S.F. 355 Section 1. NEW SECTION . 327F.1A Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of transportation. 4 2. “Director” means the director of transportation. 5 Sec. 2. NEW SECTION . 327F.37 Rail yard walkways. 6 1. Scope. This section applies to all walkways in rail 7 yards in this state. This section does not apply to tracks 8 constructed in industry yards owned by an entity other than a 9 rail carrier. 10 2. Definitions. For purposes of this section, unless the 11 context otherwise requires: 12 a. “Frequently” means at least five days per week, one shift 13 per day. 14 b. “Good cause” includes but is not limited to a showing 15 that compliance will impose an undue hardship on the rail 16 carrier. 17 3. General requirements and recommendations. 18 a. (1) Walkways may be surfaced with asphalt, concrete, 19 planking, grating, native material, crushed material, or other 20 similar material. When crushed material is used, one hundred 21 percent of the material must be capable of passing through 22 a one and one-half inch square sieve opening, and not less 23 than ninety percent of the material must be capable of passing 24 through a one-inch square sieve opening; provided that a de 25 minimus variation shall not be a violation of this section 26 in an instance where the rail carrier has made a good faith 27 effort to comply with the percentage requirements of this 28 subparagraph. 29 (2) Crushed material smaller than that described in 30 subparagraph (1) should be used whenever practicable, 31 especially in places where drainage and durability issues do 32 not exist. Material that is three-fourths inch or smaller in 33 size is recommended for switching lead tracks. 34 b. Walkways shall have a reasonably uniform surface and 35 -1- LSB 2213XS (4) 84 dea/nh 1/ 4

S.F. 355 be maintained in a safe condition without compromising track 1 drainage. 2 c. Cross slopes for walkways shall not exceed one inch of 3 elevation for each eight inches of horizontal length in any 4 direction. 5 d. Walkways shall be at least two feet wide. 6 e. Walkways shall be kept reasonably free of spilled fuel 7 oil, sand, posts, vegetation, nonballast rocks, and other 8 hazards or obstructions. 9 4. Standard. A rail carrier shall provide walkways adjacent 10 to those portions of yard tracks where rail carrier employees 11 frequently work on the ground performing switching activities. 12 5. Other tracks. 13 a. If the department finds, after notice and hearing, 14 that rail carrier employees who frequently work adjacent 15 to a portion of track performing switching activities are 16 exposed to safety hazards due to the lack of a walkway or 17 due to the condition of a walkway constructed before July 1, 18 2009, the department may order a rail carrier to construct a 19 walkway adjacent to a portion of track where employees perform 20 switching activities or require a rail carrier to modify an 21 existing walkway in conformance with subsection 4 within a 22 reasonable period of time. 23 b. For purposes of this subsection, “frequently” means 24 at least five days per week, one shift per day, or any other 25 period the department deems frequent enough to warrant an order 26 pursuant to this subsection. 27 6. Compliance. A rail carrier is excused from complying 28 with this section during maintenance activities and during 29 any period of heavy rain or snow, derailment, rock and earth 30 slides, washouts, or similar weather or seismic conditions, and 31 for a reasonable period after such conditions to allow a return 32 to compliance. 33 7. Waivers. A rail carrier may petition the department for 34 a waiver of any provision of this section for good cause shown. 35 -2- LSB 2213XS (4) 84 dea/nh 2/ 4

S.F. 355 8. Enforcement. A formal complaint of an alleged violation 1 of this section shall not be filed with the department until 2 the filing party has attempted to address the allegations with 3 the rail carrier. A complaint of an alleged violation of 4 this part shall contain a written statement that the filing 5 party has made a reasonable, good faith attempt to address the 6 alleged violation with the rail carrier. 7 9. Penalties. A rail carrier who violates this section 8 commits a “schedule one” violation. Each day a violation 9 exists shall be considered a separate violation. 10 Sec. 3. Section 327F.39, subsection 1, paragraphs a and b, 11 Code 2011, are amended by striking the paragraphs. 12 EXPLANATION 13 This bill establishes standards and requirements for the 14 construction and maintenance of walkways in rail yards. The 15 provisions of the bill apply to all walkways in rail yards in 16 this state, but do not apply to tracks in industry yards owned 17 by an entity other than a rail carrier. 18 The bill specifies that walkways may be surfaced with 19 asphalt, concrete, planking, grating, native material, crushed 20 material, or other similar material. If crushed material is 21 used, 100 percent of the material must be able to pass through 22 a one and one-half inch sieve opening, and at least 90 percent 23 of the material must be able to pass through a one-inch sieve 24 opening, with allowance for a de minimus variation. The 25 bill contains general recommendations for the use of crushed 26 material. In addition, the bill requires that walkways be 27 at least two feet wide, with cross slopes of not more than 28 one inch of elevation for each eight inches of length in any 29 direction. Walkways must have a reasonably uniform surface, 30 be maintained in safe condition without compromising track 31 drainage, and be kept reasonably free of spilled fuel oil, 32 sand, posts, vegetation, nonballast rocks, and other hazards 33 and obstructions. 34 The bill establishes a standard requirement for rail 35 -3- LSB 2213XS (4) 84 dea/nh 3/ 4

S.F. 355 carriers to provide walkways adjacent to portions of yard 1 tracks where rail carrier employees work on the ground 2 performing switching activities at least five days per week, 3 one shift per day. However, following an administrative 4 hearing, the department of transportation may order a rail 5 carrier to construct a walkway or conform a preexisting walkway 6 to the new standards along any portion of track where the lack 7 of a walkway or condition of a walkway poses a safety hazard 8 to employees performing switching activities for any period of 9 time. 10 The bill excuses a rail carrier from compliance with walkway 11 requirements during maintenance activities and during periods 12 of heavy rain or snow, derailment, rock and earth slides, 13 washouts, or other weather or seismic conditions, and for a 14 reasonable period following such an occurrence. 15 The department of transportation may grant a waiver of any 16 provision of the bill to a rail carrier upon a showing of good 17 cause, including but not limited to a showing that compliance 18 will impose an undue hardship on the rail carrier. 19 A party who alleges a violation of the requirements of the 20 bill may not file a formal complaint until the filing party has 21 made a good faith attempt to address the alleged violation with 22 the rail carrier. A violation of the bill’s provisions is a 23 “schedule one” violation, punishable by a $100 fine for each 24 day a violation exists. 25 The bill makes technical changes to Code chapter 327F to 26 codify definitions applicable to the bill and to the entire 27 Code chapter. 28 -4- LSB 2213XS (4) 84 dea/nh 4/ 4