Text: SF00219                           Text: SF00221
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 220

Partial Bill History

Bill Text

  1  1    Section 1.  Section 88.5, Code 2001, is amended by adding
  1  2 the following new subsection:
  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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