Railways quietly withdrew request to cut safety inspections following Lac-Mégantic disaster

It's getting harder not to surrender to cynicism about how big business operates in Canada after learning the railway industry sought to cut back inspection of rail cars carrying dangerous goods before the Lac-Mégantic disaster, shelved it afterward and then denied it had even made the request.

Some digging by CBC News has unearthed correspondence between the Railway Association of Canada and the federal transport minister requesting Ottawa repeal rules requiring certified inspectors to examine crucial rail-car components such as brakes, axles and wheels before loading dangerous or explosive cargoes.

In a March 25 letter to railway unions serving notice it would be requesting the change, the association argued the requirement cars be checked at the nearest safety inspection location prior to loading was redundant.

"Inspections on these types of cars are carried out under many different scenarios including wayside inspection detectors, wheel impact detectors and cold wheel set detectors; therefore this is merely an overlay," the letter obtained by CBC News says.

"The RAC (association) has conducted an industry risk assessment to determine the level of risk to safety by removing this portion of the rule. The assessment supported industries' position that there are a number of other safety measures in place to mitigate any risks associated to the removal of (the rule). Therefore the RAC feels that the removal ... would not pose a threat to safety and should be repealed."

[ Related: CN Rail argued against emergency provision after Lac-Megantic ]

In replies to the association, the Canadian Auto Workers (now Unifor) and the Teamsters Canada both said they opposed the rule change and questioned the industry's reliance on automated detection technology.

Teamsters official Robert D. Smith, in his May 21 reply, referred to the growing volume of oil shipments and a spate of recent derailments causing spills that "have heightened concerns about the environmental impact of rail shipments.

“This is therefore not the time to be considering a relaxation of rules ... but rather a time to maintain that which is in place to safeguard these increased movements," Smith wrote.

But the association filed the request anyway on June 7, a month before the brakes on a parked, unattended 72-car train carrying what turned out to be highly explosive crude oil failed. It rolled downhill into the centre of Lac-Mégantic, where it derailed and exploded, killing 47 people.

Twelve days later, the association wrote to Transport Canada's director general of rail safety, saying that after discussions with the department "we both feel there is more work to be done in this area. As such, we would ask that you rescind our filing and we will revisit this matter at a future date."

In other words: Nevermind.

CBC News said the association last month twice denied it had ever sought to repeal the inspection rule. When confronted with the letters, an association spokesman started tap-dancing.

“The RAC proposed language to modify the rules,” including a proposal to remove an inspection on dangerous-goods cars before loading, Paul Goyette told CBC News in a statement.

“In some instances, depending on route and railways involved, it might result in the elimination of a redundant inspection, but that would not have any direct impact on safety based on industry research, study and science.”

[ Related: Getting TSB recommendations implemented won't be easy ]

But, Goyette said, in light of the Lac-Mégantic disaster and in the interest of safety, the association withdrew its request.

Transport Minister Lisa Raitt, who moved into the portfolio just days after the disaster, on Wednesday acknowledged the sequence of events.

"The RAC withdrew their pitch to reduce inspections and it’s a good thing they did, because I would have never allowed this to happen," she told CBC News.

CBC News said Transportation Safety Board (TSB) data it obtained suggest a third of all problems with dangerous-goods cars were detected through inspections.

The TSB last month brought down a number of recommendations in the wake of Lac-Mégantic toughen standards for tank cars carrying volatile goods, better route planning and improved emergency response.

But the day-to-day safety of dangerous-goods shipments is in the hands of the railways and Transport Canada. CBC News said the department would not reveal how many of its inspectors were dedicated to checking dangerous-goods cars and whether they personally conduct inspections or simply police the railways' own inspection programs.

Canadians take on faith that the safety of this country's critical infrastructure, whether it's railways, pipelines, bridges or highway overpasses, is being monitored and problems dealt with.

That trust can be undermined if we start to think safety has been reduced to a cost-benefit equation, whether it's a company eeking out a few more dollars of profit or a government looking to shave a departmental budget.