1.1                          A bill for an act 
  1.2             relating to employment; providing counseling services 
  1.3             and mandatory leave for certain railroad employees; 
  1.4             appropriating money; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [181.301] [AFTER ACCIDENT COUNSELING.] 
  1.8      Subdivision 1.  [COUNSELING AND MANDATORY LEAVE.] Every 
  1.9   railroad company shall provide or make available to affected 
  1.10  company employees on an operating or nonoperating crew involved 
  1.11  in an accident on a railroad right-of-way, which results in loss 
  1.12  of life or serious bodily injury, counseling services or other 
  1.13  critical incident stress debriefing services within 48 hours of 
  1.14  the accident.  The operating or nonoperating crew members 
  1.15  involved in or witnessing the accident must be relieved from 
  1.16  duty, with compensation and applicable benefits, for not less 
  1.17  than three work days following the accident, unless the employee 
  1.18  and the employee's independent medical practitioner agree 
  1.19  otherwise.  After returning to duty, a crew member experiencing 
  1.20  symptoms related to the accident shall be afforded time off 
  1.21  without reduction in pay or benefits until an independent 
  1.22  medical practitioner has determined that the crew member can 
  1.23  safely perform the duties of the crew member's position. 
  1.24     Subd. 2.  [RETURN TO DUTY.] No crew member, as described in 
  1.25  subdivision 1, shall be required to return to duty until an 
  2.1   appropriate independent medical practitioner has determined that 
  2.2   the crew member can safely perform the duties of the crew 
  2.3   member's position. 
  2.4      Subd. 3.  [REGISTRATION.] Not later than January 1 of each 
  2.5   calendar year, each railroad company owning or leasing track in 
  2.6   this state shall file with the commissioner of health its plan 
  2.7   for compliance with subdivision 1 of this section.  Each plan 
  2.8   shall demonstrate the independence and qualifications of 
  2.9   counseling providers. 
  2.10     Sec. 2.  [APPROPRIATION.] 
  2.11     $....... is appropriated from the general fund for the 
  2.12  biennium ending June 30, 1999, to the commissioner of health for 
  2.13  the purposes of section 1. 
  2.14     Sec. 3.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective the day following final enactment.