UPDATE: June 11, 2018: A Virginia grand jury has indicted the driver of the refuse truck that was struck by an Amtrak train in January, charging Dana W. Naylor Jr. with one count of involuntary manslaughter and one count of DUI maiming — though which intoxicant allegedly used by the driver has not been disclosed.

The deceased passenger was Time Disposal employee Christopher Foley. No attorney has been named to defend Naylor, according to court records examined by the Associated Press. As of June 8, the indictments were still being processed.

Dive Brief:

• A preliminary report from the National Transportation Safety Board (NTSB) says the refuse truck that was struck by an Amtrak train last month drove onto the railroad crossing after safety gates had closed, according to witnesses. Data from the train's front-facing camera show the refuse truck on the grade crossing as it comes into view.
• The train, carrying Congressional Republicans to a retreat in West Virginia, was traveling about 61 mph through Crozet, VA, when the engineer hit the emergency brakes. The train hit the left rear of the refuse truck, which caused the truck to rotate counterclockwise and collide with a railroad bungalow next to the tracks. The refuse container separated from the body of the truck, ejecting two passengers. One passenger died; the driver and other passenger sustained injuries. 
• The truck in question belonged to Time Disposal, a small, regional hauler. Solid Waste Association of North America CEO David Biderman called the preliminary results "a sobering reminder that we need to provide better safety training and resources to small haulers in the industry" in an email to Waste Dive.

Dive Insight:

Due to the ongoing nature of the investigation, the NTSB has not yet publicly released its determination of probable cause, nor has it released recommendations for preventing similar accidents in the future. Based on the way the agency operates, determination of cause must come before preventative information. Current findings are only preliminary, begging caution toward drawing definitive conclusions about driver behavior or ultimate responsibility.

The NTSB notes in its report it is continuing to investigate as it relates to the graded railway crossing, and that this will include further interviews with witnesses and further examination of data, including driver and train crew experience.

While it may be too soon for a government body to issue recommendations and definitively state the probable cause of this incident, it is not too soon for the industry to use this moment as a rallying point for safety. Public awareness and policy action, such as "Slow Down to Get Around" legislation, is valuable, as is continued focus on safe driving and vehicle maintenance.

Properly maintaining a fleet of vehicles and keeping drivers, helpers and other frontline workers trained is a time-consuming effort, an investment some small operations may not always have resources to contribute toward. Recent efforts to help offset that reality include the Business Integrity Commission in New York City releasing a "Trade Waste Safety Manual" and SWANA starting a small hauler outreach program through its chapter-based Safety Ambassadors.