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Senate File 249 - IntroducedA Bill ForAn Act 1relating to the construction and maintenance of walkways
2in railroad yards, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.37 Railroad yard walkways —
2penalty.
31. Scope. This section applies to all railroad tracks and
4walkways in railroad yards in this state. This section does
5not apply to tracks or walkways constructed in an industry yard
6owned by an entity other than a railroad corporation.
72. Definitions. As used in this section, unless the context
8otherwise requires:
9a. “Department” means the state department of
10transportation.
11b. “Frequently” means at least one shift per day for
12five days per week, or any other period the department deems
13frequent enough to warrant an order pursuant to subsection 5.
14c. “Good cause” includes but is not limited to a showing
15that compliance with this section will impose an undue hardship
16on the railroad corporation.
173. Standard. A railroad corporation shall provide walkways
18adjacent to those portions of railroad yard tracks where
19railroad employees frequently perform switching activities.
204. General requirements and recommendations.
21a. (1) Walkways may be surfaced with asphalt, concrete,
22planking, grating, native material, crushed material, or
23other similar material. Where crushed material is used, one
24hundred percent of the material shall be capable of passing
25through a one and one-half inch square sieve opening, and not
26less than ninety percent of the material shall be capable of
27passing through a one-inch square sieve opening. A de minimus
28variation from these requirements shall not be a violation
29of this section in instances where the railroad corporation
30has made a good-faith effort to comply with the percentage
31requirements of this subparagraph.
32(2) Crushed material smaller than that described in
33subparagraph (1) shall be used whenever practicable, especially
34in places where drainage and durability issues do not exist.
35Material capable of passing through a three-fourths inch square
-1-1sieve opening or smaller is recommended for switching lead
2tracks.
3b. Walkways shall have a reasonably uniform surface and
4be maintained in a safe condition without compromising track
5drainage.
6c. Cross slopes for walkways shall not exceed one inch of
7elevation for each eight inches of horizontal length in any
8direction.
9d. Walkways shall be at least two feet wide.
10e. Walkways shall be kept reasonably free of spilled fuel
11oil, sand, posts, vegetation, nonballast rocks, and other
12hazards or obstructions.
135. Other tracks. If the department finds, after notice
14and hearing, that railroad employees who frequently perform
15switching activities adjacent to a portion of track are exposed
16to safety hazards due to the lack of a walkway or due to the
17condition of a walkway constructed before July 1, 2019, the
18department may do one of the following:
19a. Order a railroad corporation to construct a walkway
20adjacent to a portion of track where railroad employees
21frequently perform switching activities.
22b. Require a railroad corporation to modify an existing
23walkway to conform with subsections 3 and 4 within a reasonable
24period of time.
256. Compliance. A railroad corporation is excused from
26complying with this section under the following circumstances:
27a. During maintenance activities.
28b. In the event of a derailment.
29c. During periods of heavy rain, snow, or similar weather
30conditions, and for a reasonable time after such conditions
31subside to allow a return to compliance.
32d. In the event of a rock slide, earth slide, washout, or
33similar seismic conditions, and for a reasonable time after
34such conditions subside to allow a return to compliance.
357. Waiver. A railroad corporation may petition the
-2-1department for a waiver of any provision of this section. The
2department may grant a waiver of any provision of this section
3where the railroad corporation shows good cause.
48. Enforcement.
5a. A person alleging a violation of this section shall
6attempt to address the allegation with the railroad corporation
7by making a written complaint to the railroad corporation. No
8later than thirty days after receiving the written complaint,
9the railroad corporation shall respond in writing to the person
10alleging the violation, describing what action, if any, the
11railroad corporation intends to take to correct the alleged
12violation. If the railroad corporation does not respond in
13writing to the person alleging the violation within thirty days
14of receiving the complaint, or does not correct the alleged
15violation within ninety days of receiving the complaint, the
16person may file a formal complaint with the department.
17b. A formal complaint to the department shall contain a
18copy of the written complaint made to the railroad corporation
19under paragraph “a”, and a copy of the railroad corporation’s
20written response, if any. No later than ten days after
21receiving the formal complaint, the department shall send
22written notification to the railroad corporation informing it
23of the complaint and its duties under this paragraph. No later
24than thirty days after receiving written notification, the
25railroad corporation shall either correct the alleged violation
26or contest the complaint. If the railroad corporation contests
27the complaint, the department shall inspect the area of the
28alleged violation. Upon inspection, if the department finds
29that a violation exists, the department shall issue an order
30requiring the railroad corporation to correct the violation
31within thirty days of receipt of the order. Upon inspection,
32if the department finds that a violation does not exist,
33the department shall deny the complaint and send written
34notification to the parties informing them of the denial.
35c. A party to the complaint may appeal the department’s
-3-1decision by filing an appeal with the department of inspections
2and appeals within ten days of being notified of the
3department’s decision. The department of inspections and
4appeals shall render a decision on the appeal and notify the
5parties of the decision in writing no more than fifteen days
6after the appeal was filed. Judicial review of the decision
7of the department of inspections and appeals may be sought in
8accordance with chapter 17A.
99. Penalty. A railroad corporation who violates this
10section commits a “schedule one” violation punishable
11under section 327C.5. Each day a violation exists shall be
12considered a separate violation.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill establishes standards and requirements for the
17construction and maintenance of walkways in railroad yards.
18The provisions of the bill apply to all tracks and walkways in
19railroad yards in this state, but do not apply to tracks or
20walkways in an industry yard owned by an entity other than a
21railroad corporation.
22The bill establishes a standard requirement for railroad
23corporations to provide walkways adjacent to portions of
24railroad yard tracks where railroad employees perform switching
25activities at least one shift per day for five days per week.
26The bill provides recommendations and requirements for the
27type of material used for the walkways. In addition, the
28bill requires that walkways be at least two feet wide, with
29cross slopes of not more than one inch of elevation for each
30eight inches of length in any direction. Walkways must have
31a reasonably uniform surface, be maintained in safe condition
32without compromising track drainage, and be kept reasonably
33free of spilled fuel oil, sand, posts, vegetation, nonballast
34rocks, and other hazards and obstructions.
35Following an administrative hearing, the department of
-4-1transportation (DOT) may order a railroad corporation to
2construct a walkway or alter a preexisting walkway to conform
3with the new requirements where the lack of a walkway or
4the condition of a walkway poses a safety hazard to railroad
5employees.
6The bill excuses a railroad corporation from compliance with
7walkway requirements during maintenance activities, in the
8event of a derailment, during certain weather conditions, in
9certain seismic conditions, and for a reasonable time after
10such weather or seismic conditions subside to allow a return
11to compliance.
12The DOT may grant a waiver of any provision of the bill to a
13railroad corporation upon a showing of good cause, including
14but not limited to a showing that compliance with the bill will
15impose an undue hardship on the railroad corporation.
16A person who alleges a violation of the requirements of the
17bill must address the allegation with the railroad corporation
18by making a written complaint. If the railroad corporation
19does not respond to the complaint within 30 days, or does
20not resolve the alleged violation within 90 days, the person
21may file a formal complaint with the DOT. The DOT shall
22notify the railroad corporation of the complaint, and the
23railroad corporation has 30 days in which to respond, either
24by correcting the alleged violation or by contesting the
25complaint. If the railroad corporation contests the complaint,
26the DOT is required to inspect the area of the alleged
27violation. Upon a finding that a violation exists, the DOT
28must order the railroad corporation to correct the violation
29within 30 days of receipt of the order. If, following the
30inspection, the DOT finds that no violation exists, it must
31notify the parties to the complaint that the complaint is
32denied.
33A party to the complaint may appeal the DOT’s decision by
34filing an appeal with the department of inspections and appeals
35and judicial review of the decision of the department of
-5-1inspections and appeals may be sought according to Code chapter
217A (Iowa administrative procedure Act).
3A violation of the bill’s provisions is a schedule one
4violation, punishable by a $100 fine for each day a violation
5exists.
-6-ns/rh
2in railroad yards, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.37 Railroad yard walkways —
2penalty.
31. Scope. This section applies to all railroad tracks and
4walkways in railroad yards in this state. This section does
5not apply to tracks or walkways constructed in an industry yard
6owned by an entity other than a railroad corporation.
72. Definitions. As used in this section, unless the context
8otherwise requires:
9a. “Department” means the state department of
10transportation.
11b. “Frequently” means at least one shift per day for
12five days per week, or any other period the department deems
13frequent enough to warrant an order pursuant to subsection 5.
14c. “Good cause” includes but is not limited to a showing
15that compliance with this section will impose an undue hardship
16on the railroad corporation.
173. Standard. A railroad corporation shall provide walkways
18adjacent to those portions of railroad yard tracks where
19railroad employees frequently perform switching activities.
204. General requirements and recommendations.
21a. (1) Walkways may be surfaced with asphalt, concrete,
22planking, grating, native material, crushed material, or
23other similar material. Where crushed material is used, one
24hundred percent of the material shall be capable of passing
25through a one and one-half inch square sieve opening, and not
26less than ninety percent of the material shall be capable of
27passing through a one-inch square sieve opening. A de minimus
28variation from these requirements shall not be a violation
29of this section in instances where the railroad corporation
30has made a good-faith effort to comply with the percentage
31requirements of this subparagraph.
32(2) Crushed material smaller than that described in
33subparagraph (1) shall be used whenever practicable, especially
34in places where drainage and durability issues do not exist.
35Material capable of passing through a three-fourths inch square
-1-1sieve opening or smaller is recommended for switching lead
2tracks.
3b. Walkways shall have a reasonably uniform surface and
4be maintained in a safe condition without compromising track
5drainage.
6c. Cross slopes for walkways shall not exceed one inch of
7elevation for each eight inches of horizontal length in any
8direction.
9d. Walkways shall be at least two feet wide.
10e. Walkways shall be kept reasonably free of spilled fuel
11oil, sand, posts, vegetation, nonballast rocks, and other
12hazards or obstructions.
135. Other tracks. If the department finds, after notice
14and hearing, that railroad employees who frequently perform
15switching activities adjacent to a portion of track are exposed
16to safety hazards due to the lack of a walkway or due to the
17condition of a walkway constructed before July 1, 2019, the
18department may do one of the following:
19a. Order a railroad corporation to construct a walkway
20adjacent to a portion of track where railroad employees
21frequently perform switching activities.
22b. Require a railroad corporation to modify an existing
23walkway to conform with subsections 3 and 4 within a reasonable
24period of time.
256. Compliance. A railroad corporation is excused from
26complying with this section under the following circumstances:
27a. During maintenance activities.
28b. In the event of a derailment.
29c. During periods of heavy rain, snow, or similar weather
30conditions, and for a reasonable time after such conditions
31subside to allow a return to compliance.
32d. In the event of a rock slide, earth slide, washout, or
33similar seismic conditions, and for a reasonable time after
34such conditions subside to allow a return to compliance.
357. Waiver. A railroad corporation may petition the
-2-1department for a waiver of any provision of this section. The
2department may grant a waiver of any provision of this section
3where the railroad corporation shows good cause.
48. Enforcement.
5a. A person alleging a violation of this section shall
6attempt to address the allegation with the railroad corporation
7by making a written complaint to the railroad corporation. No
8later than thirty days after receiving the written complaint,
9the railroad corporation shall respond in writing to the person
10alleging the violation, describing what action, if any, the
11railroad corporation intends to take to correct the alleged
12violation. If the railroad corporation does not respond in
13writing to the person alleging the violation within thirty days
14of receiving the complaint, or does not correct the alleged
15violation within ninety days of receiving the complaint, the
16person may file a formal complaint with the department.
17b. A formal complaint to the department shall contain a
18copy of the written complaint made to the railroad corporation
19under paragraph “a”, and a copy of the railroad corporation’s
20written response, if any. No later than ten days after
21receiving the formal complaint, the department shall send
22written notification to the railroad corporation informing it
23of the complaint and its duties under this paragraph. No later
24than thirty days after receiving written notification, the
25railroad corporation shall either correct the alleged violation
26or contest the complaint. If the railroad corporation contests
27the complaint, the department shall inspect the area of the
28alleged violation. Upon inspection, if the department finds
29that a violation exists, the department shall issue an order
30requiring the railroad corporation to correct the violation
31within thirty days of receipt of the order. Upon inspection,
32if the department finds that a violation does not exist,
33the department shall deny the complaint and send written
34notification to the parties informing them of the denial.
35c. A party to the complaint may appeal the department’s
-3-1decision by filing an appeal with the department of inspections
2and appeals within ten days of being notified of the
3department’s decision. The department of inspections and
4appeals shall render a decision on the appeal and notify the
5parties of the decision in writing no more than fifteen days
6after the appeal was filed. Judicial review of the decision
7of the department of inspections and appeals may be sought in
8accordance with chapter 17A.
99. Penalty. A railroad corporation who violates this
10section commits a “schedule one” violation punishable
11under section 327C.5. Each day a violation exists shall be
12considered a separate violation.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill establishes standards and requirements for the
17construction and maintenance of walkways in railroad yards.
18The provisions of the bill apply to all tracks and walkways in
19railroad yards in this state, but do not apply to tracks or
20walkways in an industry yard owned by an entity other than a
21railroad corporation.
22The bill establishes a standard requirement for railroad
23corporations to provide walkways adjacent to portions of
24railroad yard tracks where railroad employees perform switching
25activities at least one shift per day for five days per week.
26The bill provides recommendations and requirements for the
27type of material used for the walkways. In addition, the
28bill requires that walkways be at least two feet wide, with
29cross slopes of not more than one inch of elevation for each
30eight inches of length in any direction. Walkways must have
31a reasonably uniform surface, be maintained in safe condition
32without compromising track drainage, and be kept reasonably
33free of spilled fuel oil, sand, posts, vegetation, nonballast
34rocks, and other hazards and obstructions.
35Following an administrative hearing, the department of
-4-1transportation (DOT) may order a railroad corporation to
2construct a walkway or alter a preexisting walkway to conform
3with the new requirements where the lack of a walkway or
4the condition of a walkway poses a safety hazard to railroad
5employees.
6The bill excuses a railroad corporation from compliance with
7walkway requirements during maintenance activities, in the
8event of a derailment, during certain weather conditions, in
9certain seismic conditions, and for a reasonable time after
10such weather or seismic conditions subside to allow a return
11to compliance.
12The DOT may grant a waiver of any provision of the bill to a
13railroad corporation upon a showing of good cause, including
14but not limited to a showing that compliance with the bill will
15impose an undue hardship on the railroad corporation.
16A person who alleges a violation of the requirements of the
17bill must address the allegation with the railroad corporation
18by making a written complaint. If the railroad corporation
19does not respond to the complaint within 30 days, or does
20not resolve the alleged violation within 90 days, the person
21may file a formal complaint with the DOT. The DOT shall
22notify the railroad corporation of the complaint, and the
23railroad corporation has 30 days in which to respond, either
24by correcting the alleged violation or by contesting the
25complaint. If the railroad corporation contests the complaint,
26the DOT is required to inspect the area of the alleged
27violation. Upon a finding that a violation exists, the DOT
28must order the railroad corporation to correct the violation
29within 30 days of receipt of the order. If, following the
30inspection, the DOT finds that no violation exists, it must
31notify the parties to the complaint that the complaint is
32denied.
33A party to the complaint may appeal the DOT’s decision by
34filing an appeal with the department of inspections and appeals
35and judicial review of the decision of the department of
-5-1inspections and appeals may be sought according to Code chapter
217A (Iowa administrative procedure Act).
3A violation of the bill’s provisions is a schedule one
4violation, punishable by a $100 fine for each day a violation
5exists.
-6-ns/rh