Text: HF02462 Text: HF02464 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327F.32 RAILROAD ACCIDENTS –
1 2 EMPLOYEE LEAVE AND TRAUMA COUNSELING.
1 3 1. A railroad company shall make trauma counseling
1 4 available to an employee of the railroad company involved in
1 5 an accident on a railway or right-of-way under the control of
1 6 the company if the accident results in the death of or serious
1 7 bodily injury to a person. The counseling shall be made
1 8 available to the employee within forty-eight hours of the
1 9 accident.
1 10 2. An employee involved in an accident described in
1 11 subsection 1 shall be given leave from duty with compensation
1 12 and applicable benefits for a minimum of three days following
1 13 the accident. If the railroad company makes an affirmative
1 14 showing that the accident was due to the negligence or willful
1 15 act of an employee involved in an accident described in
1 16 subsection 1, the leave provided to the employee who acted
1 17 negligently or willfully may be provided without compensation
1 18 and benefits.
1 19 3. An engineer returning to duty following leave provided
1 20 pursuant to subsection 2 shall, upon request, be assigned an
1 21 assistant engineer or other qualified person to accompany the
1 22 engineer for such time as may be necessary to guarantee the
1 23 public safety or until a qualified medical practitioner
1 24 determines that the engineer does not suffer from a
1 25 posttraumatic stress disorder.
1 26 4. The director shall adopt rules for administration and
1 27 enforcement of this section.
1 28 EXPLANATION
1 29 This bill requires that a railroad company must make trauma
1 30 counseling available to an employee who is involved in an
1 31 accident on a railway or right-of-way under the company's
1 32 control if the accident results in serious bodily injury to a
1 33 person or death of a person. The employee is to be given
1 34 three days' leave with compensation and benefits. However, if
1 35 the railroad company makes an affirmative showing that the
2 1 accident was due to the negligence or a willful act of the
2 2 employee, the leave may be provided without compensation and
2 3 benefits.
2 4 At the employee's request, the railroad company shall
2 5 assign an assistant engineer or other qualified person to
2 6 accompany an engineer returning from leave after an accident
2 7 for as long as is necessary to guarantee the public safety, or
2 8 until a qualified medical practitioner determines that the
2 9 engineer is not suffering from posttraumatic stress disorder.
2 10 LSB 6048YH 80
2 11 dea/gg/14
Text: HF02462 Text: HF02464 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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