Closer to the Ohio border with Pennsylvania than Indiana, but within a six-hour drive to Indianapolis via I-70W, a train crash on February 3, 2023, exposed both railroaders and those in the East Palestine community to almost two dozen railcars’ hazardous material (“hazmat”) cargo.
Toxic Chemicals in the Ohio Train Derailment
The Environmental Protection Agency (“EPA”) confirms that several dangerous chemicals were involved in the train crash. In the EPA’s recent correspondence with Norfolk Southern Railway Company, the agency ensures testing of the rail cars as well as the crash site and the surrounding community’s air and water “…included but not limited to the following materials:
- Vinyl chloride
- Ethylene glycol monobutyl ether
- Ethylhexyl acrylate
- Isobutylene
- Butyl acrylate.”
How dangerous was the Ohio train derailment? This week, there is a growing number of news reports that people in the East Palestine community are beginning to suffer symptoms of harmful chemical exposure to the toxins. Also concerning are reports of animals and wildlife dying in the local area. Read, “EPA Says Ohio Toxic Train Derailment Air Quality is Safe, Expert Urges Caution,” written by Hannah Docter-Loeb and published in Vice on February 14, 2023.
Part of the exposure may arise from the hazmat railcars’ derailment. Additional risks of harm may arise from the “controlled releases” where rail crews torched the chemicals at the crash site to prevent explosions of the 20 derailed cars that carried toxic chemical cargo. Read, “The Toxic Chemicals Released in the Ohio Train Derailment Are Horrifying,” written by Tim Newcomb and published by Popular Mechanics on February 13, 2023.
It is horrible to think what harm any of these chemicals might cause. For vinyl chloride, as an example, the CWA warns its union members that:
CWA members are most often exposed to vinyl chloride as a result of the inhalation of or breathing the chemical’s vapors. Once inside the body, vinyl chloride depresses the central nervous system causing symptoms that resemble alcohol intoxication. Acute exposures may result in lightheadedness, nausea, and a dulling of the visual and auditory (hearing) responses. Further, severe vinyl chloride exposure may cause death.
Hazmat Dangers to Workers
It is undisputed that toxic chemicals have been released into the soil, water, and air of the Ohio region where the crash happened. How serious and severe the risk of bodily injury or death to those who live or work in the East Palestine area or to the railroad employees has yet to be determined.
However, for those who work near any toxic chemical or hazardous material transport, the Ohio Train Derailment serves as a warning. Toxic chemicals are moved throughout our country, not only on trains but also in commercial tanker trucks as well as by air, boat, and even delivery services like Federal Express and United Parcel Service.
Anyone employed in a job where hazardous materials may be packaged, shipped, or transported must understand the extreme risks that come with this work as well as the extensive safety duties placed by law upon their employers.
We have warned of the dangers of hazardous materials moving by rail through Indiana and Illinois before; read Dangerous Cargo on Freight Trains Moving Through Indiana and Illinois: Risk of Fatal Train Accidents and Oil Trains in Indiana and Illinois: How Big is the Danger to Railroad Workers?
What are Hazardous Materials?
The General Services Administration defines “hazardous material” or “hazmat” as it involves both industry and the federal government:
Any item or chemical which is a “health hazard” or “physical hazard”, including the following:
- Chemicals that are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, hepatotoxins, nephrotoxins, neurotoxins, agents that act on the hematopoietic system, and agents that damage the lungs, skin, eyes, or mucous membranes;
- Chemicals that are combustible liquids, compressed gases, explosives, flammable liquids, flammable solids, organic peroxides, oxidizers, pyrophorics, unstable (reactive) or water-reactive; and
- Chemicals that, in the course of normal handling, use or storage, may produce or release dusts, gases, fumes, vapors, mists or smoke having any of the above characteristics.
Federal Requirements for Hazmat Transportation
Chapter I of Title 49 of the Code of Federal Regulations governs the transport of these dangerous goods or hazardous materials. This includes shipping or transport by railroad (Part 174); vessel (Part 176); and public highway (Part 177). Ground service packages shipped by delivery services like United Parcel Service are also governed by this series of federal safety laws.
These laws cover what can be shipped and how these dangerous materials are to be packaged and labeled. They are a part of the protection provided to anyone employed in hazmat shipping, from initial packaging and labelling, to the loading or unloading of the dangerous goods, to the handling of hazmat during transport itself (i.e., truck, train, boat, plane).
Employers must comply with exactitude to all facets of Title 49 in order to keep workers safe from harm when dealing with hazardous materials or toxic chemicals in any manner, directly or indirectly.
Hazmat Safety Training for Workers
Employers must also consider the workers themselves and educate all employees on hazardous material safety in the workplace. Training everyone at risk of injury from toxic chemicals or dangerous goods is essential – and mandated by federal law.
According to 49 CFR §172.704(a), hazmat employee training must include four things:
(1) general awareness/familiarization training;
(2) function-specific training;
(3) safety training; and
(4) security awareness training.
This can be done through different training programs established by various agencies. For example, the Occupational Safety and Health Administration (“OSHA”) and the EPA have hazmat training for workers that comply with these four overriding statutory requirements. The OSHA training can be found in 29 C.F.R. 1910.120, 1910.1200 and the EPA training in 40 C.F.R. 311.0. See, 49 CFR §172.704(b).
Employees deserve routine and thorough safety training on all aspects of their work as it involves a high-risk hazmat environment. It is the legal duty of their employers to provide it.
Dangerous Goods, Toxic Chemicals: Hazmat Accidents on the Job
This month’s Ohio train derailment is a red flag to all workers here in our part of the country for the need to have the highest levels of safety in place for anyone involved in working near dangerous goods or toxic chemicals. Here in the “Crossroads of America,” hazmat cargo is being moved each day through our communities not only by train, but by truck, ship, and plane. Hazardous materials are also being stored in our warehouses and maneuvered in ports and loading docks at higher volumes than most other states.
Accordingly, a great number of employees in Indiana and Illinois are vulnerable to suffering bodily injuries or death from exposure to hazardous materials. Employers here must respect and adhere to the safety and care standards not only mandated by law but recommended by the particular industrial standards applicable to their enterprise.
When workers suffer harm from exposure to toxic chemicals like vinyl chloride, they may have legal redress against their employer pursuant to the state workers’ compensation laws. There may also be legal claims for justice to advance against third parties who have breached their duties of care and safety regarding the hazardous materials that have caused the victim’s bodily injuries.
For more, read:
- Hazmat Trucks in Illinois and Indiana: Increased Risk during Emergency Winter Conditions
- Haz Mat Semi-Truck Accidents in Indiana and Illinois: The Dangers of Hazardous Materials Being Hauled on our Roadways
- Feds Change Hazardous Materials Regs for Trucks and Semis and Carriers on the Road
- Premises Liability and Workplace Accidents: Third Party Injury Claims
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Railroaders: Railroad Accidents on the Job in Illinois and Indiana
- Warehouse Accidents: Workers in One of the Deadliest Jobs in Indiana and Illinois
- Chemical Injuries on the Job: Continued Widespread Failure to Comply with Federal Safety Standard
- Chemical Accidents: Burns, Inhalation, or Neurological Work Injuries on the Job in Indiana or Illinois.
Workers in Indiana and Illinois who come into contact with any form of hazardous materials, dangerous goods, or toxic chemicals, must know the dangers involved in being on that job site. They should know their employer’s duty to provide the proper employee safety training as well as other duties of care and safety because hazmat is involved in the business operations. Please be careful out there!
