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House Journal: Page 584: Monday, March 5, 2001

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1 qualified railroad locomotive engineer. The other
2 individual shall be either a qualified railroad
3 locomotive engineer or a qualified railroad
4 trainperson. The qualified railroad locomotive
5 engineer shall be present in the cab and operate the
6 control locomotive at all times that the railroad
7 train or locomotive is in motion. The other crew
8 member shall be present in the cab at all times the
9 railroad train or locomotive is in motion, but may
10 dismount the railroad train or locomotive when
11 necessary to perform switching activities and other
12 job-related duties. However, this subsection shall
13 not apply to the extent that it is contrary to or
14 inconsistent with a regulation or order of the federal
15 railroad administration.
16 3. The director may, pursuant to rules adopted by
17 the department, grant an exception to the requirements
18 of subsection 2 if the director determines that the
19 exception will not endanger the life or property of
20 any person.
21 4. a person who violates this section is, upon
22 conviction for a first offense, subject to a schedule
23 "one" penalty as provided under section 327C.5. A
24 person who violates this section is, upon conviction
25 for a second offense committed within three years of
26 the first offense, subject to a schedule "two" penalty
27 as provided under section 327C.5. a person who
28 violates this section is, upon conviction for a third
29 or subsequent offense committed within three years of
30 the first offense, subject to a schedule "three"
31 penalty as provided under section 327C.5.
32 Sec. . NEW SECTION. 327F.32 RAILROAD
33 ACCIDENTS - EMPLOYEE LEAVE AND TRAUMA COUNSELING.
34 1. a railroad company shall make trauma counseling
35 available to an employee of the railroad company
36 involved in an accident on a railway or right of way
37 under the control of the company if the accident
38 results in the death of or serious bodily injury to a
39 person. The counseling shall be made available to the
40 employee within forty-eight hours of the accident.
41 2. An employee involved in an accident described
42 in subsection 1 shall be given leave from duty with
43 compensation and applicable benefits for a minimum of
44 three days following the accident. If the railroad
45 company makes an affirmative showing that the accident
46 was due to the negligence or willful act of an
47 employee involved in an accident described in
48 subsection 1, the leave provided to the employee who
49 acted negligently or willfully may be provided without
50 compensation and benefits.


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