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7 LONG TITLE
8 General Description:
9 This bill establishes safety standards for walkways adjacent to railroad tracks.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires a railroad to:
14 • provide a walkway adjacent to tracks in all areas where railroad or industrial
15 employees are required to perform trackside duties;
16 • keep each walkway clean and free of vegetation, debris, and other materials,
17 equipment, and other hazards, that might tend to interfere with the footing of
18 railroad or industrial employees performing trackside duties; and
19 • construct and maintain each walkway to insure proper drainage and prevent
20 pooling of water, oil, or other liquids;
21 ▸ specifies standards for the construction and maintenance of railroad walkways;
22 ▸ specifies exceptions to the railroad walkway construction and maintenance
23 standards;
24 ▸ grants the Department of Transportation rulemaking authority to establish additional
25 construction and maintenance standards;
26 ▸ requires a railroad to furnish the Department of Transportation with any necessary
27 information and allow inspections by the commission for the enforcement of the
28 railroad walkway standards; and
29 ▸ specifies procedures and penalties for the enforcement of the railroad walkway
30 construction and maintenance standards.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 56-4-101, Utah Code Annotated 1953
38 56-4-102, Utah Code Annotated 1953
39 56-4-103, Utah Code Annotated 1953
40 56-4-104, Utah Code Annotated 1953
41 56-4-105, Utah Code Annotated 1953
42 56-4-106, Utah Code Annotated 1953
43 56-4-107, Utah Code Annotated 1953
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45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 56-4-101 is enacted to read:
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48 56-4-101. Title.
49 This chapter is known as the "Railroad Worker Safety Act."
50 Section 2. Section 56-4-102 is enacted to read:
51 56-4-102. Definitions.
52 As used in this chapter:
53 (1) "Department" means the Department of Transportation established in Section
54 72-1-201.
55 (2) "Railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
56 (3) "Trackside duties" means:
57 (a) switching or inspecting trains stopped by trackside detectors;
58 (b) performing air tests; or
59 (c) performing train inspections.
60 (4) "Walkway" means an area located alongside or in the vicinity of a railroad track, or
61 on a trestle or bridge, that provides space so a railroad employee can perform duties associated
62 with the track, trestle, or bridge.
63 Section 3. Section 56-4-103 is enacted to read:
64 56-4-103. Railroad walkway safety requirements.
65 (1) A railroad corporation shall:
66 (a) provide a walkway adjacent to tracks in all areas where railroad or industrial
67 employees are required to perform trackside duties;
68 (b) maintain each walkway in a safe condition, clear of vegetation, debris, standing
69 water, and other obstructions, equipment, and hazards that might tend to interfere with the
70 footing of railroad or industrial employees performing trackside duties; and
71 (c) construct and maintain each walkway in accordance with the requirements of this
72 section to ensure proper drainage and prevent pooling of water, oil, or other liquids.
73 (2) A walkway shall:
74 (a) be constructed to a minimum width of eight feet and six inches, as measured from
75 the centerline of the track;
76 (b) have a uniform regular surface with a gradual slope not to exceed one inch of
77 elevation for each eight inches of horizontal length in any direction; and
78 (c) be constructed and maintained in such a manner that the elevation of the walkway's
79 top surface is at least level with the tome of ties, but not higher than the top of rail.
80 (3) A walkway shall be located:
81 (a) on both sides of track with a minimum distance of 125 feet on each side of every
82 switch stand or other trackside switch-throwing mechanism; and
83 (b) around all derail switch stands.
84 (4) (a) A walkway may be surfaced with:
85 (i) asphalt;
86 (ii) concrete;
87 (iii) planking;
88 (iv) grating;
89 (v) native material;
90 (vi) AREMA Standard 57 ballast; or
91 (vii) other similar material.
92 (b) If a walkway is located in an area where crews are working in the area two or more
93 days per week, including walkways within one mile of a train yard or manually operated
94 switches, the uniform surface material used shall be no larger than 3/8 inch fine.
95 (5) The area between tracks shall be kept clean and free from all foreign materials that
96 tend to build up between rails causing poor footing and deterioration of track components.
97 (6) (a) Walkway standards described in this section do not apply to a walkway adjacent
98 to:
99 (i) tracks in a street or tunnel;
100 (ii) an existing bridge;
101 (iii) a grade separation structure;
102 (iv) a railroad-highway crossing;
103 (v) an existing trestle;
104 (vi) a cattle guard; or
105 (vii) tracks during periods of damage or obstruction due to heavy rain or snow,
106 derailments, rock and earth slides, and other noncompliance that may exist during an
107 emergency.
108 (b) A walkway described in Subsection (6)(a)(vii) shall be brought back into
109 compliance with this section within 30 days after the damage or obstruction occurred.
110 (c) A railroad corporation shall seek a waiver from compliance to relevant walkway
111 standards described in this section if the walkway is adjacent to:
112 (i) tracks adjacent to a walk, abutment, platform, pillar, or structure where minimum
113 widths are not available; or
114 (ii) tracks where there is insufficient width of right-of-way, except that standards in this
115 section shall apply to the full width of right-of-way available.
116 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
117 department may adopt rules governing safe walkways for railroad workers in areas where work
118 is regularly performed on the ground.
119 Section 4. Section 56-4-104 is enacted to read:
120 56-4-104. Duty of railroads to comply -- Inspection by department.
121 (1) A railroad corporation shall:
122 (a) comply with any regulation or order of the department issued under the provisions
123 of this chapter; and
124 (b) furnish any information required by the department for purposes of this chapter.
125 (2) The department or the department's authorized agent may, during reasonable hours,
126 enter the place of operation of a railroad to determine whether a railroad is complying with the
127 standards prescribed by this chapter.
128 Section 5. Section 56-4-105 is enacted to read:
129 56-4-105. Agency actions.
130 (1) An employee may file a request for agency action with the department charging a
131 violation of:
132 (a) this chapter; or
133 (b) a department rule prescribed in accordance with Subsection 56-4-103(7).
134 (2) The department may initiate an action by filing a notice of agency action.
135 Section 6. Section 56-4-106 is enacted to read:
136 56-4-106. Judicial review.
137 (1) A party aggrieved by an order of the department may obtain judicial review.
138 (2) Venue for judicial review of informal adjudicative proceedings under this chapter is
139 in the district court of the county in which the place of employment is located.
140 Section 7. Section 56-4-107 is enacted to read:
141 56-4-107. Failure to comply with order or regulation -- Penalty.
142 (1) A railroad corporation failing to comply with an order or regulation of the
143 department authorized by this chapter shall be liable for a penalty of $1,500 for each day of
144 noncompliance.
145 (2) The attorney general shall file suit on behalf of the state for any unpaid penalty
146 within one year after the penalty accrues.