HF 2549

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to railroads; enacting General Railroad Safety Act; amending Minnesota
Statutes 2006, section 609.85, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 219.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [219.015] CERTAIN RAILROAD-RELATED EDUCATIONAL
PROGRAMS PROHIBITED.
new text end

new text begin (a) A public or private entity, school, or higher educational institution:
new text end

new text begin (1) is prohibited from training, instructing, offering Internet information, or
educating an individual or group of individuals, regarding the subject matter of how to
operate railroad track, signals, rolling stock, or motive power equipment of any kind,
or teach the railroad general code of operating rules, or other railroad industry-specific
information, without first assuring an active employment status in the discipline of study
upon completion of the instruction with a Class I or II common carrier; and
new text end

new text begin (2) is required to confirm employment placement during the training program until
course completion. The commissioner of transportation shall monitor program compliance
and employment status of persons being trained in such railroad system information.
new text end

new text begin (b) "Class I or II common carrier" has the meaning given those categories in Code of
Federal Regulations, title 49, part 1201, general instruction 1-1.
new text end

Sec. 2.

new text begin [219.192] TRACK AND BALLAST WARNING INDICATORS.
new text end

new text begin The commissioner of transportation may order the installation of trackside ballast
surface warning devices at any location on railroad track and right-of-way in the state that
(1) is prone to seasonal high-water or flooding or (2) does not comply with bridge, culvert,
or other drainage or inspection standards. The commissioner may issue an expedited
review and administrative order to a common carrier.
new text end

Sec. 3.

new text begin [219.387] INDUSTRIAL LIGHTING STANDARDS; RAIL YARD,
JUNCTIONS.
new text end

new text begin At railroad yard lead track areas, at junctions of industry lead track, and at industries,
or where switching movements are made regularly or more than twice in a seven-day
period, a common carrier shall provide permanent and outdoor electrical lighting
appliances that are consistent with Minnesota Occupational Safety and Health Standards
(MNOSHA) or American Railway Engineering and Maintenance of Way Association
(AREMA) industry yard standards.
new text end

Sec. 4.

new text begin [219.48] RULES; BEST PRACTICE CLEARANCE STANDARDS.
new text end

new text begin The commissioner shall assess and adopt rules for best practice clearance standards
for passenger rail platforms to require (1) concrete passenger platforms with five feet four
inches of clearance from the centerline of the track at eight inches above the top of the
rail, "Mini High Platforms," approved under the Americans with Disabilities Act, codified
in United States Code, title 42, section 12101 et seq., and federal regulations adopted
pursuant to that act, at one end of a platform with seven feet eleven inches of clearance
from the centerline of the track and one foot eleven inches of clearance above the top of
the rail, (2) all surface areas within eight feet six inches centerline above the top of the
rail covered with reflectorized material of a prescribed and uniform color when viewed
from an approaching train, (3) inclusion of audio and visual warning systems for depot
patrons, (4) installation of track-side warning signals for side clearance of freight trains
approaching, or subject to pass-through, platform areas, (5) necessary protections when a
public road crossing at grade is within 300 feet of a depot platform, including a crossing
signal system, (6) center median designs at crossings, and (7) cement and steal bulkhead
guards for platforms.
new text end

Sec. 5.

new text begin [219.505] INDUSTRIAL COMPLEX SAFETY SEPARATION;
MULTI-USE LOADING AND UNLOADING FACILITY.
new text end

new text begin The owner of an industrial complex shall ensure a positive separation between rail
and any motor vehicle at an industrial complex that has a shared, common, or dual use
loading or unloading area accessed by rail and road, where a common carrier and truck, as
defined in section 169.01, subdivision 49, or other vehicle may be operated in proximity.
At a common, shared, or dual use area, no truck or other vehicle may approach or occupy
the common loading or unloading area when a train is approaching or be nearer than 200
feet from the lead rail car of the train. Trucks, implements of husbandry, as defined in
section 168A.01, subdivision 8, or unloading equipment must not be closer than ten feet
six inches from the centerline of a track. Positive separation may be accomplished by an
effective switch-locking device, an electric warning system, or the use of flags by day and
light by night. Lights must be displayed from one hour before sunset to one hour after
sunrise. The operators of an industrial complex shall ensure a clean and unobstructed
track flange and walkways.
new text end

Sec. 6.

new text begin [219.552] LOCOMOTIVE SECURITY AND SANITATION STANDARDS.
new text end

new text begin Consistent with Code of Federal Reugulations, title 49, part 229, any locomotive
owned or leased by a common carrier that is operated within the state in assigned service
or for more than 120 days in a calendar year must comply with the following standards:
new text end

new text begin (a) The locomotive must have an effective locking device on all doors providing
access to the interior of the cab compartment and generator compartment.
new text end

new text begin (b) The locomotive must have an effective locking device on the air brake valve
system operating console. Modified brake valve locking devices may be mechanical or
electrical and must be controlled by a locomotive engineer or train conductor.
new text end

new text begin (c) The locomotive cab compartment must have seats that are fastened to the
locomotive and provided for each person assigned, employed, or required to board and
ride a locomotive on main, branch, or industry lead track, between terminals, within yards,
or other system of trackage. Seats must be constructed to provide structural support and
protection to a person from the backs and sides of the seats.
new text end

new text begin (d) Locomotive cab compartments are subject to and must comply with Minesota
Occupational Health and Safety Standards (MNOSHA) for sanitation and cleanliness
required for industrial lunch room, break room, or other eating areas in buildings.
Compartments must be chemically cleansed by an approved process once every 24 hours,
must have separate sanitation materials for the lavatory compartment, and must have
two verifiable waste dispensers.
new text end

new text begin (e) Locomotive cab compartments must be equipped with a clipboard, desk surface,
or portable writing device for access and entry of data directly corresponding to the
movement of the locomotive or a train.
new text end

new text begin (f) Locomotive cab compartments designed and constructed with acoustical
insulation, dual radio speaker, speedometer, lighting systems, and microphone must be
fully equipped with the same. Locomotives with one radio speaker must be retrofitted
with a dual speaker system.
new text end

Sec. 7.

new text begin [219.554] TRACK SWITCHES, APPURTENANT EQUIPMENT.
new text end

new text begin (a) No portion of a remote-control switch unit box, point lock box, fixed antenna, or
other remote-control switch or electronic appurtenance is permitted above the surface of
the ground or grade on a railroad switching lead within ten feet six inches of the track
centerline, where switch crews pull pins or work on and about rail cars. "Switching lead"
means two or more switches that lead to a system of tracks in a classification or industry
yard.
new text end

new text begin (b) A common carrier employee is not required to (1) handle or operate any track
appurtenance, track switch, or track derail appliance, or (2) board onto rolling stock safety
appliances, locomotive, or track equipment known to have been sprayed with pesticide
or other retardant chemical, until the track structure or equipment has been thoroughly
spray washed with clean water from an inspected well or public source of water. Rain
and snowfall are not considered qualified spray washing.
new text end

Sec. 8.

new text begin [219.563] OPERATORS OF DUAL-PURPOSE VEHICLE.
new text end

new text begin A person operating a dual-purpose railroad track and public road vehicle is subject
to the federal hours of service regulations of Code of Federal Regulations, title 49, section
228.1. A dual-purpose railroad track and public road vehicle operating with more than
two rail cars must be equipped with an activated telemetric end of train device.
new text end

Sec. 9.

new text begin [219.564] RELIEF FROM DUTY FOR FATIGUE, INJURY, OR
FATALITY.
new text end

new text begin (a) A common carrier shall not order a person to (1) operate a locomotive, a
locomotive with cars, or other railroad equipment, (2) administer information about a
train, or (3) take charge of a train, when that person informs the common carrier that the
person is physically exhausted or substantially fatigued. A person claiming physical
exhaustion or fatigue must provide a release to return to work from a medical service
provider to their employer if requested or required by the common carrier.
new text end

new text begin (b) A person who is a member of a train crew involved in a grade crossing or
right-of-way incident causing injury to the person or fatality to another person is entitled
to be relieved from service and responsibility for the train at the scene of the incident, as
soon as practicable, without loss of compensation. Train crew members are not required to
list personal driver's license information on any accident report form of any kind. The
common carrier shall provide transportation directly to the affected employee's home
terminal without undue delay.
new text end

new text begin (c) This section does not preclude first aid treatment to injured persons, the
availability of crew members for toxicology tests, or the completion of post-incident
reports.
new text end

Sec. 10.

new text begin [219.5642] POLICE AUTHORITY OF CONDUCTORS.
new text end

new text begin Subject to Code of Federal Regulations, title 49, part 207, a person employed as a
Class I common carrier conductor or assistant conductor in passenger, commuter rail, or
freight service must be deputized as a railroad police officer with authority and security
power over all persons boarding and riding upon passenger, commuter rail, or freight
trains, without exception. The deputized powers must not exceed those of local, state,
or federal law enforcement or first responder authorities to enforce state laws for the
protection of railroad property, personnel, passengers, and cargo.
new text end

Sec. 11.

new text begin [219.5644] PROHIBITED COMPENSATION RELATED TO WORK
INJURIES.
new text end

new text begin A common carrier and employees of a common carrier company are prohibited from
offering or benefiting from any type of compensation system or other pay component that
relates to or serves to affect reportable work-place injuries, measurements of work-place
injury frequency, or the divulging of information regarding an injury on a railroad
common carrier property.
new text end

Sec. 12.

new text begin [219.5646] EMPLOYEES PERFORMING SERVICE; PROTECTION
FROM ELEMENTS, YARDS, AND JUNCTIONS.
new text end

new text begin At railroad yard leads, junctions of mainline, branch line, or industrial lead track
identified in the carrier timetable, or any location where a railroad worker must stand
outdoors for ten minutes or more in the performance of duties, and where no carrier yard
office, station building, carrier structure, or shelter exists or is accessible, the common
carrier shall construct or deliver a shelter building for employees. The shelter building
must be constructed consistent with standards in the Minnesota occupational safety
and health program (MNOSHA), administered by the Occupational Health and Safety
Division of the Department of Labor and Industry. The shelter must have four walls, a
roof, ventilation, windows to the track or yard lead track area, a solid constructed floor,
electricity, lighting, and potable water.
new text end

Sec. 13.

new text begin [219.682] RAIL LINE ABANDONMENT AND PUBLIC INTEREST.
new text end

new text begin (a) Consistent with United States Code, title 49, section 10501, a common carrier
that has any railroad line or segment of track that is subject to abandonment or removal
due to the closure or cessation of operation of any one shipper located on the same rail line
who has contributed over 80 percent of the total originating and terminating gross line
haul revenue for that line over a previous five-year period, is prohibited from removing
any track or commencing formal abandonment proceedings of the rail line for a period of
two years after the closure or physical removal of that shipping facility.
new text end

new text begin (b) The owner of railroad line shall contract for and provide an independent study
assessing (1) feasibility of rail line modification for heavy or light rail use, (2) viability of
developing new industry or other utility that can benefit from rail service, (3) real estate
value for rail line corridor development with continued rail service, and (4) extension
of rail line in the same compass direction to the next light or heavy rail terminal in the
same direction.
new text end

new text begin (c) For purposes of this section:
new text end

new text begin (1) "contract" includes the assessment of expense for the study;
new text end

new text begin (2) "period of two years" commences on the first day a shipper closes or the date of
last revenue, or nonrevenue, rail shipment from the industry site; and
new text end

new text begin (3) "rail line" means a segment of track that is classified as a main, branch,
secondary, industry lead, exempted or other classification.
new text end

Sec. 14.

new text begin [219.853] HAZARDOUS MATERIAL INFORMATION
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Private industries with rail access. new text end

new text begin A private industry with a
track or set of tracks that have direct access to a common carrier transporting hazardous
materials, that has custody of rail cars that contain hazardous materials on their track
or set of tracks and is governed by United States Code, title 49, section 172.600, shall
provide detailed track lists with information as to the position of all rail cars on their
tracks. Rail cars must be identified by a standard identification number and include any
other pertinent information affecting the safe movement of the rail car. The information
must be on paper and left in a secure, dry, and identified location at the entry point of the
first track of the private industry.
new text end

new text begin Subd. 2. new text end

new text begin Consist documents. new text end

new text begin Consistent with Code of Federal Regulations, title
49, sections 174.26 and 233.111, paragraph (b), (1), (2), (3), (4), and (5), a common
carrier shall provide the most recent and detailed computer-generated train consist
documentation in its possession for all manifest or mixed consist freight trains or unit
trains carrying hazardous materials or any train subject to picking up revenue cars
with hazardous materials. The documentation must be provided at the location where
a train crew takes charge of that train, or reports for duty for that train, in the state of
Minnesota. Trains that change the consist manifest en route to the final terminal, on which
a crew member does not have an opportunity to inspect the added freight cars, must be
provided a new and complete computer-generated and detailed train list for that train.
Computer-generated train lists may be delivered via telephone facsimile machines. Any
train consist information that is within a common carrier's electronic information and
technology system must be construed as in possession of that common carrier.
new text end

Sec. 15.

Minnesota Statutes 2006, section 609.85, subdivision 2, is amended to read:

Subd. 2.

Foreseeable risk.

Whoever intentionally throws or deposits any type of
debris, waste material, or other obstruction on any railroad track or whoever intentionally
causes damage or causes another person to damage, tamper, change or destroy new text begin , or change
due to deferred maintenance ordered by the common carrier that owns the property, new text end
any railroad track, switch, bridge, trestle, tunnel, signal or moving equipment used in
providing rail services, which creates a reasonably foreseeable risk of any injury, accident new text begin , new text end
or derailment, is guilty of a gross misdemeanor.

Sec. 16. new text begin TRANSPORTATION STUDY.
new text end

new text begin (a) The commissioner of transportation shall study and make recommendations
regarding passenger platform standards, the long-term feasibility and cost benefit of rail,
and strategic rail security interests with:
new text end

new text begin (1) an assessment of first class regional "roadrailer" service, identifying all aspects
of prospective independent users, small customers, contract shippers, regional magnet
shippers, strategic hubs for collection and distribution, container facilities, door-to-door
service-time delivery, benefit to local economies, reduction of trunk and federal highway
road wear, impact on local road wear at hub locations, truck rail yard ramp facility
locations, environmental impacts and benefits, employment shifts, impact on common
carrier schedules, impact on current road funding formulas, and the provision of subsidies;
new text end

new text begin (2) a summary analysis of the benefit to regional economies; and
new text end

new text begin (3) an assessment of best practice railroad security, identifying coordinated container
security, compliance with hazardous material tracking technologies, passenger screening
technologies, mobile and permanent positive barrier technologies, remote perimeter
technologies, and coordination of platting services with state-level police and Minnesota
Air National Guard.
new text end

new text begin (b) The commissioner shall submit a report of findings and recommendations to
the chairs of the legislative committees having jurisdiction over transportation policy
by January 2, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text begin CITATION.
new text end

new text begin Sections 1 to 14 may be cited as the General Railroad Safety Act.
new text end