FACT SHEET ON RAIL SAFETY
Under the Biden-Harris Administration, the U.S. Department of Transportation (USDOT) and Federal Railroad Administration (FRA) have taken unprecedented actions to improve rail safety, announcing hundreds of projects to modernize and upgrade rail infrastructure nationwide thanks to funding in the President Biden’s Bipartisan Infrastructure Law and using the full range of USDOT and FRA’s authority to deliver the 21st-century rail network Americans deserve. This includes finalizing new safety regulations, conducting focused safety audits, proactively calling attention to emerging safety concerns, expanding a vital safety program to include workers at Class I freight railroads, pushing freight railroads to provide guaranteed paid sick leave to all of their workers, and more.
For nearly two centuries, railroads have been an indispensable part of America’s economy, society, and way of life. They are a vital component of our supply chains and get goods and people where they need to go. But no transportation system can succeed, long-term, if it is not safe – safe for the workers who operate it and for the communities that rely on it. That means ensuring each and every day that the freight rail industry lives up to its obligations to keep communities and workers safe. It means funding infrastructure projects to improve both the safety and the efficiency of our nation’s rail network. And it means working with Congress to advance regulation in areas that need it.
In the early 2010s, the country experienced a number of high-profile freight rail incidents across the U.S. and Canada, including one that left nearly 50 people dead. Those events led to the passage of significant new rail safety rules — over strong opposition from industry. Since those changes, we have seen real improvement: derailments decreased by 15% on main line tracks, and lives were certainly saved. A decade later, this progress has plateaued, with Class I freight railroad safety performance data showing that rates of derailments and preventable incidents continue to impact communities and workers in unacceptable ways.
Under the Biden-Harris Administration, USDOT has been using the full range of its authority, as well as funding available from the Bipartisan Infrastructure Law, to improve rail safety. Still, achieving the highest level of rail safety requires active and continued partnership from Congress. And rail companies must also take urgent, dedicated action that includes not just complying with current standards but decisively putting the long-term safety of workers and communities ahead of short-term opportunities to supercharge profits.
Historic Bipartisan Infrastructure Law Investments
In total, the Bipartisan Infrastructure includes $66 billion in total funding for America’s rail network and, under the Biden-Harris Administration, more than 445 rail projects nationwide have been announced, including those that will modernize and expand America’s rail networks across the country, deliver the first high-speed rail systems in our Nation’s history, replace aging infrastructure on America’s busiest passenger rail corridor, make freight rail safer, eliminate or improve 1,400 highway-rail crossings in local communities, and advance new potential rail corridors in every region of the country.
- In January 2025, through the Railroad Crossing Elimination (RCE) Program, newly created under the Bipartisan Infrastructure Law, FRA announced more than $1.1 billion for 123 projects to build railroad overpasses and underpasses, fund safety upgrades that will save lives, and make improvements that will result in safer communities for pedestrians and motorists as well as rail workers and riders. This brings total RCE funding announced under the Biden-Harris Administration to more than $1.7 billion—an investment impacting more than 1,400 highway-rail crossings nationwide, making our roads and railways safer, and helping countless Americans save time on their commutes.
- In January 2025, through the Restoration and Enhancement Grant Program, FRA announced more than $146 million for six passenger rail routes around the country, helping to position newly initiated, restored, and enhanced passenger rail routes for long-term success in states like North Carolina, Connecticut, Florida, and California as well as routes connecting the Gulf Coast region and the Midwest.
- In November 2024, through the Federal-State Partnership for Intercity Passenger Rail Program (Fed State-NEC), FRA announced nearly $1.5 billion for 19 projects along the Northeast Corridor, the nation’s busiest passenger rail corridor. This brings total Fed-State NEC investments announced under the Biden-Harris Administration to approximately $18 billion, building on grants announced in 2023 for 25 projects of national significance along the Northeast Corridor, including replacing or upgrading 12 major bridges and tunnels over 100 years old.
- In October 2024, through the Consolidated Rail Infrastructure and Safety Improvements (CRISI) program, FRA announced $2.4 billion for 122 projects to make passenger and freight rail safer, more efficient, and more reliable. This brings total CRISI funding announced under the Biden-Harris Administration to $3.8 billion for nearly 200 projects across the country—the largest investment in the program’s history.
- In December 2023, FRA announced $8.2 billion for 10 passenger rail projects across the country, including the first high-speed rail projects in our Nation’s history, through the Federal-State Partnership for Intercity Passenger Rail Program (Fed State-National).
- In September 2024, FRA announced the availability of more than $1 billion in additional Fed State-National funding to further expand and modernize passenger rail nationwide.
- In December 2023, FRA also announced the selection of 69 proposed passenger rail corridors in 44 states through the Corridor Identification and Development Program. See a map that shows corridors in every region of the country identified for future federal investment here.
New Safety Regulations
- Final Rule on Train Crew Size Safety Requirements: FRA issued a long-awaited rule that ensures trains are safely staffed by establishing minimum safety requirements for the size of train crews, codifying crew staffing rules at a federal level, and ensuring that freight and passenger rail operations are governed by consistent safety rules in all states. The new rule will enhance safety in the rail industry by generally requiring and emphasizing the importance and necessity of a second crewmember on all trains.
- Final Rule on Certification of Signal and Dispatcher Employees: FRA issued final rules that require railroads to develop written programs for certifying dispatcher and signal employees. By requiring certification, FRA ensures that railroads properly prepare, train, and equip dispatchers and signal employees now and in the future.
- Final Rule Requiring Emergency Escape Breathing Apparatus: FRA issued a final rule requiring railroads to provide emergency escape breathing apparatus to train crews and other employees when transporting certain hazardous materials.
- Final Rule to Strengthen Freight Car Safety Standards: FRA issued a final rule introducing tougher standards for newly-built freight cars placed into service within the U.S. The new rule helps ensure America’s rail network is protected from risks of exploitation or compromise by restricting sensitive components from countries of concern or state-owned enterprises and raising safety, security, and manufacturing standards.
- Final Rule on Fatigue Risk Management Programs: FRA finalized a regulation requiring railroads to develop fatigue risk management programs. In developing these programs that systematically identify, evaluate, measure, and mitigate fatigue-related hazards on a railroad’s system, FRA requires railroads to consult with their workers on fatigue risks and ways to eliminate those risks.
- Final Rule Requiring Locomotive Image Recording Devices: FRA issued a final rule requiring the installation of inward/outward video recorders on passenger train lead locomotives. These devices maintain a higher level of safety and play a vital role in post-accident investigations.
- Final Rule to Enhance Stakeholder Participation in Accident and Incident Investigations: FRA issued a Direct Final Rule to amend49 CFR Part 225 by codifying FRA’s Policy for Gathering Information and Consulting with Stakeholders. The final rule would have included prompt notification to relevant stakeholders when an investigation is initiated, allowing them to prepare for participation, and allowed participating stakeholders access to relevant investigative data, ensuring transparency throughout the process. AAR and ASLRRA filed comments in opposition to the direct final rule, which will require a lengthier rulemaking process.
- Proposed Rule on Track Geometry Measurement Systems: FRA issued a Notice of Proposed Rulemaking requiring railroads to supplement visual track inspections with track geometry measurement systems (TGMS) inspections. Workers performing visual inspections remain essential. By requiring the use of both TGMS and visual inspections, FRA proposes to enhance track safety while promoting innovation through the use of technology.
- Proposed Rule to Demonstrate Highest Safety Standards for Waivers: FRA issued a Notice of Proposed Rulemaking to help ensure that requests for waivers and other regulatory relief meet FRA’s safety standards and align with policy priorities to advance the development of a safe, efficient, and resilient American rail network. The rule defines certain terms and requires railroads to consult and coordinate with stakeholders – workers and communities - before petitioning FRA.
- Proposed Rule on Positive Train Control: FRA issued a Notice of Proposed Rulemaking to standardized regulations concerning railroad operations when PTC systems are not enabled. The proposal establishes strict parameters and operating restrictions and notifications to protect public and worker safety when outages occur and helps ensure railroads consistently provide FRA with the information necessary to assess the scope and circumstances of temporary outages in a timely manner.
- Calling for the rail industry and Congress to step up. The Biden-Harris Administration pressed for the passage of the bipartisan Railway Safety Act, which would phase in newer, safer tank cars, increase fines against railroads for safety violations, require defect detectors, expand the list of hazardous materials that qualify for strict safety precautions, and more.
Supporting Rail Workers and First Responders
- Sick leave: Since the Biden-Harris Administration joined rail labor’s efforts to press the railroads to provide paid sick leave for all railroad workers, approximately 90 percent of Class I freight railroad workers now have paid sick leave, a significant improvement from about 5% who had coverage at the end of 2022. Paid sick leave provides workers peace of mind knowing that they can take off sick to rest or help a family member recover from illness without being penalized and provides the public peace of mind knowing that healthy, focused railroad workers are on the job.
- Rail Worker Confidential Close Call Reporting System: Thanks to the leadership of Secretary Buttigieg, all Class I freight railroads agreed to participate in the Confidential Close Call Reporting System (C3RS) with rail workers to help identify and better prevent safety issues. While FRA is still pressing the issue to cover all Class I craft workers and expecting all the Class Is to make good on their commitment, FRA applauds the following successes:
- In February 2024, about 1,000 of the BLET and SMART-TD operating crew members working at Norfolk Southern began reporting close calls under a C3RS pilot program.
- In April 2024, FRA joined ATDA in marking the first time Class I dispatch employees could report close calls by entering a C3RS pilot program with BNSF Railway.
- In August 2024, ATDA entered another C3RS pilot with Norfolk Southern, growing the number of Class I dispatchers who may now confidentially report close calls to this vital safety program.
- FRA remains in discussion with Union Pacific for a potential C3RS program with their dispatch workforce.
- Funding Hazmat First Responders: Since 2021, USDOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has provided more than $133 million to support firefighters and local safety planning and response efforts for hazardous materials and pipeline related emergencies. These grants help train first responders, strengthen safety programs, improve general safety, reduce environmental impacts, and educate the public on local safety initiatives. In recent years thousands of responders nationwide have received training thanks to this program, including 2,500+ responders in 137 different locations in Ohio. The most recent funding release can be found here.
- Real-Time First Responder Notification: On June 24, 2024, PHMSA adopted a rule to require railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train to be accessible to authorized emergency response personnel. Railroads are also required to proactively “push” that information to Public Safety Answering Points, such as 9-1-1 call centers, as soon as the railroad is aware of an accident involving any hazardous materials.
- Opening an expanded HAZMAT training facility: In 2024, PHMSA expanded its National Training and Qualifications Branch (NTQB) facility. This expansion will allow PHMSA to train more first responders than ever before, increasing throughput by 150%. Since 2013, this national training facility has trained thousands of pipelines and hazardous materials transport investigators, inspectors, and staff.
- Advisory for Emergency Response Plans: PHMSA urged all railroad operators to create and maintain emergency response plans for the transport of hazardous materials, strengthen the accessibility of the AskRail system that provides real-time information on shipments to first responders, and inform PHMSA when they identify responders who are not able to access PHMSA’s grant-funded training. The full advisory can be found here.
- Advisory for 9-1-1 call centers: PHMSA encouraged 9-1-1 call centers to use technologies such as the AskRail application that provide critical information to first responders regarding rail incidents. The advisory is available here.
- Advisory on Tank Car Covers: PHMSA acted on initial findings from the NTSB investigation into the Norfolk Southern derailment in East Palestine and issued a Safety Advisory for tank car covers.
- Advisory on Tank Car Type: PHMSA released a Safety Advisory pressing rail tank car owners and hazmat shippers of flammable liquids to remove their DOT-111 and CPC-1232 tank cars and replace them with DOT-117 tank cars. The incident in East Palestine, OH, demonstrated that DOT-111 and CPC-1232 tank cars do not perform at the highest level of survivability during derailments and fires, unlike the DOT-117 tank cars.
- High Hazard Train Regulations: PHMSA has announced the initiation of a rule to increase regulations on High-Hazard trains. In this rulemaking, PHMSA will amend the Hazardous Materials Regulations to implement regulatory requirements and operational controls on a larger set of newly designated High-Hazard Trains, thus ensuring more stringent standards for more classes of hazardous materials than railroads currently follow.
Utilizing Safety Oversight Authorities
- FY23 Annual Enforcement Report: FRA issued its yearly report in February outlining civil penalties against railroads for safety violations, assessing one of the highest amounts ever in the agency's records for Class I freight railroads. The report includes a summary of safety and hazmat compliance inspections and audits as well as recommended enforcement actions.
- 2024 Civil Penalties Update: FRA updated all of its rail safety civil penalties schedules and guidelines to reflect new inflation-adjusted statutory minimum and maximum civil penalties, updating the guidelines on a line-by-line basis. This update includes adding specific penalties for statutory hours of service provisions, which were not previously in the guidelines.
- Safety Assessments of Norfolk Southern, BNSF Railway, and CSX Transportation: FRA completed safety assessments of the safety culture and safety practices of Norfolk Southern, BNSF Railway, and CSX Transportation. FRA is conducting comprehensive assessments of the safety culture, practices, and regulatory compliance of each Class I railroad and reporting these findings publicly. FRA will publicly publish reports on Union Pacific and CSX safety culture assessments in January 2025, with reports on CN and CPKC to follow. FRA also is assessing issues, trends, and commonalities across the multiple railroads reviewed.
- Focused Inspection Programs: FRA initiated multiple inspection programs in 2023 and completed a focused review of tank cars transporting hazardous materials. FRA also completed the field work for its high hazard flammable train (HHFT) route assessment, a focused inspection and investigation program encompassing approximately 7,500 inspections to assess the condition of track and signal and train control infrastructure, equipment, and operating practices along HHFT routes and routes where large quantities of hazardous materials travel. In total, this program inspected over 40,000 freight cars, 76,888 miles of track (87% were on routes over which hazardous materials are transported), and thousands of wayside detectors on over 25 different railroads. FRA is taking action based on these findings, and the inspections completed are prompting railroads to take corrective actions to increase safety. The results are available here.
- Actions on Long Trains: FRA issued a Safety Advisory to increase awareness of the potential complexities associated with operating longer trains and urged railroads to address them to ensure safety. The advisory also highlights several safety risks relating to blocked crossings, notably the impacts blocked rail crossings can have on first responders as they work to address emergencies and reach people in need. For the first time, FRA-led efforts are also underway to gather more information on long trains operated by freight railroads and improve incident data collection on train length.
- Advisory on Train Makeup: FRA issued a Safety Advisory calling on freight railroads to prioritize proper train makeup and provided recommendations to improve train safety and reduce the risk of future accidents. The advisory makes clear that railroads need to take proactive measures to ensure the configuration of railcars, and the loading of cargo is performed safely, and railroad workers are supported and trained. The configuration of railcars and how cargo gets loaded can be critical to the risk of derailment.
- Advisories on Roadway Maintenance Machines: FRA issued Safety Advisories to emphasize the importance of rules and procedures regarding the safety of roadway workers who operate or work near roadway maintenance machines. The advisories recommend railroads review and update rules regarding the safety of roadway workers who operate or work near these machines and ensure proper safety precautions are used.
- Bulletins on Car Switching Hazards: FRA issued several Safety Bulletins to increase awareness of the hazards relating to switching cars. FRA is investigating related recent switching accidents that resulted in serious injury or fatality.
- Bulletin on Hand-Operated Main Track Switches: FRA issued a Safety Bulletin to emphasize the importance of ensuring safe operations of hand-operated main track switches. FRA is investigating an April 16 train collision and derailment involving a misaligned switch that resulted in serious injuries to crew members.
- Advisories for Hot Bearing Wayside Detectors: FRA urged railroads using hot bearing wayside detectors (HBDs) to evaluate their inspection process, prioritize the proper training and qualification of personnel working with HBDs, improve the safety culture of their organizations related to HBDs decision-making, evaluate their processes for monitoring and measuring bearing health, and follow processes for analyzing and responding to HBD data. The original advisory can be found here and supplemental advisories here and here. FRA’s Railroad Safety Advisory Committee (RSAC) continues reviewing issues related to wayside detectors as part of the committee's work to finalize recommendations or proposals to help advance safety.
- Advisory for Tank Car Covers: PHMSA acted on initial findings from the NTSB investigation into the Norfolk Southern derailment in East Palestine and issued a Safety Advisory for tank car covers.
- Advisory on Tank Car Type: PHMSA released a Safety Advisory pressing rail tank car owners and hazmat shippers of flammable liquids to remove their DOT-111 and CPC-1232 tank cars and replace them with DOT-117 tank cars. The incident in East Palestine, Ohio, demonstrated that DOT-111 and CPC-1232 tank cars do not perform at the highest level of survivability during derailments and fires, unlike the DOT-117 tank cars.
- Advisory on Preventing Weather-Related Accidents and Incidents: FRA issued a Safety Advisory to increase awareness of the 123 rail accidents and incidents since the beginning of 2021 that have been reported to FRA as having been caused by severe weather conditions or weather-related events (e.g., hurricanes, tornadoes, wildfires, flooding, mudslides, and summer heat). The Advisory makes clear railroads need to proactively plan and examine their procedures to ensure safety as severe weather becomes more frequent.
- From February 2023 to January 2025, FRA issued 10 Safety Advisories (SA 2023-01 (two supplements) – SA 2023-07; SA 2024-01) and 14 Safety Bulletins (SB 2023-01 – SB 2023-07; SB 2024-01 – SB 2024-07), available at the e-Library on FRA’s public website, each describing precipitating event(s) to raise industry awareness and recommend actions to protect safety.