Three years after the East Palestine derailment, rail safety reform remains stalled while derailments continue across the country.

On today’s episode of the America’s Work Force Union Podcast, Ed "Flash" Ferenc spoke with Tony Cardwell, president of the Brotherhood of Maintenance of Way Employes Division (BMWED) of the International Brotherhood of Teamsters.

They discussed why legislation keeps getting watered down, why railroad track inspection requirements are under constant pressure, and why a proposed Norfolk Southern-Union Pacific combination could give carriers even more leverage.

• Derailments remain routine: Cardwell notes the U.S. still sees about 1,000 train derailments per year—roughly three a day—even after East Palestine.
• Lobbying is the choke point: The Association of American Railroads (AAR) is identified as the primary force preventing effective enforcement of rail safety bills, according to Cardwell.
• Inspections are a frontline issue: BMWED fought a waiver that aimed to cut track inspections by up to 75 percent, countering with 800+ documents of defect and safety data.

East Palestine Anniversary Puts Rail Safety Back on the Clock

Feb. 3 marks the third anniversary of the Norfolk Southern derailment in East Palestine, Ohio—a toxic incident that burned for days and forced the country to confront how hazardous materials move through communities.

On America's Work Force Union Podcast, Cardwell explained that while the investigations sparked conversations, they led to little legislative action. He argued that the core behaviors contributing to the East Palestine disaster remain embedded across major carriers.

Cardwell referenced different findings of negligence by the carrier in several reports from the incident.

For residents, the consequences are not abstract. But for Cardwell, the deeper concern is that the industry has not been forced to change course.

The Reality: Derailments Still Run About 1,000 a Year

Cardwell put a number on the problem that rarely makes it into public debate.

Cardwell told Ferenc that there are approximately three derailments a day. Most do not look like East Palestine, nor do they dominate national news cycles. However, Cardwell argues that frequency itself is a warning sign. A system that accepts derailments as routine will eventually produce another high-consequence event.

He emphasized that the public often sees the aftermath without recognizing the upstream decisions that made the incident likely: fewer workers, fewer inspections, longer trains and a regulatory environment that allows carriers to dilute reforms.

AAR Lobbying: Why Rail Safety Bills Lose Their Teeth

When Ferenc asked why safety legislation hasn't produced meaningful change, Cardwell pointed to the Association of American Railroads (AAR).

Cardwell described the AAR as a powerful lobbying operation that works on bills until they are stripped of enforcement mechanisms and penalties. He noted that the BMWED has declined to endorse certain proposals specifically because they were too weak to change carrier behavior.

The investigations produced conclusions, but the challenge remains turning findings into enforceable rules rather than allowing the industry to turn reform into mere messaging.

Track Inspectors vs. "AI": The Fight Over Inspection Cuts

A key segment of the conversation focused on track inspections and a waiver request Cardwell said would have sharply reduced required inspections.

Cardwell claimed carriers promoted automated track inspection technology as “new” and labeled it AI to sound modern. The heart of the dispute was not innovation—it was the push to inspect less.

According to Cardwell, the carriers wanted to reduce the required track inspections by 75 percent. He added that this is a direct threat to public safety and to the workers trained to identify defects that machines miss.

BMWED filed a major response with the Federal Railroad Administration (FRA), offering over 800 documents in support. Cardwell noted that the waiver ultimately issued was significantly reduced and added stringent requirements, making it potentially too burdensome for carriers to use—a victory for labor and safety.

Norfolk Southern-Union Pacific: The Risks of Consolidation

Ferenc also asked about the proposed Norfolk Southern-Union Pacific combination. Cardwell confirmed BMWED opposes it, framing it as an acquisition that would create a coast-to-coast railroad with enormous leverage over essential freight, including chlorine, steel, oil and agricultural commodities.

He warned that this move could harm the rail industry's future, noting that when rail service fails, consequences ripple through water treatment, manufacturing and farming.

He also expressed concern that combining two carriers he views as aggressive opponents of safety regulation would not produce a safety-minded company. Cardwell noted that the Surface Transportation Board (STB) sent back the filing as incomplete, but he expects the carriers to refile.

A Public Safety Coalition Before the Next Derailment

Ferenc raised the idea of communities joining forces to demand safety reforms. Cardwell supports this approach to break through political noise.

He argued that the industry can afford meaningful improvements, saying that if carriers spent 2 percent more of their budget on safety, the industry would do really well.

The question Cardwell had three years after the East Palestine derailment was whether the country would demand that investment before the next derailment forced the issue.