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NTSB criticizes decisions in the Ohio Norfolk Southern derailment, pushes reforms

Kelly Yamanouchi, The Atlanta Journal-Constitution on

Published in Business News

The chair of the National Transportation Safety Board lambasted Atlanta-based Norfolk Southern on Tuesday and accused the railroad of interfering with the agency’s investigation of the derailment of its train carrying hazardous materials in Ohio last year.

NTSB Chair Jennifer Homendy called the derailment in East Palestine and subsequent fiery hazardous materials release “devastating for an entire community.” At the hearing in the town where the train derailed the night of Feb. 3, 2023, she criticized Norfolk Southern’s actions during the wreck investigation, at one point describing a meeting that was marked by a “threat.”

“We can’t change the past. What we can do, based on facts, is work to ensure this never happens again,” she said.

Homendy said Norfolk Southern numerous times delayed or failed to provide critical investigative information to NTSB investigators, actions she described as “unconscionable.” She revealed that she twice called Norfolk Southern, stating that she would issue a subpoena to get information if it weren’t provided to the NTSB.

At the close of the hearing she said she was “so deeply troubled with how Norfolk Southern approached this investigation.”

Norfolk Southern took issue with the criticism Tuesday evening, saying in a written response: “At all times, Norfolk Southern cooperated fully and ethically with the investigation, with full transparency.”

 

“Our communications with NTSB staff and Board Members were always motivated by a desire to ensure they had all the relevant information for their independent evaluation and by a shared commitment to advance rail safety,” the railroad’s statement said.

But Homendy called Norfolk Southern’s “abuse” of NTSB’s investigative process “unprecedented and reprehensible.” She recounted a meeting with Norfolk Southern that “ended with what everyone from the NTSB knew, heard in the room, was a threat.”

“We are the gold standard when it comes to accident investigation around the world. I will not allow — will not allow — any entity to impugn that reputation or malign the reputation of our investigative staff,” Homendy said. She said there would be an internal evaluation of NTSB’s policies to ensure it is “adequately protected from undue interference with the federal investigation.”

The investigation of the East Palestine crash identified a number of safety issues, with the NTSB making dozens of safety recommendations aimed at preventing future disasters. The NTSB has no regulatory or enforcement authority, but makes recommendations to other government agencies, companies and industry to improve safety.

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