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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