HF 1714

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

A bill for an act
relating to railroads; enacting Railroad Walkways Safety Act; creating position
of state rail safety inspector; establishing special account; authorizing imposition
of administrative penalties after rulemaking; appropriating money; amending
Minnesota Statutes 2006, section 218.041, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapter 219.

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

Section 1.

Minnesota Statutes 2006, section 218.041, subdivision 6, is amended to read:

Subd. 6.

Investigative powers.

In the exercise of powers granted in this chapter,
the commissioner may:

(1) subpoena books, papers, or accounts kept by any regulated business within or
without the state, or compel production of verified copies;

(2) prepare all forms or blanks for obtaining information that the commissioner
may deem necessary or useful for the proper exercise of the authority and duties of the
commissioner in connection with regulated businesses, and prescribe the time and manner
within which the blanks and forms must be completed and filed;

(3) inspect, at all reasonable times, and copy the books, records, memoranda,
correspondence, or other documents and records of any business under the commissioner's
jurisdiction; deleted text begin and
deleted text end

(4) examine, under oath, any officer, agent, or employee of a business under the
commissioner's jurisdiction concerning any matter within the commissioner's jurisdiction deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) assess common carriers, administer the state rail safety inspection account, and
perform other duties on behalf of the state rail safety inspector under section 219.015.
new text end

Sec. 2.

new text begin [219.015] STATE RAIL SAFETY INSPECTOR.
new text end

new text begin (a) The commissioner of transportation shall establish a position of state rail safety
inspector in the Office of Freight and Commercial Vehicle Operations of the Minnesota
Department of Transportation. The commissioner shall apply to the Federal Railroad
Administration (FRA) of the United States Department of Transportation to participate
in the Federal State Rail Safety Partnership Program for training and certification of an
inspector. The state rail safety inspector shall inspect mainline and secondary track and
industry track; inspect railroad right-of-way, including adjacent or intersecting drainage,
culverts, bridges, overhead structures, and traffic and other public crossings; inspect
yards and physical plants; review and enforce safety requirements; review maintenance
and repair records; review railroad security measures; and plan and coordinate with law
enforcement officials for emergency public evacuation by rail. To the extent so delegated
by the commissioner, the inspector may issue citations and collect fines for violations of
this chapter, or as otherwise applicable under civil law, to ensure railroad and public
safety and welfare. The proceeds of fines levied for violations must be deposited in the
special account created in paragraph (b).
new text end

new text begin (b) The commissioner shall annually assess railroad companies that are (1) defined
as common carriers under section 218.011, (2) classified by federal law or regulation as
Class I Railroads or Class I Rail Carriers, and (3) operating in this state, a set fee per
statutory ton moving by rail in the state under revenue service. The assessments must be
deposited in a special account in the special revenue fund, to be known as the state rail
safety inspection account. Money in the account is appropriated to the commissioner
and may be expended to cover the costs incurred for the establishment and ongoing
responsibilities of the state rail safety inspector.
new text end

new text begin (c) The commissioner may exempt a common carrier not federally classified as Class
I from violation fines for a period of up to two years if the common carrier applies for
participation in a work site safety coaching program, such as the "MNSharp" program
administered by the Minnesota Department of Labor and Industry, and the commissioner
determines such participation to be preferred enforcement for safety or security violations.
new text end

new text begin (d) The commissioner shall adopt by rule a schedule of administrative penalties
for safety violations of this chapter, with a minimum penalty of $500 and a maximum
penalty of $50,000 for each violation, to be deposited in the special account created in
paragraph (b).
new text end

new text begin (e) Any person aggrieved by an assessment or administrative penalty levied under
this section may appeal within 90 days any assessment, violation, or administrative
penalty to the Office of Administrative Hearings, with further appeal and review by the
district court.
new text end

Sec. 3.

new text begin [219.371] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The terms used in sections 219.371 to 219.382 have the
meanings given them in this section and section 218.011.
new text end

new text begin Subd. 2. new text end

new text begin Inside edge of a walkway. new text end

new text begin "Inside edge of a walkway" means that edge of
a walkway closest to the nearest rail of the track for which the walkway is constructed.
new text end

new text begin Subd. 3. new text end

new text begin Major repair. new text end

new text begin "Major repair" means a repair that normally requires
greater than four hours of work to accomplish or involves the use of specialized tools and
equipment. Major repairs include such activities as coupler replacement, draft gear repair,
and repairs requiring the use of an air jack, but the term does not include changing wheels
on intermodal loading ramps either with or without an air jack.
new text end

new text begin Subd. 4. new text end

new text begin Railroad shop or repair track. new text end

new text begin "Railroad shop" or "repair track" means
a fixed repair facility or track that is regularly and consistently used to perform major
repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs.
new text end

new text begin Subd. 5. new text end

new text begin Structure. new text end

new text begin "Structure" means any bridge or trestle on which a railroad
track is constructed.
new text end

new text begin Subd. 6. new text end

new text begin Walkway. new text end

new text begin "Walkway" means a pathway located alongside or in the
vicinity of a railroad track for the purpose of providing an area for railroad employees
to perform their normal trackside duties.
new text end

new text begin Subd. 7. new text end

new text begin Yard. new text end

new text begin "Yard" means a system of tracks other than main tracks and sidings
used for making up trains, storing cars, and other purposes including the inspection,
repair, and cleaning of cars.
new text end

Sec. 4.

new text begin [219.372] WALKWAYS ON BRIDGES AND TRESTLES.
new text end

new text begin (a) Every railroad company shall construct and maintain, adjacent to at least one side
of its tracks, walkways on all newly constructed bridges and trestles.
new text end

new text begin (b) Every railroad company shall construct and maintain, adjacent to at least one
side of its tracks, walkways on all bridges and trestles designated by the commission
after a hearing. Except as provided in paragraph (c), walkways must be located so that
they will provide a minimum side clearance of eight feet from the center of the track to
the outside edge of the walkway.
new text end

new text begin (c) Compliance with the eight-foot requirement referred to in paragraph (b) is
waived with regard to all designated bridges and trestles that presently have minimum side
clearances of less than eight feet if the railroad company is able to show to the satisfaction
of the commissioner of transportation that compliance with the eight-foot requirement is
structurally or economically unfeasible.
new text end

new text begin (d) All walkways must be kept free from obstacles that would render them unsafe or
difficult to traverse on foot, except those facilities with minimum clearances prescribed
by other sections of this chapter.
new text end

new text begin (e) Walkways must be equipped with a securely attached handrail located on the side
of the walkway farthest from the track, except no handrails are required on through-girder
structures. Handrails must be located so as to comply with the clearance standards in
sections 219.45 to 219.53.
new text end

new text begin (f) Walkways on bridges and trestles must conform to the standards of width,
surface, and vertical placement for walkways alongside track set forth in section 219.373,
except that the inside edge of such a walkway may be placed closer than six feet from
the nearest rail when necessary.
new text end

new text begin (g) This section does not apply to culverts.
new text end

Sec. 5.

new text begin [219.373] WALKWAYS BY TRACK; GENERAL STANDARDS.
new text end

new text begin (a) Except as otherwise provided in paragraph (f) or otherwise exempted by other
law, a walkway alongside track that is required under sections 219.373 to 219.382, must be
constructed and maintained in conformity to the standards in sections 219.373 to 219.383.
new text end

new text begin (b) A walkway alongside track that is required pursuant to sections 219.373 to
219.382, must:
new text end

new text begin (1) provide a reasonably regular surface that is smooth and safe for use by railroad
employees and other persons who have duties in proximity to trains;
new text end

new text begin (2) be surfaced with crushed material, asphaltic concrete, planking, or other material
that does not compromise track drainage;
new text end

new text begin (3) unless the grade of the track is greater than one inch in eight inches, have a grade
that is less than one inch in eight inches;
new text end

new text begin (4) if the walkway is alongside track with a curve greater than 18 degrees, be not
less than one foot wider than otherwise required; and
new text end

new text begin (5) be kept reasonably free of hazards and obstructions, including, but not limited
to, fuel, oil, sand, posts, rocks, grains, grain products or byproducts, fertilizer products,
chemical molten, steel, tin, metallic products, solid raw minerals, palletized products,
silica products, materials spilled during revenue shipment, detached pieces or parts of
railroad rolling stock or track structure, and vegetation.
new text end

new text begin (c) Except as provided otherwise in this section or sections 219.374 to 219.379,
walkways located along main-line tracks and tracks where switching is regularly
performed more than twice in a seven-day period must be surfaced with crushed material
not to exceed American Railway Engineering and Maintenance-of-Way Association
(AREMA) standard number 4, 1-1/2 inches in size, or with asphalt, concrete, planking,
grating, or similar material.
new text end

new text begin (d) Walkways located along switching lead tracks, switches in yards, car spotting
areas, and railroad shop or repair tracks must be surfaced with crushed material not to
exceed AREMA standard number 5, three-fourths to one inch in size, or with asphalt,
concrete, planking, grating, or similar material.
new text end

new text begin (e) No railroad company shall allow debris or litter on walkways.
new text end

new text begin (f) This section is temporarily suspended during periods of heavy rain or snow,
derailments, rocks and earth slides, and similar abnormal periods and for a reasonable
time thereafter to permit restoration work.
new text end

new text begin (g) Compliance with sections 219.372 to 219.379 is not a complete defense to any
civil action brought for the violation of a railroad safety regulation, rule, or order.
new text end

new text begin (h) The commissioner, after investigation, upon the commissioner's own motion,
or upon the petition of the aggrieved person, may determine that the safety of railroad
employees requires implementation of the applicable standards set forth in paragraphs (a)
to (e), for any walkway.
new text end

Sec. 6.

new text begin [219.374] WALKWAYS BY MAIN-LINE TRACK.
new text end

new text begin Except as otherwise provided in section 219.375, 219.377, or 219.378, walkways
alongside main-line track, in addition to the requirements of section 219.373, must:
new text end

new text begin (1) be present on each side of the track;
new text end

new text begin (2) be not less than two feet in width; and
new text end

new text begin (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
to the outside edge of the walkway.
new text end

Sec. 7.

new text begin [219.375] WALKWAYS BY TRACK AT SIDING LOCATIONS.
new text end

new text begin Walkways alongside main-line and branch-line track at siding locations, in addition
to the requirements of section 219.373, must:
new text end

new text begin (1) be present:
new text end

new text begin (i) on the outside of the main-line or branch-line track; and
new text end

new text begin (ii) on the outside of the siding track;
new text end

new text begin (2) be not less than two feet in width; and
new text end

new text begin (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
to the outside edge of the walkway.
new text end

Sec. 8.

new text begin [219.3755] WALKWAYS BY TRACKS WHERE TRAIN CREWS SHIFT.
new text end

new text begin Walkways alongside main-line and siding tracks at nonterminal locations that are
frequently used as train crew relief for boarding and deboarding crews, in addition to
the requirements of section 219.373, must:
new text end

new text begin (1) be present:
new text end

new text begin (i) on the outside of the main-line or branch-line track; and
new text end

new text begin (ii) on the outside of the siding track;
new text end

new text begin (2) be not less than two feet in width;
new text end

new text begin (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
to the outside edge of the walkway;
new text end

new text begin (4) be surfaced according to AREMA standard number 5 or with three-fourths inch
to one inch crushed material, asphalt, concrete, planking, or other material that does not
compromise track drainage; and
new text end

new text begin (5) run continuous from a road, walkway, or other right-of-way to 100 feet past the
designated stopping point for the train or locomotive.
new text end

Sec. 9.

new text begin [219.376] WALKWAYS BY TRACK IN YARDS, INDUSTRY
TURNOUTS, AND SPOTTING AREAS.
new text end

new text begin Walkways alongside track in all yards and in advance thereof, wherever an
employee's assigned duties regularly require the employee to be present on the ground in
proximity to the track and, except as otherwise provided in section 219.377 or 219.378, in
industry turnouts and spotting areas, in addition to the requirements of section 219.373,
must:
new text end

new text begin (1) be present on each side of the track not less than 50 feet in advance of the turnout;
new text end

new text begin (2) be not less than two feet in width;
new text end

new text begin (3) provide a minimum side clearance of 8-1/2 feet from the centerline of the track
to the outside edge of the walkway; and
new text end

new text begin (4) if the track is in a yard where substantial switching is performed, be:
new text end

new text begin (i) present between tracks;
new text end

new text begin (ii) present alongside tracks bordering the yard or switching area; and
new text end

new text begin (iii) if the tracks are 17 feet apart or less, continuous between the tracks.
new text end

Sec. 10.

new text begin [219.377] WALKWAYS BY TRACK AT MAIN-LINE TURNOUTS
ENTERING YARDS OR SERVING INDUSTRY TRACKS.
new text end

new text begin Except as otherwise provided in section 219.378 or 219.379, walkways alongside
track at main-line turnouts entering yards or serving industry tracks, in addition to the
requirements of section 219.373, must:
new text end

new text begin (1) be present on the switch stand side of the track from not less than 50 feet ahead
of each switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
behind the switch stand;
new text end

new text begin (2) if 20 feet or more from the switch stand, be not less than six feet in width;
new text end

new text begin (3) if less than 20 feet, but more than four feet from the switch stand:
new text end

new text begin (i) be not less than six feet in width;
new text end

new text begin (ii) have a straight outer edge; and
new text end

new text begin (iii) occupy a total area of not less than 120 square feet; and
new text end

new text begin (d) if less than four feet from the switch stand, be not less than three feet in width.
new text end

Sec. 11.

new text begin [219.378] WALKWAYS BY MAIN-LINE TRACK AT TURNOUTS FOR
SWITCHING CARS.
new text end

new text begin Walkways alongside main-line track at turnouts used frequently for switching cars,
in addition to the requirements of sections 219.373 to 219.377, must:
new text end

new text begin (1) be present on the switch stand side of the track from not less than 125 feet
ahead of the switch stand to not less than 25 feet beyond the 12-1/2 feet clearance point
behind the switch stand;
new text end

new text begin (2) if 20 feet or more from the switch stand, be not less than six feet in width;
new text end

new text begin (3) if less than 20 feet, but more than four feet from the switch stand:
new text end

new text begin (i) be not less than six feet in width;
new text end

new text begin (ii) have a straight outer edge; and
new text end

new text begin (iii) occupy a total area of not less than 120 square feet; and
new text end

new text begin (4) if less than four feet from the switch stand, be not less than three feet in width.
new text end

Sec. 12.

new text begin [219.379] WALKWAYS BY TRACK AT OTHER TURNOUTS.
new text end

new text begin Walkways alongside tracks at short-line and branch-line turnouts and, except as
otherwise provided in section 219.378, at all power-operated turnouts, in addition to
the requirements of section 219.373, must:
new text end

new text begin (1) be present on the switch stand side of the track from not less than 50 feet ahead
of the switch stand to not less than the 12-1/2 feet clearance point behind the switch stand;
new text end

new text begin (2) if ten feet or more from the switch stand, be not less than five feet in width;
new text end

new text begin (3) if less than ten feet, but more than four feet from the switch stand:
new text end

new text begin (i) be not less than five feet in width;
new text end

new text begin (ii) have a straight outer edge; and
new text end

new text begin (iii) occupy a total area of not less than 39 square feet; and
new text end

new text begin (4) if four feet or less from the switch stand, be not less than three feet in width.
new text end

Sec. 13.

new text begin [219.381] WALKWAY EXEMPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Existing track. new text end

new text begin (a) Except as otherwise provided in paragraph
(b), sections 219.373 to 219.382 do not apply to track placed in revenue service before
the effective date of this section.
new text end

new text begin (b) The commissioner of transportation shall issue an order requiring the
construction or maintenance of such a walkway alongside track described in paragraph
(a) on determining, after notice and hearing, that the construction or maintenance of a
walkway alongside the track is:
new text end

new text begin (1) necessary to eliminate an unsafe condition; and
new text end

new text begin (2) practicable.
new text end

new text begin Subd. 2. new text end

new text begin Small business. new text end

new text begin (a) Except as otherwise provided in paragraph (b), a small
business that owns or operates any track in this state is exempt from sections 219.373 to
219.382.
new text end

new text begin (b) On determining after notice and hearing that exempting a small business that
owns or operates any track in this state pursuant to paragraph (a) poses an unreasonable
threat of substantial harm to the public safety, the commissioner of transportation shall
order that business to eliminate any unsafe walkway condition.
new text end

new text begin (c) As used in this section, "small business" has the meaning given it in section
645.445.
new text end

Sec. 14.

new text begin [219.382] RULES.
new text end

new text begin The commissioner of transportation may adopt rules under chapter 14 to implement
and administer sections 219.371 to 219.381.
new text end

Sec. 15. new text begin SHORT TITLE.
new text end

new text begin Sections 2 to 14 may be cited as the "Railroad Walkways Safety Act."
new text end

Sec. 16. new text begin APPROPRIATION.
new text end

new text begin $125,000 is appropriated from the general fund to the commissioner of transportation
for the fiscal year ending June 30, 2008, for the purposes of this act. The commissioner of
transportation shall assess each Class I Rail Carrier under section 2 an amount sufficient to
repay this appropriation, to be deposited in the general fund before July 1, 2008.
new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 1, 2007, except that any provision authorizing the
imposition of a fine or administrative penalty is effective July 1, 2008.
new text end