Bill Text: OH SB72 | 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 (Republican 2-0)
Status: (Introduced - Dead) 2009-03-10 - To Insurance, Commerce, & Labor [SB72 Detail]
Download: Ohio-2009-SB72-Introduced.html
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Senator Patton
Cosponsor:
Senator Hughes
| 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 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 4121.01 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 |
| this state that are operated by that railroad company. Each room | 24 |
| shall 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)(3) 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 may investigate any railroad company that | 78 |
| allegedly has violated this section. If after the investigation, | 79 |
| the director determines that reasonable evidence exists that a | 80 |
| railroad company has violated this section, within seven days | 81 |
| after that determination, the director shall send a written | 82 |
| notice to the railroad company and the company's maintenance of | 83 |
| way employees in the same manner as prescribed in section 119.07 | 84 |
| of the Revised Code, except that the notice shall specify that a | 85 |
| hearing will be held and specify the date, time, and place of the | 86 |
| 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 rule specifying a fee for inspection pursuant to | 121 |
| division (F) of this section and an additional fee for any mobile | 122 |
| camp that houses more than fifty occupants. The additional fee | 123 |
| shall be incrementally increased for each additional group of | 124 |
| fifty occupants. For purposes of calculating the additional fee | 125 |
| when the number of occupants is not evenly divisible by fifty, | 126 |
| the number of occupants shall be rounded up to the next higher | 127 |
| increment of fifty. | 128 |
| (4) Rules allowing a board of health to conduct an | 129 |
| inspection pursuant to division (F) of this section along with the | 130 |
| director, a representative of the appropriate employee | 131 |
| organization, or a representative of the railroad company. | 132 |
