Text: SF00219 Text: SF00221 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 88.5, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 13. TRANSPORTATION OF RAILWAY EMPLOYEES. 1 4 a. A railway corporation in this state shall not transport 1 5 railway employees in a locomotive that is not the lead 1 6 locomotive engine unless that locomotive contains adequate air 1 7 conditioning and ventilation to ensure the safety and health 1 8 of the employees. If railway employees are transported in the 1 9 lead locomotive engine, the railway corporation shall provide 1 10 the employees with adequate seating and baggage storage. 1 11 b. If adequate transportation as required in paragraph "a" 1 12 cannot be provided, the railway corporation shall provide 1 13 alternative transportation to railway employees within a 1 14 reasonable period of time. The commissioner shall adopt rules 1 15 in conformity with this subsection to ensure the safety of 1 16 transported railway employees and shall enforce the 1 17 requirements of this subsection upon the receipt of a written 1 18 complaint. 1 19 EXPLANATION 1 20 This bill requires the labor commissioner to adopt rules 1 21 concerning the transportation of railway employees on 1 22 locomotive engines as part of the state's occupational safety 1 23 and health (OSHA) standards. The bill provides that railway 1 24 employees shall not be transported in a locomotive that is not 1 25 the lead locomotive unless the nonlead locomotive is 1 26 adequately air conditioned and ventilated. The bill requires 1 27 that the transportation of employees in the lead locomotive be 1 28 adequate for the employees and that alternative transportation 1 29 be provided by the railway corporation if adequate locomotive 1 30 transportation is not available. A violation of the rules 1 31 adopted pursuant to this bill shall be dealt with in the same 1 32 manner as other OSHA complaints. Persons violating OSHA 1 33 provisions under Code chapter 88 may be subject to civil 1 34 penalties under Code section 88.14 of up to $70,000 per 1 35 violation, assessed by the labor commissioner or the 2 1 employment appeal board. In addition, a railroad corporation 2 2 who willfully violates the provisions of the bill, which 2 3 violation caused an employee's death, shall be guilty of a 2 4 serious misdemeanor upon a first conviction and of an 2 5 aggravated misdemeanor upon a second conviction. 2 6 LSB 2730SS 79 2 7 nh/gg/8
Text: SF00219 Text: SF00221 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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