Railway Safety Act of 2026: Back in Senate with mandates

The Railway Safety Act of 2026 is back in the Senate, with a bipartisan group of U.S. lawmakers introducing an updated rail safety package on Feb. 24, as reported by Trains.com.

Led by Maria Cantwell (D-Wash.) and Jon Husted (R-Ohio), the bill includes a wayside defect detectors mandate, a two-person crew requirement, and broader hazardous materials rail safety standards.

Meanwhile, the proposal is the third version introduced after the 2023 Norfolk Southern derailment and hazardous materials release in East Palestine, Ohio. Earlier versions did not reach a vote on the Senate floor.

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“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.”

What the Railway Safety Act of 2026 would require?

Along with the detector and crew provisions, the bill would expand the list of hazardous materials subject to higher safety standards. It also includes requirements to notify states about hazardous materials shipments moved by rail, plus language intended to ensure railcars are properly maintained.

In addition, penalties for rail safety law violations would increase as well, with fines rising to as much as $10 million. The bill would also expand the Hazardous Materials Emergency Preparedness grant program and allow the Department of Transportation to reimburse first responders after major derailments for overtime, equipment costs, and health care assessments, as outlined by the Senate Commerce Committee.

Separately, other sections would accelerate the DOT-111 tank cars ban timeline (2027), moving the phaseout in flammable material service up from 2029 to 2027. The legislation also sets a maximum speed of 40 mph for high-hazard trains and calls for assessment and, if necessary, regulations aimed at concerns over train length.

Bill sponsors and Senate supporters

The list of sponsors in the text includes 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). The full text of the bill is available here.

Also, major rail labor organizations quickly endorsed the latest Railway Safety Act of 2026 framework, pointing to provisions on inspections, hazardous materials handling, and long train safety.

“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.”

Rail labor endorsements and AAR reservations

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.”

Still, the Association of American Railroads voiced reservations about the legislation. In a statement, Ted Greener, the organization’s senior vice president, communication, said 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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