Text: HF00738 Text: HF00740 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 327F.32 RAILROAD ACCIDENTS 1 2 EMPLOYEE LEAVE AND TRAUMA COUNSELING. 1 3 1. A railroad company shall make trauma counseling 1 4 available to an employee of the railroad company involved in 1 5 an accident on a railway or right of way under the control of 1 6 the company if the accident results in the death of or serious 1 7 bodily injury to a person. The counseling shall be made 1 8 available to the employee within forty-eight hours of the 1 9 accident. 1 10 2. An employee involved in an accident described in 1 11 subsection 1 shall be given leave from duty with compensation 1 12 and applicable benefits for a minimum of three days following 1 13 the accident. If the railroad company makes an affirmative 1 14 showing that the accident was due to the negligence or willful 1 15 act of an employee involved in an accident described in 1 16 subsection 1, the leave provided to the employee who acted 1 17 negligently or willfully may be provided without compensation 1 18 and benefits. 1 19 3. An engineer returning to duty following leave provided 1 20 pursuant to subsection 2 shall, upon request, be assigned an 1 21 assistant engineer or other qualified person to accompany the 1 22 engineer for such time as may be necessary to guarantee the 1 23 public safety or until a qualified medical practitioner 1 24 determines that the engineer does not suffer from a 1 25 posttraumatic stress disorder. 1 26 4. The director shall adopt rules for administration and 1 27 enforcement of this section. 1 28 EXPLANATION 1 29 This bill requires a railroad company to provide trauma 1 30 counseling and leave to railroad employees involved in an 1 31 accident on a railway or railroad right of way if the accident 1 32 involved the death of or serious bodily injury to a person. 1 33 The counseling shall be made available within 48 hours of an 1 34 accident. The leave shall be for a minimum of three days 1 35 following the accident and shall be provided with compensation 2 1 and benefits unless the railroad company shows that the 2 2 accident was due to the negligence or willful act of the 2 3 employee. 2 4 The bill also provides that an engineer to whom leave was 2 5 provided under the bill shall, upon returning to duty, be 2 6 assigned an assistant engineer or other qualified person to 2 7 accompany the engineer if the engineer so requests. The 2 8 assistant engineer or other qualified person shall accompany 2 9 the engineer for such time as may be necessary to guarantee 2 10 the public safety or until a qualified medical practitioner 2 11 determines that the engineer does not suffer from a 2 12 posttraumatic stress disorder. 2 13 LSB 2651HH 78 2 14 nh/cf/24
Text: HF00738 Text: HF00740 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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