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Introduced Version House Bill 2883 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 2883

 

                        (By Delegates Boggs, Manchin, Longstreth, Folk, Canterbury,

                                             Rowan, Perry, Pethtel, Ferro, Lane and A. Evans)


                        [Introduced February 23, 2015; referred to the

                        Committee on Industry and Labor then the Judiciary.]

 

 

A BILL to amend and reenact §24-3-1b of the Code of West Virginia, 1931, as amended, relating to requiring, for safety reasons, minimum personnel of two on certain trains.

Be it enacted by the Legislature of West Virginia:

            That §24-3-1b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-1b. Locomotive power units; helper units; one person crew prohibited; engineer requirement; restrictions on selection of crew; definitions; promulgation of rules.

            (a) The legislature finds that the increasing transportation of hazardous and volatile materials on the railroads operating within our state, as well as significantly longer trains operating over the unique and widely varying geographical terrain existing in our state coupled with decreasing train crew size, creates a significant localized safety hazard to the public and the environment. Adequate personnel is critical to insuring railroad operational safety, security, and in the event of a hazardous material incident, support of first responder activities. Therefore, the Legislature declares that this act regulating minimum railroad crew staffing to reduce risk to localities constitutes an exercise of the state's power to protect and promote the health, safety, security and welfare of the residents of the state by reducing the risk exposure to local communities and protecting environmentally sensitive or pristine lands and waterways.

            (b) Except for helper units and operation in its yards or terminals and except where a train is being moved as an actual movement into or from another state not having a requirement of at least two persons controlling a locomotive as is required in this state pursuant to this section, no railroad may permit or require any crew-controlled locomotive power unit including helper units that is not attached to a train to be operated by a crew of fewer than two persons. At least one crew member shall be a Federal Railroad Administration certified and licensed locomotive engineer within the meaning of applicable federal statutes and regulations. The second crew member shall be selected from either train service or engine service personnel. Provided, That the selection does not violate federal statutes or regulations or local collective bargaining agreements.

            (b) (c) As used in this section:

            (1) "Crew-controlled locomotive" means a locomotive power unit, single or in multiple, which is operated by on-board personnel, but does not include units controlled by radio or other remote control by a crew on another locomotive power unit.

            (2) "Helper unit" means a locomotive power unit placed at some point in a train for the purpose of supplementing the power available from the locomotive power unit controlling a train.

            (c) (d) It is unlawful to institute any disciplinary action or other adverse administrative action against any person who reports a violation of or acts to enforce the provisions of this section or this article. The person's remedies under this section are in addition to any other remedies that may be otherwise available.

            (d) (e) The Public Service Commission shall, on or before July 1, 1993 September 1, 2015, promulgate rules to implement the provisions of this section.

 


            NOTE: The purpose of this bill is to require, for safety reasons, a minimum personnel of two on certain trains.


            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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