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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 |
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 are housed in camp cars, bunk cars, | 9 |
sleeping cars, outfit cars, or trailers. | 10 |
(2) "Maintenance of way employee" means a person who is | 11 |
employed to maintain railroad rights-of-way. | 12 |
(3) "Permanent assembly point" means a location where | 13 |
maintenance of way employees meet for work at the beginning and | 14 |
end of each work day. | 15 |
(4) "Board of health" means a board of health of a city or | 16 |
general health district or the authority having the duties of a | 17 |
board of health under section 3709.05 of the Revised Code. | 18 |
(5) "Employee organization" has the same meaning as in | 19 |
section 4117.01 of the Revised Code. | 20 |
(B) Any railroad company that operates in this state shall | 21 |
provide and adequately maintain for the use of its employees at | 22 |
least one heated room at all terminals and headquarters located in | 23 |
Ohio that are operated by that railroad company. Each room shall | 24 |
contain all of the following: | 25 |
(1) A washbasin, determined by the director of health to be | 26 |
adequate; | 27 |
(2) A shower or bath; | 28 |
(3) An indoor toilet; | 29 |
(4) A minimum of one locker for each employee of sufficient | 30 |
size to store the employee's clothing. | 31 |
(C) Any railroad company that operates in this state shall | 32 |
maintain at all permanent assembly points located in this state a | 33 |
supply of drinking water that is determined by the director to be | 34 |
sufficient for all employees and that is dispensed in a sanitary | 35 |
manner. | 36 |
(D) Any railroad company that houses maintenance of way | 37 |
employees in a mobile camp in this state shall provide and | 38 |
adequately maintain that mobile camp with all of the following: | 39 |
(1) Heat and air conditioning in each car; | 40 |
(2) Washbasins, showers, and indoor toilets determined by the | 41 |
director to be adequate in number; | 42 |
(3) Lockers for the clothing and personal belongings of | 43 |
maintenance of way employees, determined by the director to be | 44 |
adequate in number; | 45 |
(4) A supply of potable water dispensed in a sanitary manner | 46 |
for drinking, bathing, cooking, and cleaning cooking utensils that | 47 |
is determined by the director to be adequate; | 48 |
(5) Minimum floor space of eighty square feet per occupant | 49 |
using single beds with a maximum of four occupants per car. | 50 |
(E) Any railroad company that houses maintenance of way | 51 |
employees in this state shall install and permanently wire, with | 52 |
battery backup, an emergency alert weather radio, a smoke | 53 |
detector, and a carbon monoxide detector and shall post emergency | 54 |
evacuation instructions specific to the housing location in each | 55 |
car. | 56 |
(F)(1) Any railroad company that houses maintenance of way | 57 |
employees in mobile camps in this state shall notify the board of | 58 |
health with jurisdiction in the area where the mobile camp is | 59 |
located of the existence of the mobile camp within two business | 60 |
days after the employees arrive at the mobile camp. In addition, | 61 |
the railroad company shall request and permit inspection of the | 62 |
camp and the cars by an authorized representative of the board of | 63 |
health to ensure that the camp and cars are sanitary and healthful | 64 |
for the maintenance of way employees and for the local community. | 65 |
(2) Prior to any inspection, the railroad company shall pay | 66 |
to the board of health the fee prescribed by division (L)(2) of | 67 |
this section. The board of health shall deposit the fee in the | 68 |
district health fund of the board of health. | 69 |
(G) Notwithstanding section 3717.42 of the Revised Code, no | 70 |
railroad company shall operate any commissary car or cook car, | 71 |
alone or in conjunction with a mobile camp, for the preparation | 72 |
and service of food for maintenance of way employees, without a | 73 |
mobile food service operation license issued under section 3717.43 | 74 |
of the Revised Code. | 75 |
(H) No railroad company shall fail to comply with this | 76 |
section. | 77 |
(I) The director of health may investigate any railroad | 78 |
company that allegedly has violated this section. If after the | 79 |
investigation, the director determines that reasonable evidence | 80 |
exists that a railroad company has violated this section, within | 81 |
seven days after that determination, the director shall send a | 82 |
written notice to the railroad company and the company's | 83 |
maintenance of way employees in the same manner as prescribed in | 84 |
section 119.07 of the Revised Code, except that the notice shall | 85 |
specify that a hearing will be held and specify the date, time, | 86 |
and place of the hearing. | 87 |
(J) The director shall hold a hearing regarding an alleged | 88 |
violation of this section in the same manner prescribed for an | 89 |
adjudication hearing under section 119.09 of the Revised Code. If | 90 |
the director determines after the hearing that a violation has | 91 |
occurred, the director shall issue a report and recommendations to | 92 |
the railroad company that includes all of the following | 93 |
information: | 94 |
(1) The time any examination regarding the alleged violation | 95 |
was made by a local department of health or by the director; | 96 |
(2) The exact location, character, and extent of the | 97 |
violation; | 98 |
(3) Reasonable changes, improvements, additions, buildings, | 99 |
or accommodations necessary to remedy the violation; | 100 |
(4) A reasonable time within which the changes, improvements, | 101 |
additions, buildings, or accommodations must be completed. | 102 |
(K) If the railroad company does not complete the | 103 |
recommendations issued to the railroad company pursuant to | 104 |
division (J) of this section, the director, through the attorney | 105 |
general or an appropriate prosecuting attorney, may apply to an | 106 |
appropriate court for an order enjoining the violation of this | 107 |
section. On the filing of a verified petition, the court shall | 108 |
conduct a hearing on the petition and give the same preference to | 109 |
the proceeding as is given to all proceedings under Chapter 119. | 110 |
of the Revised Code, irrespective of the position of the | 111 |
proceeding on the court's calendar. On a showing that the | 112 |
railroad company violated this section, the court shall grant an | 113 |
injunction or other order as appropriate. | 114 |
(L) The director shall adopt rules to administer this | 115 |
section, including all of the following rules: | 116 |
(1) Rules regulating the sanitary conditions, operation, and | 117 |
facilities of mobile camps; | 118 |
(2) Rules determining standards of adequacy or sufficiency | 119 |
for the purposes of divisions (B), (C), and (D) of this section; | 120 |
(3) A fee for inspection pursuant to division (F) of this | 121 |
section and an additional fee for any mobile camp that houses more | 122 |
than fifty occupants. The additional fee shall be incrementally | 123 |
increased for each additional group of fifty occupants. For | 124 |
purposes of calculating the additional fee when the number of | 125 |
occupants is not evenly divisible by fifty, the number of | 126 |
occupants shall be rounded up to the next higher increment of | 127 |
fifty. | 128 |
(4) Rules allowing a board of health to conduct an | 129 |
investigation pursuant to division (F) of this section with the | 130 |
director, a representative of the appropriate employee | 131 |
organization, or a representative of the railroad company. | 132 |