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
© 2001 Cornell College and League of Women Voters of Iowa
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