COLUMBUS, Ohio — The Association of American Railroads has filed suit to overturn an Ohio law requiring two-person crews for freight trains, saying federal law preempts the state action, the Associated Press reports.
The suit, filed in U.S. District Court on June 29, argues that the state’s crew-size law “cannot be squared” with several federal laws “or with Congress’ extensive control over railroad operations.” It seeks an injunction blocking Ohio from enforcing the regulation, saying railroads would otherwise face the “untenable choice of defying the Crew Size Law and subjecting themselves to civil penalties or complying with the Law and giving up their right under federal law to operate safely and efficiently, unencumbered by minimum-crew-size requirements.”
The AAR’s filing with the court also argues “one-person crews have been used safely for decades,” and cites studies it says found one-person crews are as safe as those with multiple people. It also notes that the Federal Railroad Administration has declined to regulate crew size, considering an issue for labor negotiations.
The crew-size requirement was part of the state’s $13.5 billion transportation bill passed by the legislature and signed by Gov. Mike DeWine in March [see “Ohio governor signs bill with rail safety rules …,” Trains News Wire, March 31, 2023]. At the time of the bill’s pass, industry representatives argued both that such regulation was a matter for the federal government and that the crew-size requirement would impose an undue burden on the state’s shortline railroads.
Ohio’s law is one of several such regulations passed or still under consideration in state legislatures in reaction to the Feb. 3 derailment and toxic chemical release in East Palestine Ohio.
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