The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 72 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsor:
Senator Hughes
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 are housed in camp cars, bunk cars,
sleeping cars, outfit cars, or trailers.
(2) "Maintenance of way employee" means a person who is
employed to maintain railroad rights-of-way.
(3) "Permanent assembly point" means a location where
maintenance of way employees 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.
(5) "Employee organization" has the same meaning as in
section 4121.01 of the Revised Code.
(B) Any railroad company that operates in this state shall
provide and adequately maintain for the use of its employees 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) A washbasin, determined by the director of health to be
adequate;
(4) A minimum of one locker for each employee of sufficient
size to store the employee's 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 to be
sufficient for all employees and that is dispensed in a sanitary
manner.
(D) Any railroad company that houses maintenance of way
employees in a mobile camp in this state shall provide and
adequately maintain that mobile camp with all of the following:
(1) Heat and air conditioning in each car;
(2) Washbasins, showers, and indoor toilets determined by the
director to be adequate in number;
(3) Lockers for the clothing and personal belongings of
maintenance of way employees, determined by the director 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 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 in this state shall install and permanently wire, with
battery backup, an emergency alert weather radio, a smoke
detector, and a carbon monoxide detector and shall post emergency
evacuation instructions specific to the housing location in each
car.
(F)(1) Any railroad company that houses maintenance of way
employees 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 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 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.
(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, 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 may investigate any railroad
company that
allegedly has violated this section. If after the
investigation,
the director determines that reasonable evidence
exists that a
railroad company has violated this section, within
seven days
after that determination, the director shall send a
written
notice to the railroad company and the company's
maintenance of
way employees 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 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 determines after the hearing that a violation has
occurred, the director 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;
(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, 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 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, a representative of the appropriate employee
organization, or a representative of the railroad company.
|
|