Text: H01072 Text: H01074 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 324 as follows:
1 2 #1. Page 18, by inserting after line 23 the
1 3 following:
1 4 "DIVISION
1 5 RAILROADS
1 6 Sec. . NEW SECTION. 327F.8 CLOSE-CLEARANCE
1 7 WARNING DEVICES.
1 8 1. A railroad company shall place a warning device
1 9 at a location where the close-clearance between a
1 10 railway owned by the railroad company and a building,
1 11 machinery, trees, brush, or other object is such that
1 12 the building, machinery, trees, brush, or other object
1 13 physically impedes a person who is lawfully riding the
1 14 side of the train in the course of the person's duties
1 15 in service to the railroad company from clearing the
1 16 building, machinery, trees, brush, or other object.
1 17 2. The warning device shall be placed in a
1 18 location which provides adequate notice to a person
1 19 riding the side of a train so that the person may
1 20 prepare for the close-clearance.
1 21 3. Placement of a warning device pursuant to this
1 22 section does not relieve a railroad company from any
1 23 duties required under chapter 317 or section 327F.27.
1 24 4. A violation of this section is punishable as a
1 25 schedule "one" penalty under section 327C.5.
1 26 Sec. . NEW SECTION. 327F.21 RAILROAD TRAIN
1 27 CREWS.
1 28 1. As used in this section, unless the context
1 29 otherwise requires:
1 30 a. "Cab" means the crew compartment of the engine
1 31 of a railroad train or locomotive.
1 32 b. "Department" means the state department of
1 33 transportation.
1 34 c. "Director" means the director of transportation
1 35 or the director's designee.
1 36 d. "Qualified railroad locomotive engineer" means
1 37 a person who has successfully completed a railroad
1 38 carrier's training program for a train service
1 39 engineer, locomotive servicing engineer, or student
1 40 engineer and passed an examination on railroad
1 41 operation rules.
1 42 e. "Qualified railroad trainperson" means a person
1 43 who has successfully completed a railroad carrier's
1 44 training program and passed an examination on railroad
1 45 operation rules.
1 46 2. Any person operating or controlling a railroad
1 47 in this state shall not allow the operation of any
1 48 railroad train or locomotive in this state unless the
1 49 railroad train or locomotive has a crew of at least
1 50 two individuals. One of the individuals shall be a
2 1 qualified railroad locomotive engineer. The other
2 2 individual shall be either a qualified railroad
2 3 locomotive engineer or a qualified railroad
2 4 trainperson. The qualified railroad locomotive
2 5 engineer shall be present in the cab and operate the
2 6 control locomotive at all times that the railroad
2 7 train or locomotive is in motion. The other crew
2 8 member shall be present in the cab at all times the
2 9 railroad train or locomotive is in motion, but may
2 10 dismount the railroad train or locomotive when
2 11 necessary to perform switching activities and other
2 12 job-related duties. However, this subsection shall
2 13 not apply to the extent that it is contrary to or
2 14 inconsistent with a regulation or order of the federal
2 15 railroad administration.
2 16 3. The director may, pursuant to rules adopted by
2 17 the department, grant an exception to the requirements
2 18 of subsection 2 if the director determines that the
2 19 exception will not endanger the life or property of
2 20 any person.
2 21 4. A person who violates this section is, upon
2 22 conviction for a first offense, subject to a schedule
2 23 "one" penalty as provided under section 327C.5. A
2 24 person who violates this section is, upon conviction
2 25 for a second offense committed within three years of
2 26 the first offense, subject to a schedule "two" penalty
2 27 as provided under section 327C.5. A person who
2 28 violates this section is, upon conviction for a third
2 29 or subsequent offense committed within three years of
2 30 the first offense, subject to a schedule "three"
2 31 penalty as provided under section 327C.5.
2 32 Sec. . NEW SECTION. 327F.32 RAILROAD
2 33 ACCIDENTS – EMPLOYEE LEAVE AND TRAUMA COUNSELING.
2 34 1. A railroad company shall make trauma counseling
2 35 available to an employee of the railroad company
2 36 involved in an accident on a railway or right of way
2 37 under the control of the company if the accident
2 38 results in the death of or serious bodily injury to a
2 39 person. The counseling shall be made available to the
2 40 employee within forty-eight hours of the accident.
2 41 2. An employee involved in an accident described
2 42 in subsection 1 shall be given leave from duty with
2 43 compensation and applicable benefits for a minimum of
2 44 three days following the accident. If the railroad
2 45 company makes an affirmative showing that the accident
2 46 was due to the negligence or willful act of an
2 47 employee involved in an accident described in
2 48 subsection 1, the leave provided to the employee who
2 49 acted negligently or willfully may be provided without
2 50 compensation and benefits.
3 1 3. An engineer returning to duty following leave
3 2 provided pursuant to subsection 2 shall, upon request,
3 3 be assigned an assistant engineer or other qualified
3 4 person to accompany the engineer for such time as may
3 5 be necessary to guarantee the public safety or until a
3 6 qualified medical practitioner determines that the
3 7 engineer does not suffer from a posttraumatic stress
3 8 disorder.
3 9 4. The director shall adopt rules for
3 10 administration and enforcement of this section."
3 11 #2. Title page, line 2, by striking the words "and
3 12 mailing" and inserting the following: "mailing".
3 13 #3. Title page, line 3, by striking the words
3 14 "providing a penalty" and inserting the following:
3 15 "railroads, and providing penalties".
3 16 #4. By renumbering as necessary.
3 17
3 18
3 19
3 20 T. TAYLOR of Linn
3 21 HF 324.202 79
3 22 nh/gg
Text: H01072 Text: H01074 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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