The February 3, 2023, train derailment and chemical spill in East Palestine, OH, raised the profile of rail safety issues. Railroad labor organizations and some state and local governments have voiced concerns about railroad business practices that, in their view, put employees and communities at unnecessary risk. Railroad companies, meanwhile, have characterized more stringent safety requirements as unnecessary given the industry’s decades-long record of safety improvement. Bills introduced in the derailment’s immediate aftermath concerned hazardous materials transportation by rail, derailment prevention, train length, crew size, and blocked crossings, among other issues. Some of the proposed legislation aligned with indicators that showed a decline in rail safety. Freight rail safety bills introduced in the 119th Congress include the following: H.R. 928, Railway Safety Act of 2025, H.R. 971, Reducing Accidents In Locomotives (RAIL) Act of 2025, and H.R. 2515, American Tank Car Modernization Act of 2025. Several freight rail safety provisions, including some that are similar to those in the above bills, were incorporated into H.R. 8870, the Building Unrivaled Infrastructure and Long-term Development for America’s 250th (BUILD America 250) Act, a surface transportation reauthorization bill ordered to be reported favorably to the House of Representatives in May 2026. Freight rail safety bills introduced in the 118th Congress (none were enacted) included the following: S. 576 (as reported by the Senate Committee on Commerce, Science, and Transportation), Railway Safety Act of 2023, and H.R. 1347, Don’t Block Our Communities (D-BLOC) Act of 2023. Hazardous Materials Transportation by Rail Since 2015, a category of trains known as High Hazard Flammable Trains has been subject to additional federal safety requirements concerning advance notification of emergency responders, lower maximum speeds, and restrictions on using older, less crashworthy railcars. The train that derailed in East Palestine did not qualify as such due to the type and quantity of cargo it carried. Several legislative proposals would create new designations of trains carrying a greater variety of cargo types and quantities in order to extend those safety requirements to more trains. Preventing Derailments The East Palestine derailment was said to be likely caused by a defective wheel bearing that overheated, causing a wheel and axle to come loose. Several legislative proposals have focused on preventing this type of derailment in the future. Some proposals concern wayside devices known as defect detectors that can identify a bearing in danger of failing; others involve mandating more rigorous physical inspection of train cars before they depart from a yard or terminal. Train length has also been identified as a potential factor in some derailments, as the unequal distribution of weight on a long train could put excessive strain on freight cars and couplers when braking. Several technologies exist that could improve the reliability of train brakes. Other Issues Legislation has been introduced that would create a federal nationwide limit on how long a train may occupy or block a highway-rail crossing. State and local laws that forbid this practice repeatedly have been found to be preempted by federal law and unenforceable, even though no federal statute or regulation directly forbids the practice. Other issues under consideration include labor protections, such as minimum train crew size requirements and compulsory participation in a Confidential Close Call Reporting System (C3RS) for all railroads.
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