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House File 183 - 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, 2021, 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 any of the following
27circumstances:
28a. During maintenance activities.
29b. In the event of a derailment.
30c. During periods of heavy rain, snow, or similar weather
31conditions, and for a reasonable time after such conditions
32subside to allow a return to compliance.
33d. In the event of a rock slide, earth slide, washout, or
34similar seismic conditions, and for a reasonable time after
35such conditions subside to allow a return to compliance.
-2- 17. Waiver. A railroad corporation may petition the
2department for a waiver of any provision of this section. The
3department may grant a waiver of any provision of this section
4where the railroad corporation shows good cause.
58. Enforcement.
6a. A person alleging a violation of this section shall
7attempt to address the allegation with the railroad corporation
8by making a written complaint to the railroad corporation. No
9later than thirty days after receiving the written complaint,
10the railroad corporation shall respond in writing to the
11person alleging the violation, describing what action, if
12any, the railroad corporation intends to take, or has already
13taken, to correct the alleged violation. If the railroad
14corporation does not respond in writing to the person alleging
15the violation within thirty days of receiving the complaint, or
16does not correct the alleged violation within ninety days of
17receiving the complaint, the person may file a formal complaint
18with the department.
19b. A formal complaint to the department shall contain a
20copy of the written complaint made to the railroad corporation
21under paragraph “a”, and a copy of the railroad corporation’s
22written response, if any. No later than ten days after
23receiving the formal complaint, the department shall send
24written notification to the railroad corporation informing it
25of the complaint and its duties under this paragraph. No later
26than thirty days after receiving written notification, the
27railroad corporation shall either correct the alleged violation
28or contest the complaint. If the railroad corporation contests
29the complaint, the department shall inspect the area of the
30alleged violation. Upon inspection, if the department finds
31that a violation exists, the department shall issue an order
32requiring the railroad corporation to correct the violation
33within thirty days of receipt of the order. Upon inspection,
34if the department finds that a violation does not exist,
35the department shall deny the complaint and send written
-3-1notification to the parties informing them of the denial.
2c. A party to the complaint may appeal the department’s
3decision by filing an appeal with the department of inspections
4and appeals within ten days of being notified of the
5department’s decision. The department of inspections and
6appeals shall render a decision on the appeal and notify the
7parties of the decision in writing no more than fifteen days
8after the appeal was filed. Judicial review of the decision
9of the department of inspections and appeals may be sought in
10accordance with chapter 17A.
119. Penalty. A railroad corporation who violates this
12section commits a “schedule one” violation punishable
13under section 327C.5. Each day a violation exists shall be
14considered a separate violation.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill establishes standards and requirements for the
19construction and maintenance of walkways in railroad yards.
20The provisions of the bill apply to all tracks and walkways in
21railroad yards in this state, but do not apply to tracks or
22walkways in an industry yard owned by an entity other than a
23railroad corporation.
24The bill establishes a standard requirement for railroad
25corporations to provide walkways adjacent to portions of
26railroad yard tracks where railroad employees perform switching
27activities at least one shift per day for five days per week.
28The bill provides recommendations and requirements for the
29type of material used for the walkways. In addition, the
30bill requires that walkways be at least two feet wide, with
31cross slopes of not more than one inch of elevation for each
32eight inches of length in any direction. Walkways must have
33a reasonably uniform surface, be maintained in safe condition
34without compromising track drainage, and be kept reasonably
35free of spilled fuel oil, sand, posts, vegetation, nonballast
-4-1rocks, and other hazards and obstructions.
2Following an administrative hearing, the department of
3transportation (DOT) may order a railroad corporation to
4construct a walkway or alter a preexisting walkway to conform
5with the new requirements where the lack of a walkway or
6the condition of a walkway poses a safety hazard to railroad
7employees.
8The bill excuses a railroad corporation from compliance with
9walkway requirements during maintenance activities, in the
10event of a derailment, during certain weather conditions, in
11certain seismic conditions, and for a reasonable time after
12such weather or seismic conditions subside to allow a return
13to compliance.
14The DOT may grant a waiver of any provision of the bill to a
15railroad corporation upon a showing of good cause, including
16but not limited to a showing that compliance with the bill will
17impose an undue hardship on the railroad corporation.
18A person who alleges a violation of the requirements of the
19bill must address the allegation with the railroad corporation
20by making a written complaint. If the railroad corporation
21does not respond to the complaint within 30 days, or does
22not resolve the alleged violation within 90 days, the person
23may file a formal complaint with the DOT. The DOT shall
24notify the railroad corporation of the complaint, and the
25railroad corporation has 30 days in which to respond, either
26by correcting the alleged violation or by contesting the
27complaint. If the railroad corporation contests the complaint,
28the DOT is required to inspect the area of the alleged
29violation. Upon a finding that a violation exists, the DOT
30must order the railroad corporation to correct the violation
31within 30 days of receipt of the order. If, following the
32inspection, the DOT finds that no violation exists, it must
33notify the parties to the complaint that the complaint is
34denied.
35A party to the complaint may appeal the DOT’s decision by
-5-1filing an appeal with the department of inspections and appeals
2and judicial review of the decision of the department of
3inspections and appeals may be sought according to Code chapter
417A (Iowa administrative procedure Act).
5A violation of the bill’s provisions is a schedule one
6violation, punishable by a $100 fine for each day a violation
7exists.
-6-th/ns
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, 2021, 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 any of the following
27circumstances:
28a. During maintenance activities.
29b. In the event of a derailment.
30c. During periods of heavy rain, snow, or similar weather
31conditions, and for a reasonable time after such conditions
32subside to allow a return to compliance.
33d. In the event of a rock slide, earth slide, washout, or
34similar seismic conditions, and for a reasonable time after
35such conditions subside to allow a return to compliance.
-2- 17. Waiver. A railroad corporation may petition the
2department for a waiver of any provision of this section. The
3department may grant a waiver of any provision of this section
4where the railroad corporation shows good cause.
58. Enforcement.
6a. A person alleging a violation of this section shall
7attempt to address the allegation with the railroad corporation
8by making a written complaint to the railroad corporation. No
9later than thirty days after receiving the written complaint,
10the railroad corporation shall respond in writing to the
11person alleging the violation, describing what action, if
12any, the railroad corporation intends to take, or has already
13taken, to correct the alleged violation. If the railroad
14corporation does not respond in writing to the person alleging
15the violation within thirty days of receiving the complaint, or
16does not correct the alleged violation within ninety days of
17receiving the complaint, the person may file a formal complaint
18with the department.
19b. A formal complaint to the department shall contain a
20copy of the written complaint made to the railroad corporation
21under paragraph “a”, and a copy of the railroad corporation’s
22written response, if any. No later than ten days after
23receiving the formal complaint, the department shall send
24written notification to the railroad corporation informing it
25of the complaint and its duties under this paragraph. No later
26than thirty days after receiving written notification, the
27railroad corporation shall either correct the alleged violation
28or contest the complaint. If the railroad corporation contests
29the complaint, the department shall inspect the area of the
30alleged violation. Upon inspection, if the department finds
31that a violation exists, the department shall issue an order
32requiring the railroad corporation to correct the violation
33within thirty days of receipt of the order. Upon inspection,
34if the department finds that a violation does not exist,
35the department shall deny the complaint and send written
-3-1notification to the parties informing them of the denial.
2c. A party to the complaint may appeal the department’s
3decision by filing an appeal with the department of inspections
4and appeals within ten days of being notified of the
5department’s decision. The department of inspections and
6appeals shall render a decision on the appeal and notify the
7parties of the decision in writing no more than fifteen days
8after the appeal was filed. Judicial review of the decision
9of the department of inspections and appeals may be sought in
10accordance with chapter 17A.
119. Penalty. A railroad corporation who violates this
12section commits a “schedule one” violation punishable
13under section 327C.5. Each day a violation exists shall be
14considered a separate violation.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill establishes standards and requirements for the
19construction and maintenance of walkways in railroad yards.
20The provisions of the bill apply to all tracks and walkways in
21railroad yards in this state, but do not apply to tracks or
22walkways in an industry yard owned by an entity other than a
23railroad corporation.
24The bill establishes a standard requirement for railroad
25corporations to provide walkways adjacent to portions of
26railroad yard tracks where railroad employees perform switching
27activities at least one shift per day for five days per week.
28The bill provides recommendations and requirements for the
29type of material used for the walkways. In addition, the
30bill requires that walkways be at least two feet wide, with
31cross slopes of not more than one inch of elevation for each
32eight inches of length in any direction. Walkways must have
33a reasonably uniform surface, be maintained in safe condition
34without compromising track drainage, and be kept reasonably
35free of spilled fuel oil, sand, posts, vegetation, nonballast
-4-1rocks, and other hazards and obstructions.
2Following an administrative hearing, the department of
3transportation (DOT) may order a railroad corporation to
4construct a walkway or alter a preexisting walkway to conform
5with the new requirements where the lack of a walkway or
6the condition of a walkway poses a safety hazard to railroad
7employees.
8The bill excuses a railroad corporation from compliance with
9walkway requirements during maintenance activities, in the
10event of a derailment, during certain weather conditions, in
11certain seismic conditions, and for a reasonable time after
12such weather or seismic conditions subside to allow a return
13to compliance.
14The DOT may grant a waiver of any provision of the bill to a
15railroad corporation upon a showing of good cause, including
16but not limited to a showing that compliance with the bill will
17impose an undue hardship on the railroad corporation.
18A person who alleges a violation of the requirements of the
19bill must address the allegation with the railroad corporation
20by making a written complaint. If the railroad corporation
21does not respond to the complaint within 30 days, or does
22not resolve the alleged violation within 90 days, the person
23may file a formal complaint with the DOT. The DOT shall
24notify the railroad corporation of the complaint, and the
25railroad corporation has 30 days in which to respond, either
26by correcting the alleged violation or by contesting the
27complaint. If the railroad corporation contests the complaint,
28the DOT is required to inspect the area of the alleged
29violation. Upon a finding that a violation exists, the DOT
30must order the railroad corporation to correct the violation
31within 30 days of receipt of the order. If, following the
32inspection, the DOT finds that no violation exists, it must
33notify the parties to the complaint that the complaint is
34denied.
35A party to the complaint may appeal the DOT’s decision by
-5-1filing an appeal with the department of inspections and appeals
2and judicial review of the decision of the department of
3inspections and appeals may be sought according to Code chapter
417A (Iowa administrative procedure Act).
5A violation of the bill’s provisions is a schedule one
6violation, punishable by a $100 fine for each day a violation
7exists.
-6-th/ns