More than six years ago, the U.S. livestock industry faced an impending federal regulation that, if enacted, would have ground to a halt the transportation of cattle, swine, poultry, sheep, goats, horses, fish, and even honeybees. What we successfully demonstrated then was that a one-size-fits-all approach to governance rarely works. Instead, we worked with Congress and federal agencies to establish guidelines that maximized safety while minimizing the impact on producers and consumers.

A similar situation in a related transportation section is unfolding after a devastating train derailment in East Palestine, Ohio earlier this year. Soon after, Ohio Senators Sherrod Brown and J.D. Vance rushed to introduce legislation to prevent future accidents.

Unfortunately, the Railway Safety Act of 2023 (S. 576) is an assortment of policy proposals that fail to address the underlying conditions that caused the accident. Instead, the bill prescribes even more human oversight – rather than modern technology – in an industry already facing staffing shortages.

Most rail employees are near retirement age, with very few trainees under 30 years old. In 2022, to address the industry’s labor crisis, Norfolk Southern announced a boost in conductor trainee pay to $25 an hour, with a $300 biweekly incentive. Conductor trainees in priority locations can earn up to $5,000 in starting bonuses. In their first year, conductors can earn an average of $67,000 and are entitled to join a pension and have a 401k savings option, health care coverage and other benefits.

That is more than can be said for what most independent farmers and ranchers bring home in a year!

Yet even with these incentives, the railroads are having difficulty recruiting workers. That makes the provisions within the Railway Safety Act impossible to attain and is truly wishful thinking from federal legislators and regulators. For instance, the bill would mandate two-man crews and inspection by certified mechanics (instead of the train’s own conductor). The Federal Railroad Administration itself determined in 2019 that a crew-size mandate would have no effect on safety – not to mention the derailed Ohio train already had three men onboard.

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All of this to say – the long-haul livestock hauler and train conductor face the same scrutiny from the public and regulators. And for good reason - an accident in either situation can be costly at best and deadly at worst. Upholding the highest safety standards is critical to protecting U.S. citizens on the highway or railway. However, rushing to regulate transporters without considering how those rules will be implemented is a disservice to all involved and all those adversely affected in East Palestine.

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In committee remarks earlier this year, Senator Ted Cruz (R-TX) offered critical analysis of the Railway Safety Act.

“I remain concerned that this bill is overly and needlessly prescriptive in certain places,” he said. “The many regulatory requirements of this bill would always carry some risk of harm to our supply chain and increased cost to American consumers… the burdens on moving these commodities would carry over to the many other trains in the rail network that carry crops and building materials and cars to market.”

Just as Senator Cruz helped the livestock industry navigate Hours-of-Service (HOS) reform, the Independent Cattlemen’s Association of Texas would like to thank the Senator for his commonsense approach to these to critical supply chain and transportation industries.

Author Bio: Cooper Little is the Executive Director of Independent Cattlemen’s Association of Texas.