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House File 181 - IntroducedA Bill ForAn Act 1relating to the construction and maintenance of walkways
2in rail yards, and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.37 Rail yard walkways —
2penalty.
31. Scope. This section applies to all railroad tracks and
4walkways in rail yards in this state. This section does not
5apply 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 department of transportation.
10b. “Frequently” means at least one shift per day for
11five days per week, or any other period the department deems
12frequent enough to warrant an order pursuant to subsection 5.
13c. “Good cause” includes but is not limited to a showing
14that compliance with this section will impose an undue hardship
15on the railroad corporation.
163. Standard. A railroad corporation shall provide walkways
17adjacent to those portions of rail yard tracks where railroad
18employees frequently perform switching activities.
194. General requirements and recommendations.
20a. (1) Walkways may be surfaced with asphalt, concrete,
21planking, grating, native material, crushed material, or
22other similar material. Where crushed material is used, one
23hundred percent of the material shall be capable of passing
24through a one and one-half inch square sieve opening, and not
25less than ninety percent of the material shall be capable of
26passing through a one-inch square sieve opening. A de minimus
27variation from these requirements shall not be a violation
28of this section in instances where the railroad corporation
29has made a good-faith effort to comply with the percentage
30requirements of this subparagraph.
31(2) Crushed material smaller than that described in
32subparagraph (1) shall be used whenever practicable, especially
33in places where drainage and durability issues do not exist.
34Material capable of passing through a three-fourths inch square
35sieve opening or smaller is recommended for switching lead
-1-1tracks.
2b. Walkways shall have a reasonably uniform surface and
3be maintained in a safe condition without compromising track
4drainage.
5c. Cross slopes for walkways shall not exceed one inch of
6elevation for each eight inches of horizontal length in any
7direction.
8d. Walkways shall be at least two feet wide.
9e. Walkways shall be kept reasonably free of spilled fuel
10oil, sand, posts, vegetation, nonballast rocks, and other
11hazards or obstructions.
125. Other tracks. If the department finds, after notice
13and hearing, that railroad employees who frequently perform
14switching activities adjacent to a portion of track are exposed
15to safety hazards due to the lack of a walkway or due to the
16condition of a walkway constructed before July 1, 2016, the
17department may do one of the following:
18a. Order a railroad corporation to construct a walkway
19adjacent to a portion of track where railroad employees
20frequently perform switching activities.
21b. Require a railroad corporation to modify an existing
22walkway to conform with subsections 3 and 4 within a reasonable
23period of time.
246. Compliance. A railroad corporation is excused from
25complying with this section under the following circumstances:
26a. During maintenance activities.
27b. In the event of a derailment.
28c. During periods of heavy rain, snow, or similar weather
29conditions, and for a reasonable time after such conditions
30subside to allow a return to compliance.
31d. In the event of a rock slide, earth slide, washout, or
32similar seismic conditions, and for a reasonable time after
33such conditions subside to allow a return to compliance.
347. Waiver. A railroad corporation may petition the
35department for a waiver of any provision of this section. The
-2-1department may grant a waiver of any provision of this section
2where the railroad corporation shows good cause.
38. Enforcement.
4a. A person alleging a violation of this section shall
5attempt to address the allegation with the railroad corporation
6by making a written complaint to the railroad corporation. No
7later than thirty days after receiving the written complaint,
8the railroad corporation shall respond in writing to the person
9alleging the violation, describing what action, if any, the
10railroad corporation intends to take to correct the alleged
11violation. If the railroad corporation does not respond in
12writing to the person alleging the violation within thirty days
13of receiving the complaint, or does not correct the alleged
14violation within ninety days of receiving the complaint, the
15person may file a formal complaint with the department.
16b. A formal complaint to the department shall contain a
17copy of the written complaint made to the railroad corporation
18under paragraph “a”, and a copy of the railroad corporation’s
19written response, if any. No later than ten days after
20receiving the formal complaint, the department shall send
21written notification to the railroad corporation informing it
22of the complaint and its duties under this paragraph. No later
23than thirty days after receiving written notification, the
24railroad corporation shall either correct the alleged violation
25or contest the complaint. If the railroad corporation contests
26the complaint, the department shall inspect the area of the
27alleged violation. Upon inspection, if the department finds
28that a violation exists, the department shall issue an order
29requiring the railroad corporation to correct the violation
30within thirty days of receipt of the order. Upon inspection,
31if the department finds that a violation does not exist,
32the department shall deny the complaint and send written
33notification to the parties informing them of the denial.
34c. A party to the complaint may appeal the department’s
35decision by filing an appeal with the department of inspections
-3-1and appeals within ten days of being notified of the
2department’s decision. The department of inspections and
3appeals shall render a decision on the appeal and notify the
4parties of the decision in writing no more than fifteen days
5after the appeal was filed. Judicial review of the decision
6of the department of inspections and appeals may be sought in
7accordance with chapter 17A.
89. Penalty. A railroad corporation who violates this
9section commits a “schedule one” violation punishable
10under section 327C.5. Each day a violation exists shall be
11considered a separate violation.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill establishes standards and requirements for the
16construction and maintenance of walkways in rail yards. The
17provisions of the bill apply to all tracks and walkways in rail
18yards in this state, but do not apply to tracks or walkways
19in an industry yard owned by an entity other than a railroad
20corporation.
21The bill establishes a standard requirement for railroad
22corporations to provide walkways adjacent to portions of
23rail yard tracks where railroad employees perform switching
24activities at least one shift per day for five days per week.
25The bill provides recommendations and requirements for the
26type of material used for the walkways. In addition, the
27bill requires that walkways be at least two feet wide, with
28cross slopes of not more than one inch of elevation for each
29eight inches of length in any direction. Walkways must have
30a reasonably uniform surface, be maintained in safe condition
31without compromising track drainage, and be kept reasonably
32free of spilled fuel oil, sand, posts, vegetation, nonballast
33rocks, and other hazards and obstructions.
34Following an administrative hearing, the department of
35transportation may order a railroad corporation to construct a
-4-1walkway or alter a preexisting walkway to conform with the new
2requirements where the lack of a walkway or the condition of a
3walkway poses a safety hazard to railroad employees.
4The bill excuses a railroad corporation from compliance with
5walkway requirements during maintenance activities, in the
6event of a derailment, during certain weather conditions, in
7certain seismic conditions, and for a reasonable time after
8such weather or seismic conditions subside to allow a return
9to compliance.
10The department of transportation may grant a waiver of any
11provision of the bill to a railroad corporation upon a showing
12of good cause, including but not limited to a showing that
13compliance with the bill will impose an undue hardship on the
14railroad corporation.
15A person who alleges a violation of the requirements of the
16bill must address the allegation with the railroad corporation
17by making a written complaint. If the railroad corporation
18does not respond to the complaint within 30 days, or does not
19resolve the alleged violation within 90 days, the person may
20file a formal complaint with the department of transportation.
21The department shall notify the railroad corporation of the
22complaint, and the railroad corporation has 30 days in which
23to respond, either by correcting the alleged violation or by
24contesting the complaint. If the railroad corporation contests
25the complaint, the department is required to inspect the area
26of the alleged violation. Upon a finding that a violation
27exists, the department must order the railroad corporation to
28correct the violation within 30 days of receipt of the order.
29If, following the inspection, the department finds that no
30violation exists, it must notify the parties to the complaint
31that the complaint is denied.
32A party to the complaint may appeal the department’s
33decision by filing an appeal with the department of inspections
34and appeals and judicial review of the decision of the
35department of inspections and appeals may be sought according
-5-1to the Iowa administrative procedure Act.
2A violation of the bill’s provisions is a “schedule one”
3violation, punishable by a $100 fine for each day a violation
4exists.
-6-ns/nh
2in rail yards, and providing a penalty.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 327F.37 Rail yard walkways —
2penalty.
31. Scope. This section applies to all railroad tracks and
4walkways in rail yards in this state. This section does not
5apply 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 department of transportation.
10b. “Frequently” means at least one shift per day for
11five days per week, or any other period the department deems
12frequent enough to warrant an order pursuant to subsection 5.
13c. “Good cause” includes but is not limited to a showing
14that compliance with this section will impose an undue hardship
15on the railroad corporation.
163. Standard. A railroad corporation shall provide walkways
17adjacent to those portions of rail yard tracks where railroad
18employees frequently perform switching activities.
194. General requirements and recommendations.
20a. (1) Walkways may be surfaced with asphalt, concrete,
21planking, grating, native material, crushed material, or
22other similar material. Where crushed material is used, one
23hundred percent of the material shall be capable of passing
24through a one and one-half inch square sieve opening, and not
25less than ninety percent of the material shall be capable of
26passing through a one-inch square sieve opening. A de minimus
27variation from these requirements shall not be a violation
28of this section in instances where the railroad corporation
29has made a good-faith effort to comply with the percentage
30requirements of this subparagraph.
31(2) Crushed material smaller than that described in
32subparagraph (1) shall be used whenever practicable, especially
33in places where drainage and durability issues do not exist.
34Material capable of passing through a three-fourths inch square
35sieve opening or smaller is recommended for switching lead
-1-1tracks.
2b. Walkways shall have a reasonably uniform surface and
3be maintained in a safe condition without compromising track
4drainage.
5c. Cross slopes for walkways shall not exceed one inch of
6elevation for each eight inches of horizontal length in any
7direction.
8d. Walkways shall be at least two feet wide.
9e. Walkways shall be kept reasonably free of spilled fuel
10oil, sand, posts, vegetation, nonballast rocks, and other
11hazards or obstructions.
125. Other tracks. If the department finds, after notice
13and hearing, that railroad employees who frequently perform
14switching activities adjacent to a portion of track are exposed
15to safety hazards due to the lack of a walkway or due to the
16condition of a walkway constructed before July 1, 2016, the
17department may do one of the following:
18a. Order a railroad corporation to construct a walkway
19adjacent to a portion of track where railroad employees
20frequently perform switching activities.
21b. Require a railroad corporation to modify an existing
22walkway to conform with subsections 3 and 4 within a reasonable
23period of time.
246. Compliance. A railroad corporation is excused from
25complying with this section under the following circumstances:
26a. During maintenance activities.
27b. In the event of a derailment.
28c. During periods of heavy rain, snow, or similar weather
29conditions, and for a reasonable time after such conditions
30subside to allow a return to compliance.
31d. In the event of a rock slide, earth slide, washout, or
32similar seismic conditions, and for a reasonable time after
33such conditions subside to allow a return to compliance.
347. Waiver. A railroad corporation may petition the
35department for a waiver of any provision of this section. The
-2-1department may grant a waiver of any provision of this section
2where the railroad corporation shows good cause.
38. Enforcement.
4a. A person alleging a violation of this section shall
5attempt to address the allegation with the railroad corporation
6by making a written complaint to the railroad corporation. No
7later than thirty days after receiving the written complaint,
8the railroad corporation shall respond in writing to the person
9alleging the violation, describing what action, if any, the
10railroad corporation intends to take to correct the alleged
11violation. If the railroad corporation does not respond in
12writing to the person alleging the violation within thirty days
13of receiving the complaint, or does not correct the alleged
14violation within ninety days of receiving the complaint, the
15person may file a formal complaint with the department.
16b. A formal complaint to the department shall contain a
17copy of the written complaint made to the railroad corporation
18under paragraph “a”, and a copy of the railroad corporation’s
19written response, if any. No later than ten days after
20receiving the formal complaint, the department shall send
21written notification to the railroad corporation informing it
22of the complaint and its duties under this paragraph. No later
23than thirty days after receiving written notification, the
24railroad corporation shall either correct the alleged violation
25or contest the complaint. If the railroad corporation contests
26the complaint, the department shall inspect the area of the
27alleged violation. Upon inspection, if the department finds
28that a violation exists, the department shall issue an order
29requiring the railroad corporation to correct the violation
30within thirty days of receipt of the order. Upon inspection,
31if the department finds that a violation does not exist,
32the department shall deny the complaint and send written
33notification to the parties informing them of the denial.
34c. A party to the complaint may appeal the department’s
35decision by filing an appeal with the department of inspections
-3-1and appeals within ten days of being notified of the
2department’s decision. The department of inspections and
3appeals shall render a decision on the appeal and notify the
4parties of the decision in writing no more than fifteen days
5after the appeal was filed. Judicial review of the decision
6of the department of inspections and appeals may be sought in
7accordance with chapter 17A.
89. Penalty. A railroad corporation who violates this
9section commits a “schedule one” violation punishable
10under section 327C.5. Each day a violation exists shall be
11considered a separate violation.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill establishes standards and requirements for the
16construction and maintenance of walkways in rail yards. The
17provisions of the bill apply to all tracks and walkways in rail
18yards in this state, but do not apply to tracks or walkways
19in an industry yard owned by an entity other than a railroad
20corporation.
21The bill establishes a standard requirement for railroad
22corporations to provide walkways adjacent to portions of
23rail yard tracks where railroad employees perform switching
24activities at least one shift per day for five days per week.
25The bill provides recommendations and requirements for the
26type of material used for the walkways. In addition, the
27bill requires that walkways be at least two feet wide, with
28cross slopes of not more than one inch of elevation for each
29eight inches of length in any direction. Walkways must have
30a reasonably uniform surface, be maintained in safe condition
31without compromising track drainage, and be kept reasonably
32free of spilled fuel oil, sand, posts, vegetation, nonballast
33rocks, and other hazards and obstructions.
34Following an administrative hearing, the department of
35transportation may order a railroad corporation to construct a
-4-1walkway or alter a preexisting walkway to conform with the new
2requirements where the lack of a walkway or the condition of a
3walkway poses a safety hazard to railroad employees.
4The bill excuses a railroad corporation from compliance with
5walkway requirements during maintenance activities, in the
6event of a derailment, during certain weather conditions, in
7certain seismic conditions, and for a reasonable time after
8such weather or seismic conditions subside to allow a return
9to compliance.
10The department of transportation may grant a waiver of any
11provision of the bill to a railroad corporation upon a showing
12of good cause, including but not limited to a showing that
13compliance with the bill will impose an undue hardship on the
14railroad corporation.
15A person who alleges a violation of the requirements of the
16bill must address the allegation with the railroad corporation
17by making a written complaint. If the railroad corporation
18does not respond to the complaint within 30 days, or does not
19resolve the alleged violation within 90 days, the person may
20file a formal complaint with the department of transportation.
21The department shall notify the railroad corporation of the
22complaint, and the railroad corporation has 30 days in which
23to respond, either by correcting the alleged violation or by
24contesting the complaint. If the railroad corporation contests
25the complaint, the department is required to inspect the area
26of the alleged violation. Upon a finding that a violation
27exists, the department must order the railroad corporation to
28correct the violation within 30 days of receipt of the order.
29If, following the inspection, the department finds that no
30violation exists, it must notify the parties to the complaint
31that the complaint is denied.
32A party to the complaint may appeal the department’s
33decision by filing an appeal with the department of inspections
34and appeals and judicial review of the decision of the
35department of inspections and appeals may be sought according
-5-1to the Iowa administrative procedure Act.
2A violation of the bill’s provisions is a “schedule one”
3violation, punishable by a $100 fine for each day a violation
4exists.
-6-ns/nh