[HN Gopher] Leaked audio reveals US rail workers were told to sk...
       ___________________________________________________________________
        
       Leaked audio reveals US rail workers were told to skip inspections
        
       Author : detaro
       Score  : 226 points
       Date   : 2023-03-03 18:06 UTC (4 hours ago)
        
 (HTM) web link (www.theguardian.com)
 (TXT) w3m dump (www.theguardian.com)
        
       | boringg wrote:
       | Someone better be going to jail and it better be high level
       | director who is calling the shots.
        
         | MonkeyMalarky wrote:
         | Only rogue engineers get punished.
        
           | [deleted]
        
       | phendrenad2 wrote:
       | The Great Filter (explanation for the Fermi Paradox) is real, and
       | we're starting to hit it. Once society hit a certain level of
       | development it had to start cutting corners to ensure continued
       | advancement, and it's working against our advancement now. Soon
       | advancement and corner-cutting-caused failures will balance out,
       | and we'll be in equilibrium, able to make no progress.
        
         | decremental wrote:
         | Thermodynamics strikes again.
        
       | falcolas wrote:
       | When a company values profits above all else, the only thing that
       | can save us from that company's gross negligence is fines strong
       | enough to eliminate those very same profits (and ideally the
       | company's budget for bribing politicians too).
        
         | pasquinelli wrote:
         | just nationalize it
        
           | gruez wrote:
           | Because the US government never did anything negligent/shady
           | right?
        
         | pessimizer wrote:
         | We're not only not going to fine them, but we're going to make
         | special laws to protect them from the threat of their employees
         | getting sick days.
        
         | bluefirebrand wrote:
         | Not even fines to the company will stop it.
         | 
         | You have to go directly after the people who are making
         | decisions for the company.
         | 
         | Executives seem to have a pretty good time tanking companies to
         | line their pockets and then leave before the company has to
         | deal with the fallout.
        
           | blue039 wrote:
           | It is interesting that we can use RICO go to after mob bosses
           | even when they have layers and layers of indirection to
           | protect them.
           | 
           | But with CEOs it seems RICO doesn't apply.
        
             | ticviking wrote:
             | CEOs generally aren't racketeering so they can't usually be
             | hit with that
        
             | ydlr wrote:
             | The reason for that is there are only a tiny number of
             | crimes that qualify as RICO predicates. We need to expand
             | RICO to include more types of criminal activity.
        
           | gumby wrote:
           | > You have to go directly after the people who are making
           | decisions for the company.
           | 
           | Usually in this case the person really making the decision
           | doesn't take the blame; that just flows downhill.
        
           | Eddy_Viscosity2 wrote:
           | Exactly, fining companies doesn't do anything. Fine and jail
           | the PEOPLE doing these crimes.
        
             | somenameforme wrote:
             | There's always plausible deniability so that if anybody
             | does take the fall it's probably going to be some mid level
             | suit that was 'just following orders.' I'd rather that
             | liability starts with the CEO and Chairman. You need to
             | make sure executives cannot simply hide behind fallguys.
             | 
             | You then create a top-down incentive for these people to
             | genuinely make sure everything is on the up and up. The
             | biggest problem is that this probably creates a strict cap
             | on how large a single corporation can grow, which sounds
             | much more like a feature than a bug.
        
               | Eddy_Viscosity2 wrote:
               | This is all well and good to say, but impossible to
               | implement within our current system. That's what's so
               | depressing about it. And by 'impossible' I grant its
               | theoretically possible, just not in practical terms. Of
               | course the other side of the coin is that even if it was
               | implemented, then prosecutors, and hence government,
               | would now have this new power over CEOs and it wouldn't
               | be long before some corrupt politician got in office and
               | used it corruptly.
        
               | eunoia wrote:
               | Sarbanes-Oxley would seem to imply that it's possible to
               | enact new laws that enforce consequences for fraud among
               | top level executives?
               | 
               | In theory at least I guess. Maybe someone else can
               | comment on how it actually works in practice.
        
               | gruez wrote:
               | >I'd rather that liability starts with the CEO and
               | Chairman. You need to make sure executives cannot simply
               | hide behind fallguys.
               | 
               | Why can't you appoint a fall guy as the "CEO", and then
               | have a COO or whatever that actually runs the day to day?
        
           | falcolas wrote:
           | I really wish I could refute this. The protections
           | incorporation provides for executives seem a bit too strong
           | in cases like these.
        
             | anonymouskimmer wrote:
             | Which protections are these? I thought that incorporation
             | didn't give any protections for maliciousness, it's just
             | that DAs rarely go after executives because any particular
             | blame is so distributed throughout the corporation that it
             | would make any case difficult to prosecute.
        
               | genocidicbunny wrote:
               | The diffusion of responsibility is one of those
               | protections. There should definitely be some strict
               | liability for certain corporate malfeasance, where it
               | doesn't too much matter who specifically did the deed,
               | the executive/C-level is responsible and takes the fall
               | (and maybe throw the BoD in there too). Then prosecution
               | comes down to 'Did your company do X? If yes, you're
               | guilty.'
        
               | a_cardboard_box wrote:
               | Not only would that be effective in disincentivizing the
               | malfeasance, it has the added benefit of limiting the
               | scale of corporations to what execs can effectively
               | manage.
        
               | ocdtrekkie wrote:
               | Exactly. If the CEO goes to prison if the company commits
               | X crime, the CEO has a strong incentive to ensure the
               | business is not doing that.
               | 
               | If the CEO's only concern is shareholder profit, crime
               | usually pays pretty well.
        
               | ticviking wrote:
               | The idea that a 10000 year jail sentence must be served
               | by every share holder disturbed in proportion to how much
               | they owe would make "shareholder value" mean "not making
               | me check into jail to serve my 2 days of the sentence for
               | my 1 share" which might change corporate behavior a bit.
               | Especially if insuring shareholders income against that
               | risk becomes a line item in the budget.
        
               | ocdtrekkie wrote:
               | I think shareholders might be too detached from
               | decisionmaking for that to make sense. It'd definitely
               | have a huge negative impact on stock values, but I'm not
               | sure it would prevent corporate malfeasance.
        
               | meheleventyone wrote:
               | If nothing else it would make jail nicer in that case.
        
               | kevin_thibedeau wrote:
               | A more realistic approach is to take away personhood
               | rights that these corporations rely on. A 10 year ban on
               | political donations and lobbying would be a good starting
               | point. Then prison for the C-levels if they violate those
               | terms which are directly under their control.
        
               | SauciestGNU wrote:
               | I think what you're describing is the difficulty in
               | "piercing the veil" of an LLC to hold individuals
               | accountable. You can search that legal principle and
               | learn more about how an LLC structure shields individuals
               | from repercussions for their actions.
        
               | MomoXenosaga wrote:
               | I remember a nice Obama quote "the buck stops with me".
               | 
               | If you get the big pay check for leadership it is your
               | responsibility when shit goes bad. Sadly about the worst
               | consequence a failed CEO has is that he/she doesn't get
               | invited to play golf for a few years.
        
           | kingTug wrote:
           | I always wonder what will come first: laws to jail negligent
           | execs for the _next_ disaster, or an ambitious legislator
           | with a magic solution to jail negligent execs for the
           | _current_ disaster.
        
             | klyrs wrote:
             | Where by "magic" you mean an ex post facto law? I'm all for
             | going after execs for their crimes, but let's try to keep
             | that particular part of the constitution in tact.
        
               | neltnerb wrote:
               | The article describes some pretty blatant negligence,
               | though I suppose suggesting that a legislator might get
               | involved implies ex-post facto lawmaking.
               | 
               | Maybe the responsibility is too diffuse. But these "no
               | one could have predicted this" kind of Therac-25
               | situations with multiple people responsible are exactly
               | where that boss -- the one getting paid the big bucks
               | (for the risk they take! for the difficult decisions they
               | have to make! for the complex structures they have to
               | oversee!) -- to actually take responsibility for the
               | decisions inherent in the incentive structure they
               | created in the workplace that they have total control
               | over.
        
             | RajT88 wrote:
             | Neither.
             | 
             | There's a web of power and influence invisible to people
             | who aren't part of the system. Politicians who could create
             | this legislation don't get reelected if they aren't
             | participants; their election war chest evaporates.
             | 
             | This is how monied interests managed to design the system
             | to work.
        
         | voytec wrote:
         | Cost of fines would be transferred to customers. What can hurt
         | is jail.
        
           | Ekaros wrote:
           | Breach the corporate veil. Throw any share holders in jail
           | for varying times.
        
           | yamtaddle wrote:
           | If a company can just pass fines on to the consumer and not
           | suffer badly for it, competition in their market is totally
           | fucked.
           | 
           | Which, sure, is probably true in many industries, but it's
           | not _supposed_ to be the case that any given business can
           | just pass extra costs to consumers. If they could, they
           | should already have been charging higher prices.
        
           | eastbound wrote:
           | HSBC leaders never went to jail for being the bank of
           | trafficking $2bn of drugs. As in, they _recognized_ the deed,
           | and signed off with the DoJ a deal with no executive would be
           | sent to prison.
           | 
           | Truth be told, CIA needed the drug sales to fund ISIS before
           | it was cool, but I digress. Anyway, if you expect
           | corporations to be held responsible in penal courts...
        
           | jakzurr wrote:
           | A most appropriate use for prisons in the US. Finally.
        
         | boringg wrote:
         | Fines?! No, executives doing jail time is the only solution.
        
         | InCityDreams wrote:
         | Should be on a case by case basis. If eliminating profits
         | causes 11 other people in the company to lose their jobs, is it
         | worth it?
        
         | deepsun wrote:
         | Not always.
         | 
         | It's not law enforcement that keeps everyone from committing
         | crimes, because you cannot put a policeman watching everyone.
         | 
         | Way more efficient way is self-policing, that's the main
         | difference of developed cultures IMO.
        
         | haliskerbas wrote:
         | That's kind of the definition of a company in our current
         | system. It's working as designed.
        
         | groot2581 wrote:
         | This only works if execs have the company's best interests at
         | heart, which they don't. They reap the benefits when things go
         | well but jump ship as the company files bankruptcy when things
         | go south.
         | 
         | You need Unions. Blue collar workers care about safety and can
         | pressure execs into doing the safe thing when the incentives
         | aren't there higher up.
        
           | Ekaros wrote:
           | Also labour protections when reasonable action is taken to
           | stop unsafe acts. If someone got fired for stopping unsafe
           | thing they should get big enough payout. Probably years worth
           | of wages.
        
             | notch898a wrote:
             | That exists.
             | 
             | https://www.osha.gov/laws-regs/mou/2012-07-16
             | 
             | Note regarding "refusing to work under certain conditions:"
             | 
             | https://www.osha.gov/workers/right-to-refuse
             | 
             | I used to work in interstate freight (barge, not train).
             | They make it crystal clear any employee has the right to
             | stop work and are protected. The rail workers could have
             | stopped working under their dangerous conditions, they just
             | negligently kept going. The big bad railroad is to blame,
             | but so are the employees.
        
               | vsareto wrote:
               | The regulation was vague, so now you have a situation
               | where two sides are interpreting things differently:
               | 
               | >She said: "The regulation at the time stated that a
               | wheel bearing was bad when it had 'visible seepage'. But
               | that was very vague, and the bosses used that vagueness
               | to their advantage. For me, it was whenever oil was
               | visible on the bearing. For my bosses, they wanted actual
               | droplets and proof it would leak on the ground.
               | 
               | That's probably why we have an audio leak story, because
               | the company may have some ground to stand on because of
               | this vagueness.
        
           | colejohnson66 wrote:
           | > You need Unions.
           | 
           | The railway has unions. They even wanted to strike at the end
           | of last year over working conditions, but Congress and Biden
           | quickly passed a law in December to prevent it.
        
           | yamtaddle wrote:
           | > You need Unions. Blue collar workers care about safety and
           | can pressure execs into doing the safe thing when the
           | incentives aren't there higher up.
           | 
           | Yep. This happens _all the time_ in other unionized
           | industries. Manager:  "Do [unsafe thing that is against
           | policy / the law, or even that is simply physically
           | impossible]". Worker: "Yeeeeah, I'll be looping my union rep
           | into this conversation". Manager: "On second thought, never
           | mind".
           | 
           | I'd guess the problem's that the railroad workers' union is
           | toothless.
           | 
           | [EDIT] Downvotes why? Disbelief? This comes second-hand from
           | friends in various unionized workplaces, it's _damn_ common.
           | Without strong unions they 'd 100% for-sure have been forced
           | to choose between doing something unsafe, and losing their
           | jobs, many times--and that's with managers already knowing
           | unions are a factor, I assume the rate of attempts to get
           | workers to do unsafe things (including setting various
           | metrics or policy such that it's _impossible_ to meet
           | expectations while maintaining proper safety) is higher at
           | non-union workplaces, or those with weak unions.
        
             | westmeal wrote:
             | Upvoted since this is indeed common
        
         | sebazzz wrote:
         | That's why companies cannot be allowed to run a nuclear power
         | plant. A place where negligence has no place.
        
           | abfan1127 wrote:
           | can you point out a human organization not susceptible to
           | negligence?
        
             | jraph wrote:
             | There's a question of motivation.
             | 
             | A public service ought to be motivated to deliver a good
             | service. It won't be motivated by taking shortcuts. A
             | private company seeks profit and cannot afford to lose
             | money, contrary to a public service which can be not
             | profitable. Offering a good service it a means to be
             | profitable but that's not the end goal, even if many people
             | actually want to do good work.
             | 
             | Of course there's a big if. IF the government throws enough
             | money at it.
             | 
             | This IF is unfortunately too often "IF only". If not, we
             | are back to shortcuts.
        
               | stickfigure wrote:
               | The service I get from AAA's DMV services is far superior
               | to the service I get from the DMV itself.
        
           | notch898a wrote:
           | They should be run by an entity devoid of negligence, like
           | the US government.
        
           | emptybits wrote:
           | https://www.nei.org/resources/statistics/us-nuclear-plant-
           | ow...
        
           | quorgs wrote:
           | Can't disagree but The Ministry of Medium Machine-Building
           | Industry of the USSR wasn't exactly driven by profit motive
           | and we still got Chernobyl.
        
             | [deleted]
        
             | nebula8804 wrote:
             | We got Chernobyl because there wasn't transparency. The
             | flaw that caused the explosion was known to the USSR but it
             | was covered up and a correction to existing reactors in
             | production was not implemented until after it became
             | impossible to ignore. The same would be happening to
             | production reactors here in the US if it weren't for the
             | strict government regulations that ensured that no western
             | reactors could be built the way Chernobyl was (no
             | containment building, graphite moderation etc.). This
             | regulation is forcing transparency in design.
        
         | ROTMetro wrote:
         | As another HN poster posted fines need to be 1-10% per incident
         | of controlling stock put into trust of the relevant enforcement
         | agency unable to be sold or diluted for 10 years. Can't get
         | your act together then eventually overship/control/adult
         | supervision goes to the government.
        
       | jschveibinz wrote:
       | From an article on the train derailment in Oregon a few years
       | back:
       | 
       | https://www.opb.org/news/series/oil-trains/how-inspectors-mi...
       | 
       | "Those unseen, broken bolts in Mosier, Oregon, expose a
       | significant flaw in the current system for railroad inspections.
       | Yet, federal and state regulators, as well as the railroads, all
       | say current rules are adequate. Minimum federal requirements
       | allow railroads considerable leeway for how they inspect their
       | own track, while government checks are few and far between. As
       | Mosier showed, the system can allow potentially dangerous defects
       | to go unaddressed for months."
       | 
       | According to the article, inspection and detection is done from a
       | slow-moving vehicle. It's a visual inspection...in the 21st
       | century.
       | 
       | There are all sorts of rather simple technology solutions to
       | employ, e.g. barcodes/QR codes to mark when a part has been
       | replaced (or needs to be replaced based on age), image detection
       | to look for anomalies, radar or sonics to look for flaws, etc. If
       | nothing else, to at least augment a visual detection?
       | 
       | And another thing: our infrastructure is 100 years old, for
       | Pete's sake. We need people to stand up and say "enough is
       | enough" already. We have to rebuild our infrastructure and use
       | our latest technologies. The civil engineers have been saying
       | this for 30 years, and the politicians don't listen because it's
       | not something to get them re-elected.
        
         | corbulo wrote:
         | >slow moving vehicle
         | 
         | When train lengths are miles long, how else could you
         | practically do it?
         | 
         | The industry is clearly structured around anti-inspection.
         | Inspecting 3 miles worth of traincars just so one single train
         | can leave is kind of crazy to think about. It's a difficult
         | problem to definitively solve unless you want to spend
         | shitpiles of money to innovate new inspection
         | hardware/software.
         | 
         | Shortening trains seems like an obvious solution, but do we
         | have the capacity for that? When was the last new freight
         | railroad laid in the US? What are the logistical problems?
        
         | Animats wrote:
         | Automated track inspection systems exist and are in use.[1][2]
         | Union Pacific and Norfolk Southern even have some of their
         | inspection systems. They're much faster than driving along at
         | 10MPH trying to see the problem visually. There are even
         | inspection systems that are built into a freight car, so you
         | just couple it into a train and get back a track report.
         | 
         | Maybe they don't like using them. Because they're going to log
         | every track flaw.
         | 
         | [1] https://www.ensco.com/rail/track-component-imaging-system-
         | tc...
         | 
         | [2] https://www.ensco.com/sites/default/files/2022-08/ENSCO-
         | Trac...
        
       | jtlienwis wrote:
       | When they said there were thousands of derailments each year in
       | the U.S. i found a source on the internet that said the total for
       | all derailments in Japan in 2020 was a grand total of 6.
        
         | SllX wrote:
         | I went spelunking and I found this:
         | https://www.yahoo.com/now/many-train-derailments-us-2023-162...
         | 
         | Basically we're averaging 1,704 derailments a year between 1990
         | and 2021, and likely very few of them are significant since
         | last year per the article there were 4 deaths.
         | 
         | So, question: what is the legal definition of a derailment and
         | does it differ between here and Japan?
        
           | ricardobeat wrote:
           | When trains are mainly used for transporting goods,
           | derailment is unlikely to cause deaths. Not the case for
           | Japan, and that's probably half of the explanation for why
           | it's different.
        
       | brainzap wrote:
       | I have some Atlas Shrugged vibes
        
         | bpodgursky wrote:
         | The part where federal bureaucrats ordered a train to unsafely
         | transit a tunnel and caused a massive explosion?
        
         | throwway120385 wrote:
         | Her whole deal in that book was that regulations are bad and
         | that they are used as a cudgel by established players. Here we
         | have an example of what happens when regulations are rolled
         | back -- the profit motive takes over, eliminates safety
         | measures, and eventually creates superfund sites.
         | 
         | One of Rand's examples of a bad regulation in the book was
         | limits on car length, which was a regulation that was removed.
         | 
         | She assumes that the natural competence of capitalists can only
         | shine through if regulation is completely eliminated. That
         | regulation of the industry prevents competence. But I don't
         | think it's a matter of all regulation being bad. And I think
         | it's a matter of having the right regulation with adequate
         | enforcement. These things require competent people to make
         | decisions.
         | 
         | In the end competence isn't a matter of being a capitalist or
         | of deregulating or of being utterly selfish about everything.
         | It's entirely a result of being honest and reflective and
         | trying to seek solutions to the problems people face. So she
         | completely misses the mark.
         | 
         | And here's an example of how removing regulations causes
         | exactly the kinds of problems she decries in the book--peoples'
         | lives being ruined by totally preventable rail brought on by
         | incompetence and lack of resources. In fact the selfishness of
         | the management and capitalist class in this case has lead
         | directly to the accident. So clearly selfishness is not a
         | virtue for the people in Palestine Ohio.
        
           | altairprime wrote:
           | Rand was right that the looters will wield regulation as a
           | tool for looting, but she was wrong that deregulation would
           | prevent that. Modern looters are able to exploit both
           | regulation _and_ deregulation for personal profit at the
           | expense of others, and her ideology doesn't offer useful
           | guidance for that scenario.
        
             | RajT88 wrote:
             | Rand is often quoted by the looters, in fact.
        
               | [deleted]
        
           | readthenotes1 wrote:
           | Some people underestimate the lengths to which people will go
           | to satisfy their greed.
           | 
           | Sloth drives productivity improvements and greed drives
           | capitalism. Fortunately, we only have to regulate down greed
           | for capitalism to work...
        
           | phailhaus wrote:
           | A system that crosses its fingers and hopes "people will do
           | the right thing" will always fail. These systems are games
           | that will be played. If you can make more money by making one
           | of these dangerous moves, _someone will do it_. And if there
           | aren 't laws against it, someone will _always_ do it even if
           | the established players won 't. (not to say laws perfectly
           | prevent all crime, but the rate is much higher without them)
           | 
           | Just look at crypto, speedrunning the history of finance and
           | rediscovering all the fraud you can commit when there are no
           | regulations, and at massive scales affecting millions of
           | people. Just because established banks learned their lessons
           | hasn't meant new players would, so a world without regulation
           | will _continuously_ experience these tragedies.
        
             | corbulo wrote:
             | Thats a very culturally specific issue. If you have a low-
             | trust culture you're absolutely correct.
             | 
             | If you have a different kind of culture, such as in Japan,
             | thats incorrect.
             | 
             | Finance is a great example sector in your favor because it
             | is so heavily internationalized(therefore basically no one
             | feels patriotic/nationalistic about their work) and greedy.
             | National industries like freight would be much more likely
             | to embrace cultural features of their country.
        
           | pstuart wrote:
           | There's a saying that regulations are written in blood. While
           | not always true, it's clear that they come about for good
           | reason.
        
           | notch898a wrote:
           | Regulations in this case are just a way to deal with the bad
           | system we have for holding people accountable for
           | externalities. I would focus on fixing that rather than a
           | highly complex and bureaucratic regulatory regime for every
           | industry. It should be made unprofitable to toxic wasteland
           | an entire city.
        
           | renewiltord wrote:
           | Hmm, the problem is that the feedback loop is not tight. I
           | wonder if there is some property of markets which someone has
           | written about which expresses this.
           | 
           | It's a classic TornadoGuard problem https://xkcd.com/937/
        
       | dboreham wrote:
       | I can put an airtag in my suitcase and track it all over the
       | world but railroad operators can't pit bearing temperature
       | sensors on their tank cars full of methlamine?
        
         | supportengineer wrote:
         | Nothing stops this train.
         | 
         | Nothing.
        
           | nebula8804 wrote:
           | Sounds like the tagline for the next Hollywood blockbuster.
        
             | twh270 wrote:
             | You kid, but the movie Unstoppable, about a runaway train,
             | is based on a real life scenario. There are some
             | interesting trivia details at
             | https://www.imdb.com/title/tt0477080/trivia/?ref_=tt_ql_3.
        
               | nebula8804 wrote:
               | Of course there is a movie ha ha. Thanks for that link. I
               | guess it is part of the "Unstoppable" genre of movies
               | huh? We have an unstoppable train, unstoppable bus, what
               | else? An unstoppable car, truck, or plane?
               | 
               | [1]:https://www.imdb.com/title/tt0111257/
        
         | JustSomeNobody wrote:
         | The don't _want_ to. It increases the amount of time those cars
         | are not hauling freight.
        
         | bombcar wrote:
         | If something can go out of spec 99 times out of 100 and nothing
         | "bad" happens, you may not want a thing that makes you stop
         | when it's out of spec.
         | 
         | It's not a good look, but that's often why it is done.
         | 
         | Same reason that militaries have strict _non wartime_ limits on
         | lots of their equipment, they know it can run past the norm but
         | they also know there are risks involved, and you don 't want to
         | risk it until it's necessary.
        
           | notabee wrote:
           | This concept of normalization of deviance gets posted on here
           | a lot, but I'm going to post a link again anyway.
           | 
           | https://sma.nasa.gov/docs/default-source/safety-
           | messages/saf...
        
             | bombcar wrote:
             | Exactly, it's the inverse of the boy-who-cried-wolf
             | problem, and it's not entirely simple to solve.
        
               | wittenbunk wrote:
               | Its not the inverse. Boy who cried wolf and normalization
               | of deviance are both about false positives.
        
         | extrapickles wrote:
         | They don't need to even do that, just occasionally send the
         | train past a thermal camera and look for wheels that are warmer
         | than average.
        
           | JustSomeNobody wrote:
           | It is very odd to me that states do this very thing for
           | trucking, but apparently do not do it for rail.
        
             | Symbiote wrote:
             | Here's a page on several of the automatic checks that exist
             | for railways: https://en.wikipedia.org/wiki/Defect_detector
        
             | [deleted]
        
             | falcolas wrote:
             | They did. It was ignored. IIRC, the exact wording from
             | dispatch was "If it's still alerting at the next sensor
             | it's a problem."
        
               | muttled wrote:
               | I'm astonished that they treat those alarms like I
               | treated the check-engine light as a poor kid who reasoned
               | that the car seems to still be running fine.
        
               | JustSomeNobody wrote:
               | Thanks for the clarification.
        
           | benburwell wrote:
           | In general, this is actually done: there are defect detectors
           | that are installed along tracks that monitor for several
           | conditions as trains pass over/through them. Once the train
           | has passed, a voice radio message is sent to the train crew.
           | 
           | Here's an example of one working:
           | https://www.youtube.com/watch?v=R7BGg82uQ1U
           | 
           | I'm not sure whether similar equipment was a factor in the
           | East Palestine incident.
        
       | ok_dad wrote:
       | This is why you need UBI, universal healthcare, etc. If a worker
       | could say "FUCK YOU" and walk off the job at a moment's notice
       | without risking their family, then safety concerns like this
       | become a non-issue because, IMO, most people want to do the right
       | thing when in comes to safety like this, and even if half your
       | staff is willing to take a payment to kill other people with
       | derailment risks, the other half will happily report them.
       | 
       | Edit: My assumption here, which I think is reasonable, is that
       | you cannot solve this problem by laws alone, because (as
       | evidenced by this article) companies and management do not care
       | about that. All replies saying we need more laws might also be a
       | part of the solution, but is not the whole thing.
        
         | Arrath wrote:
         | While I agree, if seems to me that the proper remediation for
         | this situation would be robust whistleblower protections and
         | swift retribution from authorities when a worker says "FUCK
         | THAT" after being told to waive safety inspections or ignore
         | issues and run a train anyway. Including hefty fines against
         | the companies and criminal penalties against not only the
         | managers pushing such approaches, but the executives complicit
         | in it as well.
        
           | Spartan-S63 wrote:
           | What if whistleblower protections require the accused company
           | - if the complaint has merit - put in escrow enough money to
           | pay the employee's current salary tacked to inflation or CoL
           | until they reach Social Security retirement age?
           | 
           | It would ensure that a legitimate whistleblower would
           | continue to collect a paycheck if they find themselves
           | blacklisted by similar companies.
        
             | Arrath wrote:
             | Gotta say, I don't hate this idea.
        
         | gruez wrote:
         | > This is why you need UBI, universal healthcare, etc. If a
         | worker could say "FUCK YOU" and walk off the job at a moment's
         | notice without risking their family, then safety concerns like
         | this become a non-issue because, IMO, most people want to do
         | the right thing when in comes to safety like this, and even if
         | half your staff is willing to take a payment to kill other
         | people with derailment risks, the other half will happily
         | report them.
         | 
         | I don't buy this argument. What your logic seems to be is that
         | if UBI was in place, then if the worker gets blacklisted or
         | whatever, he can still draw upon UBI to not become homeless,
         | but is that really enough? Suppose you have a middle class
         | lifestyle financed by UBI plus your rail worker job, and you
         | saw something shady happening. Would you really risk getting
         | blacklisted from the industry and thereby downgrading your
         | lifestyle to subsistence level, just so you can blow the
         | whistle?
        
         | gxt wrote:
         | No. Ignoring problems is not a solution.
        
           | [deleted]
        
           | enumjorge wrote:
           | I read this less as ignoring a problem, and more like
           | empowering people at lower levels of an organization to do
           | the right thing, a check-and-balances of sorts.
        
             | gxt wrote:
             | Walking out is not the right thing, and it is not
             | empowerment. It is utter disregard for those who remain, it
             | robs them of your expertise and care. US has OSHA, USCSB,
             | municipal ad., state ad., and federal ad. AND multiple
             | members of Congress per state. Before walking out there all
             | these people AND MORE to contact, make aware, request help
             | from.
        
         | jiveturkey wrote:
         | > most people want to do the right thing when in comes to
         | safety like this
         | 
         | not in my experience working in blue collar labor, union or
         | not.
         | 
         | also, a bad assumption in general. this is not a good argument
         | for "UBI, nationalized healthcare, etc"
         | 
         | laws/regulation with teeth (punitive fines) are the solution
         | here.
        
         | amelius wrote:
         | The problem is that at some point you become reliant on a
         | certain level of income.
         | 
         | And it would be kinda strange if working nightshifts on rail
         | work would pay the same as UBI.
        
           | danaris wrote:
           | You don't need it to do so indefinitely. You only need it to
           | pay _enough_ to keep you afloat while you either find another
           | job, or get the previous job to relent, take you back, and
           | agree with you--or downsize your lifestyle.
           | 
           | This is, however, why UBI needs to be high enough to
           | _actually_ cover all the basic necessities of life, and not
           | just be something like $500 /month.
        
             | peyton wrote:
             | How long do you think it takes to find a job as a railroad
             | track laborer?
        
             | notch898a wrote:
             | Exactly, pay enough so that no one has to work. Then we can
             | all buy the goods and services we like without toiling.
        
             | gruez wrote:
             | >This is, however, why UBI needs to be high enough to
             | actually cover all the basic necessities of life, and not
             | just be something like $500/month
             | 
             | $500/month seems pretty doable if you're only eating rice
             | and beans and live in dorm room style accommodations in
             | south dakota, and don't spend money on anything else. Sure,
             | eating rice and beans isn't great, but eating beef is
             | arguably not a necessity. Nor is living in your own unit in
             | a desirable location, or having money for entertainment.
        
         | lambdasquirrel wrote:
         | I don't know, I think we should consider the other half of the
         | problem.
         | 
         | Do you think, if workers were promoted (or given authority) on
         | the basis of a job well done, that this would happen? Right
         | now, in nearly all industries, and even in parts of tech, you
         | become a manager, by being manager-like. That means playing
         | politics and going to business school. Deeper understanding or
         | appreciation of the job isn't really necessary. All that's
         | necessary is the ability to "manage" people, which is of course
         | an important skill, but there's this idea that you can
         | helicopter "leaders" in who don't really need to know the job
         | at hand. It breeds contempt for the folks actually doing the
         | work, and their concerns about the job and their craft.
        
       | tootie wrote:
       | This is bad but it's also from 2016. There's not nearly enough
       | dots to connect to say it had anything to do with the recent
       | derailment.
        
         | sbaiddn wrote:
         | It demonstrates the working environment and management culture
         | in the industry. In short management doesn't care.
         | 
         | That said, "visible seepage" is infuriatingly vague. Any seal
         | will "seep" to some extent. Oil seals can have "visible
         | seepage" and still have life left in them.
         | 
         | A healthy industry would have clear internal standards that
         | clarifies bad rules like this and enforcement.
        
       | 5etho wrote:
       | I hope reddit/antiwork don't leak on HN.
       | 
       | We all agree with that, it's just not the right place.
        
       | nathanaldensr wrote:
       | This appears to be a single manager for a single railroad--not
       | Norfolk Southern--getting caught. While egregious and likely
       | indicative of what we all suspect--corner-cutting industry-wide--
       | it doesn't appear related to East Palestine at all. Saying "US
       | rail workers" feels like clickbait.
        
         | theGnuMe wrote:
         | The "a few bad apples spoils the bunch" defense. Not gonna
         | work.
        
           | jacobjjacob wrote:
           | Folks misinterpret that statement and use it as a defense. In
           | reality it's an offense- one bad apple might be a rot that
           | can infest their colleagues and the whole system.
           | 
           | It's at least as likely as not that whistleblower incidents
           | like these represent a deeper issue. To stretch the metaphor,
           | if you find a rotten apple in your bunch, it's unlikely it
           | was the only one.
        
             | [deleted]
        
         | xnyan wrote:
         | One of the biggest points of railway workers in the recent
         | fight over contracts was safety concerns largely due to
         | overwork and understaffing. According to both the government
         | and the railway industry, the number of workers threating labor
         | action over this was large enough to bring down rail transport
         | in the US.
         | 
         | Perhaps they could have done a better job supporting their
         | argument, but the general claim that railway workers generally
         | believe safety standards are inadequate seems solid to me.
        
           | xyzelement wrote:
           | From the article I got the sense that the disagreement is
           | about "how many eyes" are watching out over the trains.
           | 
           | As a layman it seems like "the more the better" but there's
           | gotta be a balance. Obviously the union is going to argue for
           | having 100 people per train if they could (because that's
           | directly connected to the unions power and money) while the
           | train company is going to try to automate it down to 0.
           | 
           | So just because the union doesn't think it's enough isn't a
           | meaningful indicator.
        
             | iudqnolq wrote:
             | This is a classic example of the fallacy of the middle. In
             | general, there are often two sides to an issue. But the
             | correct balance is almost never directly in the middle.
             | 
             | You present the union and the management as equal players,
             | both with radical views, and the truth as somewhere near
             | the midpoint. Except the unions are trying to fight to keep
             | two people per train, not have 100.
             | 
             | > Efforts to require at least two-person crews, including
             | via regulation, lack a safety justification; ignore the
             | decades of safe and successful use of single-person crews
             | at some U.S. freight railroads and in passenger and freight
             | rail systems throughout the world; upend meaningful
             | collective bargaining, and undermine the rail industry's
             | ability to compete against less climate-friendly forms of
             | transportation.
             | 
             | https://www.aar.org/wp-content/uploads/2020/08/AAR-Crew-
             | Size...
        
               | gruez wrote:
               | > This is a classic example of the fallacy of the middle.
               | In general, there are often two sides to an issue. But
               | the correct balance is almost never directly in the
               | middle.
               | 
               | What gave you the impression that the parent post thinks
               | the right answer is "in the middle"? He was simply
               | pointing out that both parties have an incentive to say
               | the "right" amount is lower/higher, and therefore just
               | because one party says the amount needs to be changed,
               | doesn't mean it actually needs to be changed.
        
       | emehex wrote:
       | With all these new text-to-speech AI models... how can we trust
       | any recordings like this anymore?
        
         | falcolas wrote:
         | This has been a potential attack since recording devices were
         | invented. It was just done by talented people or people with
         | mixing tools.
        
         | phailhaus wrote:
         | Faked audio is still easily detectable.
        
           | maximus-decimus wrote:
           | I don't know, they sound exactly like the real thing to me :
           | https://www.youtube.com/watch?v=Ep-f7uBd8Gc
        
         | bastawhiz wrote:
         | It's the job of the regulators to investigate audio like this
         | and ensure its provenance, and speak to the people involved
         | under penalty of perjury. The ability to forge audio isn't new,
         | it's just more accessible.
        
         | zokier wrote:
         | you don't need text-to-speech AI model to fake recording, you
         | just need random guy and a microphone.
        
       | Reptur wrote:
       | If companies are people, companies should go to prison for
       | intentionally endangering Americans and the result of that
       | causing Americans to become ill / get cancer. The company should
       | be taken over by the government and sold to pay out to all those
       | that were harmed as well as clean & rebuild everything affected.
        
         | landoftheice wrote:
         | [dead]
        
       | TheDudeMan wrote:
       | > "a manager ... explaining to a former carman that they should
       | stop tagging railcars for broken bearings. The manager says doing
       | so delays other cargo."
       | 
       | This sort of thing should result in jail time.
        
       | RcouF1uZ4gsC wrote:
       | Make the CEO criminally responsible for everything under his or
       | her watch.
       | 
       | They are getting paid crazy amounts of money for not much risk
       | currently. I bet even with the threat of criminal liabilities, a
       | lot of people would still be willing to be CEO for $100 million.
        
       | el_don_almighty wrote:
       | What if ISO 9001 certification also created individual criminal
       | liability for conformance?
       | 
       | Individual criminal liability would drive accountability down to
       | the people who are actually responsible for the necessary
       | actions. The criminal threat empowers individuals, creating a
       | drive for clear understanding of their roles, deliverables, and
       | artifacts of completion. This accountability works successfully
       | in the aviation industry but comes at a high cost.
       | 
       | Could it work in other industries and could newer technologies
       | lower the cost of implementation? Easier workflow management
       | tools?
       | 
       | What would happen in your company if you or your team members
       | were at risk of criminal investigation for compliance to your ISO
       | 9001 procedures & documentation? Could you do it? Would you stay?
       | Would you want more money?
       | 
       | Isn't it essentially commercial fraud if the organization _IS
       | NOT_ meeting their documented procedures?
        
         | ok_dad wrote:
         | > What if ISO 9001 certification also created individual
         | criminal liability for conformance?
         | 
         | I worked at an ISO-13485 certified company, and actually had
         | "criminal liability for conformance" for some work I did there,
         | due to the FDA's regulations. I can say, for certain, that it
         | does not matter if you raise issues for legal obligations with
         | even one of the largest medical device manufacturers in the
         | USA. I had some HR issues there with my boss which edged into
         | the region of not doing our jobs properly for important quality
         | inspections. He did eventually get fired, but not for risking
         | the lives of patients but he was instead fired for missing some
         | milestone obligations on an important project. I was turned
         | into a pariah with management for trying to fix this particular
         | issue, and later I quit my management position there in order
         | to live a life of simplicity as a solo-contributor of software
         | for my remaining days.
         | 
         | I say that you absolutely cannot push the liability down to the
         | worker level, it has to be on management and on the executives
         | of a company. It would be much easier for workers to raise
         | safety and HR issues at a company if they knew that their
         | medical coverage and salary were safe, such as with universal
         | healthcare or UBI...
        
         | aplusbi wrote:
         | I feel like this would end up with a bunch of interns in prison
         | for the crimes of executives. It would be too easy to find a
         | scapegoat.
        
       | roughly wrote:
       | Pete Buttigieg got pilloried last time he ran for president for
       | a) not having enough experience and b) for being ex-McKinsey,
       | which sank him on the left. He's got an opportunity now to take
       | one of the worst examples of wall-streetism to the woodshed over
       | spilling a bunch of toxic chemicals in a residential neighborhood
       | because of penny-pinching, which seems like it should be the
       | easiest political slam-dunk in the world for a Democrat in 2023 -
       | it'll be interesting to see if he actually does so.
        
         | sbaiddn wrote:
         | I didn't know Petey's ex-McKinsey! I know McKinsey people, Ive
         | been to their parties. Rubbed shoulders.
         | 
         | Not impressed. Last time I was with them, in a room of 100
         | people, two were cool. One joined when his company got bought
         | out. The other one was his wife. None of them struck me as
         | particularly above average, except for ego and ambition.
         | 
         | Minus one for Pete.
        
           | eastbayjake wrote:
           | The sort of argument-by-anecdote that makes Hacker News such
           | an interesting, informative, civilized forum to read these
           | days - thanks for your contribution
        
         | twh270 wrote:
         | He'll take them out behind the woodshed, give them a stern
         | talking to, and then give them a handshake and a "Thanks for
         | this truly productive discussion, see you at our usual
         | watering-hole tonight?"
         | 
         | Maybe a few weak regulations will be improved and Democrats
         | will loudly proclaiming how hard they are "cracking down" on
         | unsafe practices.
         | 
         | There will be no real change unless the political winds (i.e.,
         | voters) demand it so strongly that Democrats have no other
         | choice. Both parties are beholden to corporate money and
         | interests.
        
         | nebula8804 wrote:
         | I think its too late to recover from this. If he was going to
         | act it should have been before the Republicans did. Pete and
         | the Dems seem like they are just trying to move on from this as
         | quick as possible but I don't get them, you can't just move on
         | when so many people are looking at this disaster.
        
           | [deleted]
        
           | roughly wrote:
           | There's still an opportunity when the report comes out. I
           | agree, though, I don't think they're going to. I suspect it
           | has to do with the feds breaking the train worker strike a
           | couple months ago, which was already a pretty severe
           | political own-goal - I think you're right, they're hoping
           | people stop talking about trains.
        
             | nebula8804 wrote:
             | The consensus among "progressive media" seems to be that
             | they don't want to set a precedent where they do actionable
             | change after a crisis. This could hurt them with their
             | donors in future incidents so their strategy is to somehow
             | get people move on from this. Maybe it will be continued
             | media blackout or something dumb will be coming that will
             | take up the news cycle(eg. Chinese Balloons). It is
             | infuriating especially after they were given a lifeline by
             | their voters in the midterms. Its a never ending clown show
             | with both the left and the right.
        
       | photochemsyn wrote:
       | This is yet another reason why the German model of having half
       | the executive board seats selected by the employees of the
       | corporation should be adopted in the United States. Employees see
       | these kinds of problems and can pass them on up to their board
       | representatives to ensure they get addressed before disasters
       | happen.
        
       | Havoc wrote:
       | Ah the Boeing management style. That explains things
        
       | pasttense01 wrote:
       | A key point is the date, 2016. This was 7 years ago. Just because
       | there were issues then doesn't mean there are issues now:
       | 
       | "In late 2016, Stephanie Griffin, a former Union Pacific carman,
       | went to her manager with concerns that she was getting pushback
       | for tagging - or reporting for repair - railcars. Her manager
       | told her it was OK to skip inspections."
        
         | JustSomeNobody wrote:
         | > Just because there were issues then doesn't mean there are
         | issues now
         | 
         | It's going to take me an hour to find my eyes.
         | 
         | If anything, the issue is probably worse now. If an industry
         | can get away with something, they'll keep doing it and more.
        
         | sbaiddn wrote:
         | Its gotten worse. The industry has been greatly increasing
         | workload on fewer employees.
         | 
         | Just a few months ago Biden forced a contract on rail workers
         | who were complaining, among other things, how they're stretched
         | thin to an unsafe amount.
         | 
         | Most of Congress backed the administration and rail companies
        
       | xyzelement wrote:
       | I can't read the article again due to paywall but when I read it
       | the first time, the idea I got is not that they were "told to
       | skip inspect" but a disagreement between employees and management
       | on the level of oil seepage that was required in order to
       | consider the train car in need of repair.
        
         | noughtme wrote:
         | "The regulation at the time stated that a wheel bearing was bad
         | when it had 'visible seepage'. But that was very vague, and the
         | bosses used that vagueness to their advantage. For me, it was
         | whenever oil was visible on the bearing. For my bosses, they
         | wanted actual droplets and proof it would leak on the ground.
        
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