Trains.com

Railroad sues over millions of rail ties it calls defective

6720 views
52 replies
1 rating 2 rating 3 rating 4 rating 5 rating
  • Member since
    January 2003
  • From: Kenosha, WI
  • 6,567 posts
Railroad sues over millions of rail ties it calls defective
Posted by zardoz on Monday, October 30, 2017 4:07 PM

ATLANTA (AP) — One of the nation's largest railroads must replace millions of defective wooden railroad ties on its tracks because they're degrading faster than expected, the company said in a federal lawsuit.

http://www.stltoday.com/news/national/railroad-sues-over-millions-of-rail-ties-it-calls-defective/article_4723505c-7e54-5849-90bd-97eab48a1f5e.html

 

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Monday, October 30, 2017 4:21 PM

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

Never too old to have a happy childhood!

              

  • Member since
    August 2005
  • From: At the Crossroads of the West
  • 11,013 posts
Posted by Deggesty on Monday, October 30, 2017 4:36 PM

From the news release: "Boatright also provided misleading samples to a consultant for the railroad who was checking on the quality of its work, the lawsuit alleges. The Alabama firm's employees were instructed to take the consultant out hunting at the same time he was to be inspecting railroad ties being treated at the facility, the lawsuit states."

Why did the consultant agree to go hunting when he was supposed to be inspecting the ties? It seems to me that he also is culpable in the matter.

Johnny

  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Monday, October 30, 2017 6:33 PM

BaltACD

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

 

Same issue is happening out here with concrete ties from one plant in Nebraska... UP is about to replace most of its concrete ties between Denver and Pueblo.

Balt: Wonder how much of this is tied to the fact that Roanoke tells Atlanta what to do and the Roanoke beancounter tribe is more than just a little aloof.  (doesn't take much to go from "lean and mean" to "starving and stupid".... The "contract it out" mentality of the operating management and the obsessive-compulsive beancounter control freaks (HHH anyone?) can certainly backfire... teachable managerial moment and a leadership fail ?) ... Hope the spreadsheet watchers at the top have a come-to-jesus moment in all of this.

Interesting. (and the newsworker's opinion and understanding of what make an effective crosstie  didn't add to the hysterics here, did it?)

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    January 2003
  • From: Kenosha, WI
  • 6,567 posts
Posted by zardoz on Monday, October 30, 2017 7:21 PM

mudchicken

 Hope the spreadsheet watchers at the top have a come-to-jesus moment in all of this.

 

Just curious: how many dollars are we talking here (both wood and concrete)?

  • Member since
    August 2005
  • From: At the Crossroads of the West
  • 11,013 posts
Posted by Deggesty on Monday, October 30, 2017 7:27 PM

UP has replaced concrete ties at least between Bond and Gore on the former D&SL. The work delayed me one way on a trip last month and one way on a trip this month.

Last month, I saw the plains of Wyoming again as we were detoured--and I had time in Chicago to  catch up on my e-mail. Coming home, we left Chicago late and Denver much later, and I got home in time to take a shower before going to breakfast (I did dress before going down to eat).

This month, we were late leaving here--and we arrived in Chicago in time for me to catch my breath before boarding #30. Coming home, we arrived here 19 minutes early, so I had a good night's sleep in my own bed.

Both ways, I wondered at the piles of used concrete ties along the way.

Johnny

  • Member since
    December 2001
  • From: Sunny (mostly) San Diego
  • 1,920 posts
Posted by ChuckCobleigh on Monday, October 30, 2017 7:40 PM

mudchicken
Interesting. (and the newsworker's opinion and understanding of what make an effective crosstie  didn't add to the hysterics here, did it?)

Coating?  I thought the process was to pressure-infuse creosote.  Silly me.

  • Member since
    March 2008
  • 773 posts
Posted by ruderunner on Monday, October 30, 2017 7:43 PM

BaltACD

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

 

 

So how long does an average tie last?  If the substandard ones are apparently lasting 7 years and good ones last 12 then it simply takes time to discover the difference.

There's always going to be outliers in any category, some bad ties might last 15 years and some good times might only make 6 years.

Modeling the Cleveland and Pittsburgh during the PennCentral era starting on the Cleveland lakefront and ending in Mingo junction

  • Member since
    December 2007
  • From: Georgia USA SW of Atlanta
  • 11,919 posts
Posted by blue streak 1 on Monday, October 30, 2017 7:57 PM

Did we hear somewhere that a new tie cost about $100 ?  This law suit is going to get nasty as an award even for half life of ties will cost $50M.  Bankruptcy will quickly follow ?   Probably Wick is going to be called by Boatright ?

What other RRs may have bought ties from them ?

Will the standard of replacing one tie out of 4 really mess up things ?.  Will having to replace 2 of 4 cause a long period of slow orders to guarantee proper setlement of the track to guarantee no heat kinks ?

  • Member since
    May 2005
  • From: S.E. South Dakota
  • 13,569 posts
Posted by Murphy Siding on Monday, October 30, 2017 10:22 PM

    What happened the first time somebody out in the field said "Hey Lou- shouldn't these ties smell like creosote and not like antifreeze and paint"?

Thanks to Chris / CopCarSS for my avatar.

  • Member since
    May 2003
  • From: US
  • 25,292 posts
Posted by BaltACD on Monday, October 30, 2017 11:02 PM

blue streak 1
Did we hear somewhere that a new tie cost about $100 ?  This law suit is going to get nasty as an award even for half life of ties will cost $50M.  Bankruptcy will quickly follow ?   Probably Wick is going to be called by Boatright ?

What other RRs may have bought ties from them ?

Will the standard of replacing one tie out of 4 really mess up things ?.  Will having to replace 2 of 4 cause a long period of slow orders to guarantee proper setlement of the track to guarantee no heat kinks ?

From a railroad point of view, the actual cost of the tie is the smallest part of the equation - the costs associated with getting them in place and the gangs necessary to replace the defective ties with good ties are much greater.

Mudchicken has a better handle on tie life than I do, however, in 'normal stress' areas ties are expected to have a life of 30 year or more.

Whenever the track is disturbed by either tie and/or rail replacement or the operation of a surfacing gang - there are set rules that govern the implementation of speed restrictions and their progression to having the track stable for maximum authorized speed.

Never too old to have a happy childhood!

              

  • Member since
    September 2003
  • From: California - moved to North Carolina 2018
  • 4,422 posts
Posted by DSchmitt on Tuesday, October 31, 2017 2:20 AM

ruderunner
So how long does an average tie last?  If the substandard ones are apparently lasting 7 years and good ones last 12 then it simply takes time to discover the difference. There's always going to be outliers in any category, some bad ties might last 15 years and some good times might only make 6 years.

From  http://www.american-rails.com/railroad-ties.html

"Througout the years crosstie technology has improved to the point that today, the common hardwood tie which has been properly treated with creosote can last at least 30-40 years before needing replaced."

 

--------------

RTA Railroad Tie Association faqs

http://www.rta.org/faqs-main

 

I tried to sell my two cents worth, but no one would give me a plug nickel for it.

I don't have a leg to stand on.

  • Member since
    March 2016
  • 123 posts
Posted by IslandMan on Tuesday, October 31, 2017 4:24 AM

Oops!

  • Member since
    March 2016
  • 123 posts
Posted by IslandMan on Tuesday, October 31, 2017 4:28 AM

I suppose in the future chemically-modified wood might come into use for ties.  The two main processes are acetylation with acetic anhydride and treatment with furfuryl alchohol. 

Both processes move perishable timber such a poplar into the same durability league as tropical hardwoods. The furfuryl alchohol process also greatly improves the hardness of the wood. It should be possible to use fast-growing softwoods for ties with this process. 

Because the chemicals react with the wood rather than merely saturate it the environmental problems associated with creosote are eliminated. At the end of its life chemically-modified wood can be burned for fuel.

Cost is the obstacle at present but as furfuryl alchohol can be produced as a by-product of the processing of crop wastes to produce bioethanol this chemical is likely to become cheaper (there is a lot of research being conducted into the production of ethanol and other chemicals from woody crop materials rather than potential foodstuffs such as corn).

  • Member since
    December 2004
  • 707 posts
Posted by tdmidget on Tuesday, October 31, 2017 8:19 AM

IslandMan

I suppose in the future chemically-modified wood might come into use for ties.  The two main processes are acetylation with acetic anhydride and treatment with furfuryl alchohol. 

Both processes move perishable timber such a poplar into the same durability league as tropical hardwoods. The furfuryl alchohol process also greatly improves the hardness of the wood. It should be possible to use fast-growing softwoods for ties with this process. 

Because the chemicals react with the wood rather than merely saturate it the environmental problems associated with creosote are eliminated. At the end of its life chemically-modified wood can be burned for fuel.

Cost is the obstacle at present but as furfuryl alchohol can be produced as a by-product of the processing of crop wastes to produce bioethanol this chemical is likely to become cheaper (there is a lot of research being conducted into the production of ethanol and other chemicals from woody crop materials rather than potential foodstuffs such as corn).

 

Crossties and other creosoted wood are used for fuel now. This link, 2008, the latest I found shows 56% of removed ties being either gasified or direct burned in co generation power plants.

http://www.tercenter.org/pages/crossties.cfm

  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 9:49 AM

ruderunner
 
BaltACD

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

 

 

 

 

So how long does an average tie last?  If the substandard ones are apparently lasting 7 years and good ones last 12 then it simply takes time to discover the difference.

There's always going to be outliers in any category, some bad ties might last 15 years and some good times might only make 6 years.

 

properly treated ties 35-50 years in tangents, 15-25 years in curves, tonnage dependent. Oak in the curves, pine/fir in the tangents and yards (Azobe probably lasts 50+)...A tie out here in the dry high desert west will almost always outlast  at tie in the humid east part of the country by 10+ years (with a properly working ballast section of course)

Chuck: Creosote is invasive stuff that will fill the voids under heat & pressure. The other "stuff " probably got into the outer 1/2 inch of the exposed surface as opposed to everything but the inner three inches or so on a 7" x 9" tie. Accidental splitting of ties will tell a trackman how much penetration there is plus a properly treated tie is a heck of a lot heavier.

Everybody forgets, in heavy haul main lines and at road crossings, the ballast chews up the underside of the tie with all the fractured ballast edges cutting into the tie. I've seen up to half the tie depth chewed-up on some old ties.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 10:07 AM

zardoz
 
mudchicken

 Hope the spreadsheet watchers at the top have a come-to-jesus moment in all of this.

 

 

 

Just curious: how many dollars are we talking here (both wood and concrete)?

 

 

Hundreds of millions on NS alone.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    April 2016
  • 1,447 posts
Posted by Shadow the Cats owner on Tuesday, October 31, 2017 10:25 AM

I looked it up it is about 3000 ties a mile on the BNSF for their mainlines.  If some vender lied about QC on a major product to my boss and then we got hammered by the DOT for it failing faster than it should oh yeah their butts would be in court with our lawyers feasting on them.  The latest one that happened in my industry was Fontaine Ultra LT Fifth wheel.  We had 20 of the freaking things mostly on our acid tank trucks.  Then we got recall notices on all of them.  Boss first went to KW ordered 20 Hollands to replace them.  Out of the 20 that were recalled 10 had damage on them a 50% failure rate on trucks less than 2 year trucks and we got the recall on 2015 the trucks were all 2013 models.  To call my boss very unhappy would have been the understatement of the year.  

 

Currently Fontaine is trying to settle the lawsuit brought upon them by the widow of the drivers that were killed by this product.  Trouble is their own testing showed the design was defective and they still produced it and released it.

  • Member since
    February 2003
  • From: Guelph, Ontario
  • 4,819 posts
Posted by Ulrich on Tuesday, October 31, 2017 10:36 AM

BaltACD

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

 

I think so.. more than one party responsible for this "black tie" event.

  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 11:05 AM

Shadow the Cats owner

I looked it up it is about 3000 ties a mile on the BNSF for their mainlines.  If some vender lied about QC on a major product to my boss and then we got hammered by the DOT for it failing faster than it should oh yeah their butts would be in court with our lawyers feasting on them.  The latest one that happened in my industry was Fontaine Ultra LT Fifth wheel.  We had 20 of the freaking things mostly on our acid tank trucks.  Then we got recall notices on all of them.  Boss first went to KW ordered 20 Hollands to replace them.  Out of the 20 that were recalled 10 had damage on them a 50% failure rate on trucks less than 2 year trucks and we got the recall on 2015 the trucks were all 2013 models.  To call my boss very unhappy would have been the understatement of the year.  

 

Currently Fontaine is trying to settle the lawsuit brought upon them by the widow of the drivers that were killed by this product.  Trouble is their own testing showed the design was defective and they still produced it and released it.

 

about 3248 - 3250 ties per 5280 feet on a main track is closer to reality,somewhat less in the backtracks,  but... Production tie gangs usually are changing out 300 (light) to 800( heavy) ties per mile to be effective. More than 800 ties per mile and you probably have other issues; less than 300 and you are getting into financial overkill country for a set of complete XTG and XSG operation.... PDN will chirp-in somewhere on this.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 11:08 AM

Ulrich
 
BaltACD

I am amazed that something like this has been happening to NS for the past 8 years.  Didin't anyone in the field notice the differences between properly treated ties and the fakes?  Didn't anyone in the mid-level of management listen to complaints from 1st level personnel.  This stinks to high heaven, not only on Boatright but on NS and their inspection standards for their procurement system.

 

 

 

I think so.. more than one party responsible for this "black tie" event.

 

... and why the bottom of the food chain shouldn't be the only one getting punished for stupid/ disconnected-from-reality behavior at the top.

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    April 2001
  • From: Roanoke, VA
  • 2,019 posts
Posted by BigJim on Tuesday, October 31, 2017 11:22 AM

mudchicken
Balt: Wonder how much of this is tied to the fact that Roanoke tells Atlanta what to do and the Roanoke beancounter tribe is more than just a little aloof. 

There is no one in Roanoke to tell Atlanta what to do! It's all on Atlanta or Norfolk.

.

  • Member since
    April 2001
  • From: Roanoke, VA
  • 2,019 posts
Posted by BigJim on Tuesday, October 31, 2017 11:26 AM

Murphy Siding

    What happened the first time somebody out in the field said "Hey Lou- shouldn't these ties smell like creosote and not like antifreeze and paint"?


I wonder if the tie gangs noses are so burnt out smelling the creosote over the years that they can even smell anymore?

.

  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 11:30 AM

Embarrassed

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    December 2001
  • From: Northern New York
  • 25,021 posts
Posted by tree68 on Tuesday, October 31, 2017 12:08 PM

Infamous on the Adirondack are the green ties installed by the Adirondack Railway (ie, the Olympics version), which have, in some cases, been outlasted by good old creosote ties probably installed by the Central.

I don't know, but I suspect they were treated with something like Cuprinol.

There's a backstory there, but it's not relevant to this discussion.  

LarryWhistling
Resident Microferroequinologist (at least at my house) 
Everyone goes home; Safety begins with you
My Opinion. Standard Disclaimers Apply. No Expiration Date
Come ride the rails with me!
There's one thing about humility - the moment you think you've got it, you've lost it...

  • Member since
    July 2010
  • From: Louisiana
  • 2,310 posts
Posted by Paul of Covington on Tuesday, October 31, 2017 12:25 PM

IslandMan
I suppose in the future chemically-modified wood might come into use for ties. The two main processes are acetylation with acetic anhydride and treatment with furfuryl alchohol. Both processes move perishable timber such a poplar into the same durability league as tropical hardwoods. The furfuryl alchohol process also greatly improves the hardness of the wood. It should be possible to use fast-growing softwoods for ties with this process.

   I don't know if this would be what you are talking about, but a few years ago I remember reading that some sort of composite tie was being tried.   (Plastic-wood fiber?)   What was the result of those tests?

_____________ 

  "A stranger's just a friend you ain't met yet." --- Dave Gardner

  • Member since
    December 2007
  • From: Southeast Michigan
  • 2,983 posts
Posted by Norm48327 on Tuesday, October 31, 2017 12:33 PM

Paul of Covington
I don't know if this would be what you are talking about, but a few years ago I remember reading that some sort of composite tie was being tried. (Plastic-wood fiber?) What was the result of those tests?

In 2010 NS tested composite/plastic ties. A trestle on which some were used caught fire and trapped three locomotives that were destroyed. I know the crew were burned but I don't recall their outcome.

Norm


  • Member since
    December 2001
  • From: Denver / La Junta
  • 10,820 posts
Posted by mudchicken on Tuesday, October 31, 2017 12:50 PM

Paul of Covington
 
IslandMan
I suppose in the future chemically-modified wood might come into use for ties. The two main processes are acetylation with acetic anhydride and treatment with furfuryl alchohol. Both processes move perishable timber such a poplar into the same durability league as tropical hardwoods. The furfuryl alchohol process also greatly improves the hardness of the wood. It should be possible to use fast-growing softwoods for ties with this process.

 

   I don't know if this would be what you are talking about, but a few years ago I remember reading that some sort of composite tie was being tried.   (Plastic-wood fiber?)   What was the result of those tests?

 

fail when placed in tension, which does happen...

Mudchicken Nothing is worth taking the risk of losing a life over. Come home tonight in the same condition that you left home this morning in. Safety begins with ME.... cinscocom-west
  • Member since
    August 2005
  • From: At the Crossroads of the West
  • 11,013 posts
Posted by Deggesty on Tuesday, October 31, 2017 1:36 PM

I do not remember if it was cuprinol, but when I was getting some extra work, in a lumber  yard, about 25 years ago, we treated some posts with a greenish liquid--and were careful not to get any on us or spill it on our clothing.

Johnny

  • Member since
    July 2010
  • From: Louisiana
  • 2,310 posts
Posted by Paul of Covington on Tuesday, October 31, 2017 2:07 PM

Deggesty

I do not remember if it was cuprinol, but when I was getting some extra work, in a lumber  yard, about 25 years ago, we treated some posts with a greenish liquid--and were careful not to get any on us or spill it on our clothing.

 

   Must be what we called "green creosote."   We painted our fence with it back in the 1950's.   When my father was repairing a fence, he dipped the end of the posts that were going into the ground in black creosote, then we painted the rest of it with green creosote.

_____________ 

  "A stranger's just a friend you ain't met yet." --- Dave Gardner

Join our Community!

Our community is FREE to join. To participate you must either login or register for an account.

Search the Community

Newsletter Sign-Up

By signing up you may also receive occasional reader surveys and special offers from Trains magazine.Please view our privacy policy