By Gongwer Staff
Posted: March 6, 2023 10:46 AM

Gov. Mike DeWine said Thursday he is fine with state lawmakers trying to improve rail safety but he believes that Congress ultimately needs to act.

The House's version of the transportation budget (HB 23) contains several provisions inserted in the wake of the train derailment in East Palestine, including requiring that those carrying freight have two-man crews and that rail companies notify operators of defects picked up by wayside detectors. (See Gongwer Ohio Report, February 28, 2023)

The rail industry has pushed back against those changes, arguing they are unconstitutional and preempted by federal law. (See Gongwer Ohio Report, February 22, 2023)

Lawmakers and members of the unions representing rail workers have argues those are areas in which the state can regulate the industry. (See Gongwer Ohio Report, February 21, 2023)

After speaking at a Statehood Day event, Gov. DeWine acknowledged that the federal government "almost always" preempts states when it comes to railroad issues.

"This is something that really needs to be addressed nationally," he said. "It needs to be addressed by the United States Congress. I'm fine with the state legislature looking at this and introducing bills, but ultimately, if you really want to have an impact, it's got to come from the Congress."

U.S. Sen. Sherrod Brown (D-Cleveland) and U.S. Sen. J.D. Vance (R-Cincinnati) a day earlier announced the introduction of their Railway Safety Act of 2023.

Among its provisions, the plan would bolster notification requirements for trains carrying hazardous materials – closing a loophole Gov. DeWine has repeatedly labeled "absurd." (See Gongwer Ohio Report, February 14, 2023)

Other components would mandate two-person train crews, increase the frequency of rail car inspections and boost fines for misconduct.

"Through this legislation, Congress has a real opportunity to ensure that what happened in East Palestine will never happen again," Sen. Vance said in a statement.

Added Sen. Brown: "These commonsense bipartisan safety measures will finally hold big railroad companies accountable."

Gov. DeWine, who is in a walking boot after sustaining an injury during a visit to East Palestine, said he is not familiar with all the details of the measure "but it looks like a good bill."

In the other chamber of Congress, U.S. Rep. Bill Johnson (R-Marietta) and fellow Ohio delegates debuted the East Palestine Tax Relief Act, which would ensure any relief payments or compensation tied to the derailment are exempt from taxes.

"The East Palestine Tax Relief Act will ensure those thrust into this unfortunate situation will not have to pay taxes on any relief payments they rightfully received," Rep. Johnson said. "I urge my colleagues to support the village of East Palestine by taking this legislation up for a vote in the coming weeks."

The governor was in East Palestine again on Wednesday to observe the removal of toxic substances from the site of the derailment, which he described as "a massive operation."

Jonathon Long, chair of the American Rail System Federation and a Norfolk Southern employee of 28 years, issued a letter to Gov. DeWine and others claiming workers have taken ill after working at the crash site.

The letter, also sent to Transportation Secretary Pete Buttigieg, urges officials to "use your influence and power to stop NS's reckless business practices that endanger the public and their workers."

The letter comes amid a dispute between the company and union related to sick leave.

The company last week called employees "the heart of our operation and we will continue to collaborate with union leaders to discuss and implement new enhancements for these critical members of our team who keep our company and our country moving."