Federal inspectors find 199 violations by CSX

[Kevin Wilson-Smith]

SYRACUSE, N.Y. -- A focused inspection of CSX operations in 23 states uncovered 199 serious cases of noncompliance with federal regulations, including 13 possible violations in New York, the Federal Railroad Administration reported Tuesday.

FRA officials conducted 583 inspections over a four-day period in January and found a total of 3,518 defects or evidence of noncompliance with federal rail safety or hazardous materials regulations in the 23 states where CSX operates.

The inspection results "demonstrate that despite general improvement by CSX, the railroad is still not doing enough to make safety a top priority," said FRA Administrator Joseph Boardman.

"Indeed, our FRA inspectors identified problems in every area of the company's safety performance, including track, hazardous materials and on-track equipment," Boardman said.

A defect, per se, does not indicate an imminent hazard, said FRA spokesman Steve Kulm, However, FRA inspectors recommended that civil penalties be assessed against CSX for 199 violations.

However, those numbers are preliminary and presently being reviewed by FRA regional offices and headquarter staff for technical and legal issues before they are formally presented to CSX, Kulm said. Historically, about 95 percent of recommended violations result in civil penalties against the offender, he said.

In New York, 60 inspections revealed 376 defects, including 13 violations.

Systemwide violations cited include failure to replace defective rails and joint bars, rail cars standing on mainline tracks with no hand brake applied, failure to properly maintain records on signal testing, mechanical crews working on equipment without safety signals and tanks cars of hazardous materials found with loose closures, the report said.

Jacksonville, Fla.-based CSX operates a 22,000-mile rail network, covering 23 states, the District of Columbia, and two Canadian provinces. The company holds primary responsibility for making sure its tracks are safe.

The FRA inspections were ordered by Boardman following a CSX derailment in East Rochester on Jan. 16 that capped a seven-week stretch in which CSX had eight freight train derailments in four states.

"This scathing report confirms our worst fears about CSX's safety record in upstate New York and across the country," said U.S. Sen. Charles Schumer, who is pushing for tougher penalties for fatal rail accidents and negligent railroad companies.

"It's not a coincidence or just bad luck that there has been a rash of accidents and near misses. CSX is simply not putting the energy, effort, and resources in to safety," Schumer said.

The focused inspection was not related to a special track inspection effort started last week in Albany following the derailment of an 80-car freight train near Oneida on March 5. At least five tanker cars _ two carrying liquid propane, two loaded with liquid petroleum and one containing the solvent toluene _ caught fire or exploded in the wreck, forcing the evacuation of thousands of residents.

Kulm said that inspection _ being done with a special computer-equipped car _ is nearly complete in New York. He said those would be made public as soon as possible.

CSX officials declined comment on the report because they hadn't seen it. However, the company said it would operate rail test cars that use ultrasound technology to search for internal defects in rails on all main lines in New York state. That additional testing is expected to take 30-45 days to complete.

Also planned are: weekend visual inspections of track between Erie, Pa. and Selkirk, N.Y., in addition to the normal twice-weekly inspections conducted now; and the running of track geometry cars on all main lines between Erie and Bergen, N.J., via Selkirk, at least three times a year.