WASHINGTON — A bipartisan group of U.S. senators led by Maria Cantwell (D-Wash.) and Jon Husted (R-Ohio) introduced a new version of the Railway Safety Act today (Feb. 24). The new legislation includes a mandate for wayside defect detectors, an expanded list of hazardous materials subject to higher safety standards, and a two-person crew requirement.
The Railway Safety Act of 2026 is the third version of the bill introduced following the Norfolk Southern derailment and hazardous material release in East Palestine, Ohio, in 2023. The prior versions failed to reach a vote on the Senate floor.
“It has been over three years since the Norfolk Southern derailment disaster in East Palestine, Ohio, and it is past time for Congress to act,” Cantwell said in a press release. “Our bill requires railroads to deploy technology that could have prevented the East Palestine derailment, holds large railroad companies accountable through stiffer fines, and ensures that trains carrying hazardous materials are held to a higher safety standard.”
Said Husted, “Three years ago, many Ohioans understandably lost faith in the safety and reliability of our nation’s railways after the accident in East Palestine, Ohio. Since then, we have learned valuable lessons about the necessity of extensive consultation with the rail industry, emergency responders, and local communities. By using a balanced, data-driven approach to advancing rail safety, my bill would protect Ohio’s communities while supporting the freight rail industry across the country.”
The bill’s sponsors also include Amy Klobuchar (D-Minn.), Eric Schmitt (R-Mo.), Tammy Baldwin (D-Wis.), Roger Marshall (R-Kan.), John Fetterman (D-Pa.), and Bernie Moreno (R-Ohio).
Other aspects include requirements to notify states about hazardous materials being transported by rail; a requirement ensuring railcars are properly maintained; and increased penalties — up to $10 million — for rail safety law violations. It would also expand the Hazardous Materials Emergency Preparedness grant program and allow the Department of Transportation to reimburse first responders for overtime, equipment costs, and health care assessments after responding to major derailments.
It also calls for moving up the timeline to ban the use of DOT-111 tank cars in flammable material service from 2029 to 2027; sets a maximum speed of 40 mph for high-hazard trains; and calls for assessment and, if necessary, regulations to address concerns over train length.
The full text of the bill is available here.
Major rail labor organizations were quick to offer their endorsements.
“The Railway Safety Act of 2026 puts real, enforceable standards in place — on two-person crews, on inspections, on hazardous materials handling, on defect detectors, on long train safety, and on emergency preparedness,” Jeremy Ferguson, president of the International Association of Sheet Metal, Air, Rail, and Transportation Workers-Transportation Division, said in a press release. “It is bipartisan because safety is not a political issue. It is a moral obligation.”
Greg Regan, president of the Transportation Trades Department, AFL-CIO, said, “It’s unacceptable that communities across the country have endured more than 3,100 derailments since the 2023 toxic Norfolk Southern train derailment in East Palestine, Ohio. Rail workers and communities living near railroad tracks deserve the peace of mind that Congress will take action on common-sense reforms and move us towards a safer rail network.”
Mark Wallace, national president of the Brotherhood of Locomotive Engineers and Trainmen, said in a statement, “Two-person train crews, stronger and more frequent inspections, tougher penalties, and improved hazardous materials notification are essential to protecting railroad workers and the public. These reforms will only happen if Congress passes the Railway Safety Act of 2026.”
The Association of American Railroads voiced some reservations about the legislation. Ted Greener, the organization’s senior vice president, communication, said in a statement that freight railroads “continue to advance safety through sustained investment in the core network, deployment of proven and emerging technologies, and rigorous operating standards. Because of this, railroads are in the midst of their safest era ever and remain the safest way to move goods over land.
“As Congress considers any rail safety legislation, policymakers should reject backwards-looking, one-size-fits-all mandates that undermine competition and raise prices for consumers, and instead ensure each provision is objectively grounded in data to reduce risk. The priority should be policies that encourage innovation and measurable safety outcomes without disrupting the supply chain or diverting resources from proven, safety-critical investments.”
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