Labor & Employment Law Daily Wrap Up, LABOR NEWS—Union groups call on the FRA to investigate AI-related failure that could have killed worker, caused disaster, (Aug 31, 2026)

By Brandi O. Brown, J.D.

In June, three dispatching software programs “failed” by authorizing a train, which was carrying hazardous materials, to enter a track occupied by a worker; a dispatcher spotted the error and averted the disaster.

Late last week, the Brotherhood of Railroad Signalmen (BRS) sent a letter to the Federal Railroad Administration (FRA), regarding a June 16, 2026, incident near Connell, Washington, involving BNSF’s AI-assisted dispatching software, that could have been disastrous. It told a local news channel that had a dispatcher not spotted it, the train, which was carrying hazardous materials, would have killed a worker and “possibly caused a significant rail disaster in Connell.”

This is at least the second letter the FRA has received from a labor association regarding the incident. In July, the American Train Dispatchers Association (ATDA) announced that it had sent a letter to the FRA regarding the incident. Specifically, the ATDA explained in a press release, “its complaint stemmed from a June 16, 2026, incident near Connell, Washington, in which multiple dispatching software programs, including AutoRouter, Movement Planner, and the Train Management Dispatch System (TMDS), failed by authorizing a train to enter track that was already occupied by a roadway worker operating under valid dispatcher-issued track authority protection.”

Potentially disastrous. According to the ATDA’s description to the FRA, the dispatcher observed the software error and successfully stopped the train before it entered the occupied track. Those actions by the dispatcher “prevented what could have been a catastrophic accident involving a designated Key Train carrying hazardous materials.”

“The train involved consisted of 146 cars, exceeded 9,400 feet in length, weighed nearly 6,500 tons, and qualified as a ‘Key Train’ because it was transporting 20 or more hazardous material cars,” ATDA explained.

Wake-up call. "This incident should serve as a wake-up call for the entire railroad industry," said ATDA President Ed Dowell. "Technology should provide an additional layer of safety, not create new hazards that dispatchers must overcome in real time. The professionalism and vigilance of one dispatcher prevented what could have been a tragedy and serves as a reminder that technology is no replacement for our highly skilled members."

ATDA's complaint alleges that each of the software systems failed in a critical safety function: Movement Planner routed the train into an occupied track; Wabtec’s AutoRouter requested the conflicting signal; and TMDS permitted a signal to be lined into track protected by dispatcher authority.

BNSF allegedly knew about it. Moreover, ATDA contends that BNSF had knowledge of the system vulnerability for approximately one year prior to the incident, and that Wabtec, the software vendor, initially estimated it would take approximately 14 months to correct.

"If defects capable of producing this type of failure are known but remain in service, that raises serious questions about risk management and regulatory oversight," Dowell said. "Railroad employees and the public deserve confidence that safety-critical technology has been thoroughly tested before it is deployed."

ATDA requested an immediate investigation, including a comprehensive audit of the software systems involved, and a meeting with both FRA leadership and the agency's Office of Chief Counsel. It also urged the FRA to prohibit the use of Wabtec's AutoRouter software until it has been independently tested and verified to operate safely.

According to other reports, BNSF has placed a pause on use of AutoRouter and is working on fixes. The Brotherhood, however, told reporters that there are other solutions that should be considered.

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