Senate File 228 - Introduced SENATE FILE BY BEALL Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the construction and maintenance of walkways 2 in rail yards and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2163XS 83 5 dea/nh/5 PAG LIN 1 1 Section 1. NEW SECTION. 327F.1A DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Department" means the department of transportation. 1 5 2. "Director" means the director of transportation. 1 6 Sec. 2. NEW SECTION. 327F.37 RAIL YARD WALKWAYS. 1 7 1. SCOPE. This section applies to all walkways in rail 1 8 yards in this state. This section does not apply to tracks 1 9 constructed in industry yards owned by an entity other than a 1 10 rail carrier. 1 11 2. DEFINITIONS. For purposes of this section, unless the 1 12 context otherwise requires: 1 13 a. "Frequently" means at least five days per week, one 1 14 shift per day. 1 15 b. "Good cause" includes but is not limited to a showing 1 16 that compliance will impose an undue hardship on the rail 1 17 carrier. 1 18 3. GENERAL REQUIREMENTS AND RECOMMENDATIONS. 1 19 a. (1) Walkways may be surfaced with asphalt, concrete, 1 20 planking, grating, native material, crushed material, or other 1 21 similar material. When crushed material is used, one hundred 1 22 percent of the material must be capable of passing through a 1 23 one and one=half inch square sieve opening, and not less than 1 24 ninety percent of the material must be capable of passing 1 25 through a one=inch square sieve opening; provided that a de 1 26 minimus variation shall not be a violation of this section in 1 27 an instance where the rail carrier has made a good faith 1 28 effort to comply with the percentage requirements of this 1 29 subparagraph. 1 30 (2) Crushed material smaller than that described in 1 31 subparagraph (1) should be used whenever practicable, 1 32 especially in places where drainage and durability issues do 1 33 not exist. Material that is three=fourths inch or smaller in 1 34 size is recommended for switching lead tracks. 1 35 b. Walkways shall have a reasonably uniform surface and be 2 1 maintained in a safe condition without compromising track 2 2 drainage. 2 3 c. Cross slopes for walkways shall not exceed one inch of 2 4 elevation for each eight inches of horizontal length in any 2 5 direction. 2 6 d. Walkways shall be at least two feet wide. 2 7 e. Walkways shall be kept reasonably free of spilled fuel 2 8 oil, sand, posts, vegetation, nonballast rocks, and other 2 9 hazards or obstructions. 2 10 4. STANDARD. A rail carrier shall provide walkways 2 11 adjacent to those portions of yard tracks where rail carrier 2 12 employees frequently work on the ground performing switching 2 13 activities. 2 14 5. OTHER TRACKS. 2 15 a. If the department finds, after notice and hearing, that 2 16 rail carrier employees who frequently work adjacent to a 2 17 portion of track performing switching activities are exposed 2 18 to safety hazards due to the lack of a walkway or due to the 2 19 condition of a walkway constructed before July 1, 2009, the 2 20 department may order a rail carrier to construct a walkway 2 21 adjacent to a portion of track where employees perform 2 22 switching activities or require a rail carrier to modify an 2 23 existing walkway in conformance with subsection 4 within a 2 24 reasonable period of time. 2 25 b. For purposes of this subsection, "frequently" means at 2 26 least five days per week, one shift per day, or any other 2 27 period the department deems frequent enough to warrant an 2 28 order pursuant to this subsection. 2 29 6. COMPLIANCE. A rail carrier is excused from complying 2 30 with this section during maintenance activities and during any 2 31 period of heavy rain or snow, derailment, rock and earth 2 32 slides, washouts, or similar weather or seismic conditions, 2 33 and for a reasonable period after such conditions to allow a 2 34 return to compliance. 2 35 7. WAIVERS. A rail carrier may petition the department 3 1 for a waiver of any provision of this section for good cause 3 2 shown. 3 3 8. ENFORCEMENT. A formal complaint of an alleged 3 4 violation of this section shall not be filed with the 3 5 department until the filing party has attempted to address the 3 6 allegations with the rail carrier. A complaint of an alleged 3 7 violation of this part shall contain a written statement that 3 8 the filing party has made a reasonable, good faith attempt to 3 9 address the alleged violation with the rail carrier. 3 10 9. PENALTIES. A rail carrier who violates this section 3 11 commits a "schedule one" violation. Each day a violation 3 12 exists shall be considered a separate violation. 3 13 Sec. 3. Section 327F.39, subsection 1, paragraphs a and b, 3 14 Code 2009, are amended by striking the paragraphs. 3 15 EXPLANATION 3 16 This bill establishes standards and requirements for the 3 17 construction and maintenance of walkways in rail yards. The 3 18 provisions of the bill apply to all walkways in rail yards in 3 19 this state, but do not apply to tracks in industry yards owned 3 20 by an entity other than a rail carrier. 3 21 The bill specifies that walkways may be surfaced with 3 22 asphalt, concrete, planking, grating, native material, crushed 3 23 material, or other similar material. If crushed material is 3 24 used, 100 percent of the material must be able to pass through 3 25 a one and one=half inch sieve opening, and at least 90 percent 3 26 of the material must be able to pass through a one=inch sieve 3 27 opening, with allowance for a de minimus variation. The bill 3 28 contains general recommendations for the use of crushed 3 29 material. In addition, the bill requires that walkways be at 3 30 least two feet wide, with cross slopes of not more than one 3 31 inch of elevation for each eight inches of length in any 3 32 direction. Walkways must have a reasonably uniform surface, 3 33 be maintained in safe condition without compromising track 3 34 drainage, and be kept reasonably free of spilled fuel oil, 3 35 sand, posts, vegetation, nonballast rocks, and other hazards 4 1 and obstructions. 4 2 The bill establishes a standard requirement for rail 4 3 carriers to provide walkways adjacent to portions of yard 4 4 tracks where rail carrier employees work on the ground 4 5 performing switching activities at least five days per week, 4 6 one shift per day. However, following an administrative 4 7 hearing, the department of transportation may order a rail 4 8 carrier to construct a walkway or conform a preexisting 4 9 walkway to the new standards along any portion of track where 4 10 the lack of a walkway or condition of a walkway poses a safety 4 11 hazard to employees performing switching activities for any 4 12 period of time. 4 13 The bill excuses a rail carrier from compliance with 4 14 walkway requirements during maintenance activities and during 4 15 periods of heavy rain or snow, derailment, rock and earth 4 16 slides, washouts, or other weather or seismic conditions, and 4 17 for a reasonable period following such an occurrence. 4 18 The department of transportation may grant a waiver of any 4 19 provision of the bill to a rail carrier upon a showing of good 4 20 cause, including but not limited to a showing that compliance 4 21 will impose an undue hardship on the rail carrier. 4 22 A party who alleges a violation of the requirements of the 4 23 bill may not file a formal complaint until the filing party 4 24 has made a good faith attempt to address the alleged violation 4 25 with the rail carrier. A violation of the bill's provisions 4 26 is a "schedule one" violation, punishable by a $100 fine for 4 27 each day a violation exists. 4 28 The bill makes technical changes to Code chapter 327F to 4 29 codify definitions applicable to the bill and to the entire 4 30 Code chapter. 4 31 LSB 2163XS 83 4 32 dea/nh/5