Kansas became the 10th state in the nation Wednesday to require two-person railroad crews over the objections of the freight railroads, but the industry may challenge the rule in court as it has in other states like Ohio
Kansas became the 10th state in the nation Wednesday to require two-person railroad crews despite objections from freight railroads, but the industry may challenge the rule in court as it has in other states like Ohio.
The major freight railroads have long pushed to cut crews down to one person, but unions have resisted because they believe it’s safer to have two people working together to operate trains.
Gov. Laura Kelly said two-person crews “will protect workers from the effects of fatigue, prevent train derailments and reduce risks in the many Kansas communities along our railroad tracks.” The new administrative rule took effect Wednesday.
The railroad industry maintains there isn't enough evidence to show that two-person crews are safer and many short-line railroads already operate with a single person aboard.
“Regulatory efforts to mandate crew staffing such as the latest in Kansas lack a safety justification,” said spokesperson Jessica Kahanek with the Association of American Railroads trade group.
Kahanek said she didn't want to speculate whether the industry will file a lawsuit challenging the Kansas rule the way it did in Ohio. The railroads generally argue in their lawsuits that the federal government should be the only one to regulate the industry to ensure there's a uniform set of rules.
At least a dozen states impatient with the federal government's reluctance to pass new regulations on railroads have tried to pass restrictions on the industry related to minimum crew size, train length and
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