Sec. 13b-354a. Maintenance of margins alongside tracks and rights-of-way. Filing complaint by railroad labor representative. Regulations.
Sec. 13b-354a. Maintenance of margins alongside tracks and rights-of-way.
Filing complaint by railroad labor representative. Regulations. (a) Every railroad
shall maintain and keep clear of debris the margins alongside their tracks on their right-of-way and alongside their yard tracks used for switching operations where railroad
employees are required to walk in the course of their duties. Such margins constitute
the area between the ends of the ties and a distance of nine feet on either side of the
center line of any track in any yard. Each railroad shall keep the area around any switch
in any such yard clear of debris for a distance of nine feet on either side of the center
line of any tracks wherein any such switch is located. Such debris shall include, but not
be limited to, used or discarded brake shoes, air hoses, railroad ties, or portions thereof,
parts of railroad cars or locomotives, lumber and oil, grease or waste of any type. Debris
does not include track materials being placed on or removed from the tracks under
maintenance or replacement programs concerning which the railroad has notified its
employees of the presence and location of such materials.
(b) If after fifteen days all normal collective bargaining procedures or those specified in state or federal regulations have failed to resolve a debris condition as specified
in this section, upon the filing by a recognized railroad labor representative, as defined
by the Railway Labor Act, 45 USC 151 to 159a, inclusive, as from time to time amended,
of a written, verified complaint with the railroad superintendent of the division involved
and with the Department of Transportation, designating the nature of the debris and the
particular area or location where any of the above-described debris has existed for a
period of at least seventy-two hours, the superintendent of the division shall advise the
complainant as well as the Department of Transportation within ten days as to the specific
remedies or actions said superintendent intends to take to resolve the complaint. If the
superintendent takes issue or disagrees with the verified complaint filed by the designated railroad labor representative, he shall within ten days so notify said representative
and the Department of Transportation. The Department of Transportation shall be allowed a period of fifteen days to determine the veracity of said complaint. If the complaint proves to be correct as verified by the Department of Transportation inspector,
the Department of Transportation shall then issue appropriate orders to the railroad
specifying that the conditions be rectified within ten days. At the end of the tenth day,
if the conditions still persist, the Department of Transportation shall be empowered to
fine the railroad the sum of fifty dollars per day until such time as the complaint has
been rectified.
(c) The Department of Transportation shall adopt regulations, in accordance with
chapter 54, to carry out the provisions of this section.
(P.A. 89-372, S. 3, 4; P.A. 03-115, S. 79.)
History: P.A. 03-115 amended Subsec. (c) to make a technical change.