EAST PALESTINE, Ohio (NewsNation) — Just weeks after a train carrying toxic chemicals derailed in East Palestine, Ohio, some residents say they are being asked to sign contracts they fear could prevent them from suing later on.
Katlyn Schwarzwaelder and her boyfriend Chris Wells live just down the tracks from where the Norfolk Southern train derailed and released hazardous material.
Last week, Schwarzwaelder says, Norfolk Southern came by to test for toxins in her home. But before doing so, she was asked to sign a document.
“We were told they were an independent testing agency, they were escorted by the EPA,” Schwarzwaelder explained. “Before they could enter the premises, they handed us a contract. The contract was essentially to be able to get onto the property, but also at the bottom was a hold harmless agreement.”
The document states that the landowner agrees to “hold harmless Unified Command” from “any and all legal claims, personal injury or property damage.”
Schwarzwaelder says she refused to sign it.
U.S. Sen J.D. Vance of Ohio is outraged.
“I talked to a woman this morning, she told me about an indemnification agreement she was asked to sign, and I looked at it and I was in disbelief,” said Vance. “We called Norfolk Southern and the excuse they gave, which is unbelievable, was that it was an accidental indemnification agreement.”
In a statement to NewsNation, Norfolk Southern said the forms were “access agreements” so air quality testing teams could be allowed on the property. The company acknowledged that a batch of agreements contained improper language referencing indemnification.
“Those incorrect forms were immediately pulled when the problem was discovered,” Norfolk Southern said. “No one in the community has waived their legal rights against Norfolk Southern through this program or any interaction with us thus far.”
The company said it’s working with environmental contractors, as well as, state and federal partners to conduct air and water tests for residents as part of its “environmental remediation efforts.”
Since the derailment, some of the residents have complained about side effects — including Wells.
“I have symptoms myself, I know other people have been having symptoms,” said Wells, who has felt his eyes pulsating, while also experiencing tingling headaches.
The couple take care of police dogs and were forced to transfer over 30 from their home. They say four of them got sick.
“It’s nothing that a person could ever imagine experiencing,” said Schwarzwaelder. “It’s just surreal.”
Around their property, the water is green.
Industry experts say the ordeal raises serious questions about Norfolk Southern and their safety record.
“The community that these products are running through needs to be made aware of what’s going through their backyard,” said Jared Cassity, alternate national legislative director of SMART Transportation Division. “I know they (Norfolk Southern) like to brag on their past record, but that time is long gone.”
Norfolk Southern has had 111 freight train accidents in the last year, slightly down from 125 the year prior. That makes them one of the worst freight railroads in terms of safety.
On Wednesday evening, East Palestine community members gathered for what was supposed to be a moderated town hall meeting. After reportedly pushing to change the format to an open house, representatives for Norfolk Southern did not attend the gathering, citing concerns for employee safety.
“They’re worried about their safety, but they aren’t worried about our safety,” said Schwarzwaelder.