CHAPTER 10. RAILROAD EMPLOYEE SANITARY FACILITIES
IC 8-9-10
Chapter 10. Railroad Employee Sanitary Facilities
IC 8-9-10-1
Duty to provide; terminals; mobile camps for maintenance of way
employees
Sec. 1. (a) As used in this section, "mobile camp" means a
temporary location where at least two (2) railroad maintenance of
way employees are housed.
(b) Every railroad company within the state of Indiana shall
provide and adequately maintain a heated room or rooms at all
terminals, headquarters, and mobile camps in the operation of the
railroad company, for the use of its employees.
(c) Each room required by subsection (b) must contain adequate
wash basins, shower-baths, inside toilets, and sufficient lockers for
checking employees' clothing.
(d) Every railroad shall maintain at all permanent assembly points
and mobile camps a supply of drinking water dispensed in a sanitary
manner. A permanent assembly point under this chapter is a location
where a minimum of two (2) maintenance of way employees meet for
not less than six (6) months of each year.
(e) A railroad company that houses maintenance of way
employees in a mobile camp shall provide and adequately maintain
for the employees' use outfit cars, camp cars, or trailers in
compliance with the rules adopted under IC 16-19-3-4.4.
(f) A railroad company that houses maintenance of way
employees in a mobile camp shall:
(1) not later than two (2) business days after employees arrive
at that location, notify the local health department with
jurisdiction in the area in which the mobile camp is located of
the existence of the mobile camp; and
(2) request and permit inspection by an authorized
representative of the local health department to ensure the
conditions of the outfit cars, camp cars, or trailers are sanitary
and healthful for the:
(A) maintenance of way employees; and
(B) local community.
(g) A railroad company shall locate and maintain a mobile camp
described in subsection (e) in a safe and healthy environment.
(Formerly: Acts 1965, c.154, s.1.) As amended by P.L.62-1984,
SEC.138; P.L.83-2007, SEC.1.
IC 8-9-10-2
Hearings; investigations; mandamus; preference to cases
Sec. 2. (a) Whenever the Indiana department of transportation
secures reliable information, receives a complaint, or, because of
reports made by the department's inspectors, has reason to believe
that a railroad company in this state does not provide and adequately
maintain the sanitary facilities provided for in section 1(b) through
1(e) of this chapter, the department shall make an investigation as
necessary. The department shall conduct a hearing at which both the
railroad company and the employees affected will be given a full
opportunity to present evidence as to the necessity and
reasonableness of the proposed changes or improvements.
(b) When the investigation required under subsection (a) is made,
the Indiana department of transportation shall report to the manager
or superintendent of the railroad company. In the report and
recommendations, the department shall make an accurate statement
of the time the examination was made, of the exact location,
character, and extent of defects or omissions, if any have been found,
and shall recommend reasonable changes and improvements,
additions, buildings, and accommodations, as are, in the opinion of
the department, necessary to remedy the faults, neglect,
requirements, or defects. The recommendations must set out
specifically a reasonable time within which such improvements or
changes or additions shall be made by the railroad company.
(c) If the recommendations under subsection (b) are not carried
out within the time specified, then the Indiana department of
transportation may commence proceedings by mandamus or other
remedy in a circuit or superior court having jurisdiction to enforce
compliance with its order. All courts having jurisdiction in these
cases shall give preference to the cases and shall hear and determine
the case speedily to the end that the employees' interests and the
public interests may not suffer.
(Formerly: Acts 1965, c.154, s.2.) As amended by P.L.62-1984,
SEC.139; P.L.384-1987(ss), SEC.93; P.L.18-1990, SEC.102;
P.L.83-2007, SEC.2.
IC 8-9-10-3
Railroad company also subject to health rules
Sec. 3. In addition to this chapter, the railroad company is subject
to a rule adopted under IC 16-19-3-4.4.
As added by P.L.83-2007, SEC.3.