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Introduced Version House Bill 3126 History

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H. B. 3126

 

         (By Delegates Boggs, Smith, Hatfield,

          Storch, Fleischauer, Manchin, Longstreth,

                    Sumner and Poore)

         [Introduced February 15, 2011; referred to the

Committee on Roads and Transportation then the Judiciary.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-2-16, relating to railroad companies; requiring a railroad company to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use; and requiring a railroad company to provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §31-2-16, to read as follows:

ARTICLE 2. RAILROAD COMPANIES.

§31-2-16. Railroad company pesticide use.

    (a) No later than forty-eight hours before applying a pesticide to a right-of-way that a railroad company owns or maintains, the railroad company shall provide pesticide safety information at a central location accessible to employees of the railroad company. A railroad company shall include all of the following in the safety information provided under this subdivision:

    (1) The location and description of the area to be treated.

    (2) The name of the pesticide, its active ingredients, and its registration number under 7 U.S.C. §§ 136 et seq.

    (3) The time and date that the pesticide is to be applied.

    (4) Any restricted entry interval specified on the pesticide labeling.

    (5) A description of where the information required to be on the pesticide label under 7 U.S.C. §§ 136 et seq or under the provisions of article sixteen-a, chapter nineteen of this code is available for review.

    (6) Emergency medical contact information.

    (b) A railroad company shall keep the information required by subsection (a) posted at the location accessible to employees of the railroad for at least thirty days after the day of application.

    (c) No later than forty-eight hours before applying a pesticide to a right-of-way that a railroad company owns or maintains, the railroad company shall provide all of the following to each individual who directly supervises employees who work in the area to be treated:

    (1) The information described in subdivision (2) to (6), subsection (a);

and

    (2) A description of the central location where the railroad company provides the pesticide safety information to employees under the provisions of subsection (a).

    (d) No later than forty-eight hours before applying a pesticide to a right-of-way that a railroad company owns or maintains, the railroad company shall provide to each county and municipal law-enforcement agency with jurisdiction over the area in which the pesticide will be applied a description of the area to be treated and how to obtain answers to questions about the pesticide application, including a telephone number for the railroad company and any toll-free telephone number maintained by the railroad company or the Commissioner of Agriculture of the State of West Virginia to provide information about pesticides. Information provided under this subsection is not subject to the right of inspection or copying the provisions of article one, chapter twenty-nine-b, the Freedom of Information statute.

    (e) A railroad company shall make available to the public on its Internet site a description of how to obtain answers to questions about pesticide use by the railroad company, including a telephone number for the railroad and any toll-free number maintained by the railroad company or the Commissioner of Agriculture of the State of West Virginia to provide information about pesticide use.

    (f) A railroad company shall provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards and to other employees who, due to the nature of their employment, may work in areas to which pesticides have been applied and shall keep records, for each training session, of the date, the employees attending, and the name of the trainer and the trainer’s employer. In the training under this subsection, a railroad company shall include information about restricted entry intervals, requirements for personal protective equipment, how to read pesticide labels, and incident and complaint reporting.

 

 

 

    NOTE: The purpose of this bill is to require a railroad company to provide pesticide safety information at a central location accessible to employees of the railroad company and to the public and local communities along the right-of-way treated by pesticide use. The bill also requires a railroad company to provide pesticide safety training annually to its employees who work along railroad rights-of-way and in rail yards.

 

 

    This section is new; therefore, it has been completely underscored.

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