.

“Freight railroads continue to advance safety through sustained investment in the core network, deployment of proven and emerging technologies, and rigorous operating standards,” Ted Greener, the AAR’s senior vice president for communications, said in a statement. “Because of this, railroads are in the midst of their safest era ever and remain the safest way to move goods over land.

“As Congress considers any rail safety legislation, policymakers should reject backwards-looking, one-size-fits-all mandates that undermine competition and raise prices for consumers, and instead ensure each provision is objectively grounded in data to reduce risk,” Greener added. “The priority should be policies that encourage innovation and measurable safety outcomes without disrupting the supply chain or diverting resources from proven, safety-critical investments.”

Industry officials also point to 2025 Federal Railroad Administration data indicating that it was a record-breaking year for rail safety.

The East Palestine wreck has been controversial in Ohio on multiple fronts.

In June 2025, U.S. Rep. Michael Rulli, R-Ohio, said the administration of former President Joe Biden lied about and covered up the dangers stemming from the derailment and subsequent toxic chemical burn in East Palestine. He called for a probe into the administration’s mishandling of the derailment and burn.

The call followed the release of emails that the Government Accountability Project, a whistleblower group, obtained via a Freedom of Information Act request.

Earlier this year, on the third anniversary of the derailment, a research office focused on its health effects opened. The office, funded by the National Institute of Environmental Health Sciences, opened during an anniversary ceremony.