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H. B. No. 200 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Murray, Ujvagi, Foley, Letson, Luckie, Boyd, Brown
A BILL
To enact section 3733.60 of the Revised Code to
require railroad companies to maintain certain
meeting, housing, and food service facilities
according to certain specifications.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3733.60 of the Revised Code be
enacted to read as follows:
Sec. 3733.60. (A) As used in this section:
(1) "Mobile camp" means a temporary location where
maintenance of way employees or contractors are housed in camp
cars, bunk cars,
sleeping cars, outfit cars, or trailers.
(2) "Maintenance of way employee or contractor" means a
person who is
employed or contracted to maintain railroad
rights-of-way.
(3) "Permanent assembly point" means a location where
maintenance of way employees or contractors meet for work at the
beginning and
end of each work day.
(4) "Board of health" means a board of health of a city or
general health district or the authority having the duties of a
board of health under section 3709.05 of the Revised Code.
(B) Any railroad company that operates in this state shall
provide and adequately maintain for the use of its employees and
contractors at
least one heated room at all terminals and
headquarters located in
this state that are operated by that
railroad company. Each room
shall
contain all of the following:
(1) At least one washbasin, with the number determined by the
director of health to be
adequate;
(2) At least one shower or bath;
(3) At least one indoor toilet;
(4) Sufficient lockers to store the employees' and
contractors' clothing.
(C) Any railroad company that operates in this state shall
maintain at all permanent assembly points located in this state a
supply of drinking water that is determined by the director of
health to be
sufficient for all employees and contractors and
that is dispensed in a sanitary
manner.
(D) Any railroad company that houses maintenance of way
employees or contractors in a mobile camp in this state shall
maintain the mobile camp in a safe and healthy environment and
shall provide and
adequately maintain that mobile camp with all
of the following:
(1) Heat and air conditioning in each car or trailer;
(2) Washbasins, showers, and indoor toilets determined by the
director of health to be adequate in number;
(3) Lockers for the clothing and personal belongings of
maintenance of way employees and contractors, determined by the
director of health to be
adequate in number;
(4) A supply of potable water dispensed in a sanitary manner
for drinking, bathing, cooking, and cleaning cooking utensils that
is determined by the director of health to be adequate;
(5) Minimum floor space of eighty square feet per occupant
using single beds with a maximum of four occupants per car.
(E) Any railroad company that houses maintenance of way
employees or contractors in this state shall install and
permanently wire, with
battery backup, an emergency alert weather
radio, a smoke
detector, and a carbon monoxide detector in each
car and shall post in each car emergency
evacuation instructions
specific to the housing location and emergency medical
instructions that include the location of the closest medical
facility.
(F)(1) Any railroad company that houses maintenance of way
employees or contractors in mobile camps in this state shall
notify the board of
health with jurisdiction in the area where
the mobile camp is
located of the existence of the mobile camp
within two business
days after the employees or contractors
arrive at the mobile camp. In addition,
the railroad company
shall request and permit inspection of the
camp and the cars by
an authorized representative of the board of
health to ensure
that the camp and cars are sanitary and healthful
for the
maintenance of way employees and contractors and for the local
community.
(2) Prior to any inspection, the railroad company shall pay
to the board of health the fee prescribed by division (L)(3) of
this section. The board of health shall deposit the fee in the
district health fund of the board of health.
(3) Any railroad company that houses maintenance of way
employees or contractors in mobile camps in this state shall
immediately notify the board of health with jurisdiction in the
area where the mobile camp is located in the event of an outbreak
or report of any serious communicable and contagious disease,
sickness, or illness of an employee or contractor or of the
release of any hazardous material or substance occurring within
the camp.
(G) Notwithstanding section 3717.42 of the Revised Code, no
railroad company shall operate any commissary car or cook car,
alone or in conjunction with a mobile camp, for the preparation
and service of food for maintenance of way employees or
contractors, without a
mobile food service operation license
issued under section 3717.43
of the Revised Code.
(H) No railroad company shall fail to comply with this
section.
(I) The director of transportation may investigate any
railroad
company that
allegedly has violated this section. If
after the
investigation,
the director of transportation
determines that reasonable evidence
exists that a
railroad
company has violated this section, within
seven days
after that
determination, the director of transportation shall send
written
notice to the railroad company and the company's
maintenance of
way employees and contractors in the same manner as prescribed in
section 119.07
of the Revised Code, except that the notice shall
specify that a
hearing will be held and specify the date, time,
and place of the
hearing.
(J) The director of transportation shall hold a hearing
regarding an alleged
violation of this section in the same manner
prescribed for an
adjudication hearing under section 119.09 of
the Revised Code. If
the director of transportation determines
after the hearing that a violation has
occurred, the director of
transportation shall issue a report and recommendations to
the
railroad company that includes all of the following
information:
(1) The time any examination regarding the alleged violation
was made by a local department
of health or by the director of
transportation;
(2) The exact location, character, and extent of the
violation;
(3) Reasonable changes, improvements, additions, buildings,
or accommodations necessary to remedy the violation;
(4) A reasonable time within which the changes, improvements,
additions, buildings, or accommodations must be completed.
(K) If the railroad company does not complete the
recommendations issued to the railroad company pursuant to
division (J) of this section, the director of transportation,
through the
attorney
general or an appropriate prosecuting
attorney, may apply
to an
appropriate court for an order
enjoining the violation of
this
section. On the filing of a
verified petition, the court
shall
conduct a hearing on the
petition and give the same
preference to
the proceeding as is
given to all proceedings under
Chapter 119.
of the Revised Code,
irrespective of the position of
the
proceeding on the court's
calendar. On a showing that the
railroad company violated this
section, the court shall grant an
injunction or other order as
appropriate.
(L) The director of health shall adopt rules to administer
this
section,
including all of the following rules:
(1) Rules regulating the sanitary conditions, operation, and
facilities of mobile camps;
(2) Rules determining standards of adequacy or sufficiency
for the purposes of divisions (B), (C), and (D) of this section;
(3) A rule specifying a fee for inspection pursuant to
division (F) of this
section and an additional fee for any mobile
camp that houses more
than fifty occupants. The additional fee
shall be incrementally
increased for each additional group of
fifty occupants. For
purposes of calculating the additional fee
when the number of
occupants is not evenly divisible by fifty,
the number of
occupants shall be rounded up to the next higher
increment of
fifty.
(4) Rules allowing a board of health to conduct an
inspection pursuant to division (F) of this section along with the
director of health, a representative of the appropriate employee
or contractor
organization, or a representative of the railroad
company.
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