Bill Text: OH HB200 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To require railroad companies to maintain certain meeting, housing, and food service facilities according to certain specifications.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2009-06-02 - To Transportation & Infrastructure [HB200 Detail]
Download: Ohio-2009-HB200-Introduced.html
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Representative Yuko
Cosponsors:
Representatives Murray, Ujvagi, Foley, Letson, Luckie, Boyd, Brown
| To enact section 3733.60 of the Revised Code to | 1 |
| require railroad companies to maintain certain | 2 |
| meeting, housing, and food service facilities | 3 |
| according to certain specifications. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3733.60 of the Revised Code be | 5 |
| enacted to read as follows: | 6 |
| Sec. 3733.60. (A) As used in this section: | 7 |
| (1) "Mobile camp" means a temporary location where | 8 |
| maintenance of way employees or contractors are housed in camp | 9 |
| cars, bunk cars, sleeping cars, outfit cars, or trailers. | 10 |
| (2) "Maintenance of way employee or contractor" means a | 11 |
| person who is employed or contracted to maintain railroad | 12 |
| rights-of-way. | 13 |
| (3) "Permanent assembly point" means a location where | 14 |
| maintenance of way employees or contractors meet for work at the | 15 |
| beginning and end of each work day. | 16 |
| (4) "Board of health" means a board of health of a city or | 17 |
| general health district or the authority having the duties of a | 18 |
| board of health under section 3709.05 of the Revised Code. | 19 |
| (B) Any railroad company that operates in this state shall | 20 |
| provide and adequately maintain for the use of its employees and | 21 |
| contractors at least one heated room at all terminals and | 22 |
| headquarters located in this state that are operated by that | 23 |
| railroad company. Each room shall contain all of the following: | 24 |
| (1) At least one washbasin, with the number determined by the | 25 |
| director of health to be adequate; | 26 |
| (2) At least one shower or bath; | 27 |
| (3) At least one indoor toilet; | 28 |
| (4) Sufficient lockers to store the employees' and | 29 |
| contractors' clothing. | 30 |
| (C) Any railroad company that operates in this state shall | 31 |
| maintain at all permanent assembly points located in this state a | 32 |
| supply of drinking water that is determined by the director of | 33 |
| health to be sufficient for all employees and contractors and | 34 |
| that is dispensed in a sanitary manner. | 35 |
| (D) Any railroad company that houses maintenance of way | 36 |
| employees or contractors in a mobile camp in this state shall | 37 |
| maintain the mobile camp in a safe and healthy environment and | 38 |
| shall provide and adequately maintain that mobile camp with all | 39 |
| of the following: | 40 |
| (1) Heat and air conditioning in each car or trailer; | 41 |
| (2) Washbasins, showers, and indoor toilets determined by the | 42 |
| director of health to be adequate in number; | 43 |
| (3) Lockers for the clothing and personal belongings of | 44 |
| maintenance of way employees and contractors, determined by the | 45 |
| director of health to be adequate in number; | 46 |
| (4) A supply of potable water dispensed in a sanitary manner | 47 |
| for drinking, bathing, cooking, and cleaning cooking utensils that | 48 |
| is determined by the director of health to be adequate; | 49 |
| (5) Minimum floor space of eighty square feet per occupant | 50 |
| using single beds with a maximum of four occupants per car. | 51 |
| (E) Any railroad company that houses maintenance of way | 52 |
| employees or contractors in this state shall install and | 53 |
| permanently wire, with battery backup, an emergency alert weather | 54 |
| radio, a smoke detector, and a carbon monoxide detector in each | 55 |
| car and shall post in each car emergency evacuation instructions | 56 |
| specific to the housing location and emergency medical | 57 |
| instructions that include the location of the closest medical | 58 |
| facility. | 59 |
| (F)(1) Any railroad company that houses maintenance of way | 60 |
| employees or contractors in mobile camps in this state shall | 61 |
| notify the board of health with jurisdiction in the area where | 62 |
| the mobile camp is located of the existence of the mobile camp | 63 |
| within two business days after the employees or contractors | 64 |
| arrive at the mobile camp. In addition, the railroad company | 65 |
| shall request and permit inspection of the camp and the cars by | 66 |
| an authorized representative of the board of health to ensure | 67 |
| that the camp and cars are sanitary and healthful for the | 68 |
| maintenance of way employees and contractors and for the local | 69 |
| community. | 70 |
| (2) Prior to any inspection, the railroad company shall pay | 71 |
| to the board of health the fee prescribed by division (L)(3) of | 72 |
| this section. The board of health shall deposit the fee in the | 73 |
| district health fund of the board of health. | 74 |
| (3) Any railroad company that houses maintenance of way | 75 |
| employees or contractors in mobile camps in this state shall | 76 |
| immediately notify the board of health with jurisdiction in the | 77 |
| area where the mobile camp is located in the event of an outbreak | 78 |
| or report of any serious communicable and contagious disease, | 79 |
| sickness, or illness of an employee or contractor or of the | 80 |
| release of any hazardous material or substance occurring within | 81 |
| the camp. | 82 |
| (G) Notwithstanding section 3717.42 of the Revised Code, no | 83 |
| railroad company shall operate any commissary car or cook car, | 84 |
| alone or in conjunction with a mobile camp, for the preparation | 85 |
| and service of food for maintenance of way employees or | 86 |
| contractors, without a mobile food service operation license | 87 |
| issued under section 3717.43 of the Revised Code. | 88 |
| (H) No railroad company shall fail to comply with this | 89 |
| section. | 90 |
| (I) The director of transportation may investigate any | 91 |
| railroad company that allegedly has violated this section. If | 92 |
| after the investigation, the director of transportation | 93 |
| determines that reasonable evidence exists that a railroad | 94 |
| company has violated this section, within seven days after that | 95 |
| determination, the director of transportation shall send written | 96 |
| notice to the railroad company and the company's maintenance of | 97 |
| way employees and contractors in the same manner as prescribed in | 98 |
| section 119.07 of the Revised Code, except that the notice shall | 99 |
| specify that a hearing will be held and specify the date, time, | 100 |
| and place of the hearing. | 101 |
| (J) The director of transportation shall hold a hearing | 102 |
| regarding an alleged violation of this section in the same manner | 103 |
| prescribed for an adjudication hearing under section 119.09 of | 104 |
| the Revised Code. If the director of transportation determines | 105 |
| after the hearing that a violation has occurred, the director of | 106 |
| transportation shall issue a report and recommendations to the | 107 |
| railroad company that includes all of the following information: | 108 |
| (1) The time any examination regarding the alleged violation | 109 |
| was made by a local department of health or by the director of | 110 |
| transportation; | 111 |
| (2) The exact location, character, and extent of the | 112 |
| violation; | 113 |
| (3) Reasonable changes, improvements, additions, buildings, | 114 |
| or accommodations necessary to remedy the violation; | 115 |
| (4) A reasonable time within which the changes, improvements, | 116 |
| additions, buildings, or accommodations must be completed. | 117 |
| (K) If the railroad company does not complete the | 118 |
| recommendations issued to the railroad company pursuant to | 119 |
| division (J) of this section, the director of transportation, | 120 |
| through the attorney general or an appropriate prosecuting | 121 |
| attorney, may apply to an appropriate court for an order | 122 |
| enjoining the violation of this section. On the filing of a | 123 |
| verified petition, the court shall conduct a hearing on the | 124 |
| petition and give the same preference to the proceeding as is | 125 |
| given to all proceedings under Chapter 119. of the Revised Code, | 126 |
| irrespective of the position of the proceeding on the court's | 127 |
| calendar. On a showing that the railroad company violated this | 128 |
| section, the court shall grant an injunction or other order as | 129 |
| appropriate. | 130 |
| (L) The director of health shall adopt rules to administer | 131 |
| this section, including all of the following rules: | 132 |
| (1) Rules regulating the sanitary conditions, operation, and | 133 |
| facilities of mobile camps; | 134 |
| (2) Rules determining standards of adequacy or sufficiency | 135 |
| for the purposes of divisions (B), (C), and (D) of this section; | 136 |
| (3) A rule specifying a fee for inspection pursuant to | 137 |
| division (F) of this section and an additional fee for any mobile | 138 |
| camp that houses more than fifty occupants. The additional fee | 139 |
| shall be incrementally increased for each additional group of | 140 |
| fifty occupants. For purposes of calculating the additional fee | 141 |
| when the number of occupants is not evenly divisible by fifty, | 142 |
| the number of occupants shall be rounded up to the next higher | 143 |
| increment of fifty. | 144 |
| (4) Rules allowing a board of health to conduct an | 145 |
| inspection pursuant to division (F) of this section along with the | 146 |
| director of health, a representative of the appropriate employee | 147 |
| or contractor organization, or a representative of the railroad | 148 |
| company. | 149 |
