North Dakota PSC seeks amendment for rail safety inspection record protection

The North Dakota Public Service Commission (PSC) discussed critical updates to its railroad safety program during a recent Senate State and Local Government meeting. The program is essential for maintaining the safety of the state's railroad infrastructure, which plays a vital role in both the local and national economy.

Key points of discussion included the role of state rail safety inspectors, who are responsible for inspecting railroad tracks, switches, cars, and hazardous materials shipments. When inspectors identify noncompliance issues, they document these deficiencies and communicate them to the relevant railroad or party for correction. Although inspectors are not first responders, they play a crucial role in investigating incidents and derailments once the scene is deemed safe.

The PSC highlighted the importance of collaboration with federal counterparts from the U.S. Department of Transportation's Federal Railroad Administration. However, there are instances where state inspectors may be the first to arrive at an incident site, gathering vital evidence for investigations. The National Transportation Safety Board (NTSB) may also send teams to lead investigations, utilizing a party system that allows multiple entities to share information while protecting investigation details until officially released.

A significant concern raised during the meeting was the PSC's limited participation in past NTSB investigations due to challenges in protecting sensitive inspection records. House Bill 1110 aims to address this issue by providing exemptions for NTSB investigations, although it does not fully safeguard the PSC's routine inspection documents. These records contain critical information about defects and vulnerabilities in the rail system, including specific locations of identified issues.

The PSC expressed its commitment to transparency and cooperation, stating it is willing to share final accident reports and data during annual safety meetings. However, they emphasized the need to protect inspection records to ensure compliance with federal guidelines and maintain the integrity of the investigative process.

In conclusion, the PSC is advocating for amendments to House Bill 1110 to ensure that inspection records related to rail safety are adequately protected while still allowing for necessary oversight and transparency in the investigation process. This initiative is seen as a critical step in enhancing the safety and reliability of North Dakota's rail infrastructure.