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From UPOnline Union Pacific Responds to New York Times Article Statement by Union Pacific regarding the July 11 New York Times An article that appeared in the July 11 issue of the New York Times reported a number of serious allegations against our company related to grade crossing accidents. These allegations do not reflect the character of the men and women of Union Pacific. Many of the allegations concern destruction of evidence after accidents. Union Pacific's policy is clear: We do not destroy information or evidence needed for legal proceedings. A few years ago, the courts began to expand the types of materials they expect us to retain in grade crossing accidents, before litigation is filed. In October 2002, we instituted major changes to our processes to ensure that this wider range of materials is kept. A number of lawsuits were already in litigation, however, resulting in rulings against the company and its prior document-retention policies. As the article acknowledges, many of its conclusions are based on statements by individuals who are hired to testify against the company in lawsuits. In each instance, there is another side of the story. For example, the article implies that the company cut vegetation after a recent Arkansas accident to make the crossing look better, but we carefully photographed the crossing to document the scene before cutting the vegetation. During the course of the reporter's investigation, we learned that some of our reporting and compliance processes were not as thorough as we expect. When we learned of these breakdowns in our processes, we took immediate corrective actions. Union Pacific's policy is to be 100 percent compliant with all of the many regulations that apply to railroads. The article stated that notification of fatalities at crossings to the National Response Center was inconsistent. While we report consistently and properly to the Federal Railroad Administration and state and local authorities, we failed, in several dozen instances, to comply with a specific requirement that we notify the NRC by phone. We have changed our procedures to ensure that proper notification is made in the future. We have initiated a further, comprehensive audit of all reporting requirements to identify and correct any other shortcomings. Union Pacific has a comprehensive grade crossing safety program that includes system vegetation control, maintenance of grade crossing warnings, inspection and maintenance of track and crossing panels, maintenance of locomotive horns and lights, and training and certification of train crews who operate the trains. Union Pacific also has posted an 800 number on all crossings for immediate response to stalled cars or other safety risks. Additionally, Union Pacific funds public education campaigns and Union Pacific employees voluntarily contribute many thousands of hours to making safety presentation to the driving public. UP also sponsors safety programs in cooperation with police departments to enhance law enforcement on crossings where there have been violations. As a result, grade crossing accidents on Union Pacific declined 84 percent, from 3,049 to 498, between 1976 and 2003. The annual number of fatalities from rail-highway incidents on Union Pacific for the same period decreased 74 percent from 261 to 68. This improvement occurred while highway traffic increased 80 percent. No one wants to avoid grade-crossing accidents more than Union Pacific and other railroads. Emotionally, they take a severe toll on our train crews, who usually cannot stop their trains in time to avoid collisions, and on other employees, who feel the human tragedies that so often accompany these accidents. And these accidents occur in communities we serve and are home to our employees and their families. We all feel a sense of tragedy and loss when these accidents occur.
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