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49 U.S.C. § 21106Limitations on employee sleeping quarters

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 321 words · no verdicts yet

in plain englishAI-generated · not legal advice

Railroads can only offer sleeping quarters that are clean, safe, sanitary, and quiet, with toilets and clean water. New sleeping quarters can't be built near railroad switching areas after July 7, 1976. By the end of 2010, all camp cars must meet these rules or railroads can be fined.

(a) In General: Railroads and their officers can only provide sleeping quarters -- including crew quarters, camp cars, bunk cars, and trailers -- for employees and right-of-way workers if those quarters are clean, safe, and sanitary. The quarters must let people rest without noise the railroad controls. They also need indoor toilets, clean drinking water, and other features that protect health. After July 7, 1976, railroads can't start building or rebuilding these sleeping quarters in or near areas where switching or humping operations happen, as defined by Department of Transportation rules. (b) Camp Cars: By December 31, 2009, any railroad using camp cars must fully fix them up or replace them so they meet the rules in subsection (a). (c) Regulations: By April 1, 2010, the Secretary of Transportation, working with the Secretary of Labor, must write rules to carry out subsection (a)(1) for camp cars. These rules must require all camp cars to comply by December 31, 2010. When writing the rules, the Secretary must look at what railroads have already done to fix up or replace their camp cars. (d) Compliance and Enforcement: The Secretary decides whether a railroad has properly fixed up or replaced its camp cars under subsection (b), and must stop the use of any camp car that doesn't comply. The Secretary can also fine railroads under chapter 213 for breaking this section.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

A railroad carrier and its officers and agents—

(1)

may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; and

(2)

may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.

(b)Camp Cars.—

Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a).

(c)Regulations.—

Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section.

(d)Compliance and Enforcement.—

The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for violations of this section.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 891; Pub. L. 110–432, div. A, title IV, § 420, Oct. 16, 2008, 122 Stat. 4893.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 891
  • 2008Amended · Pub. L. 110-432 · 122 Stat. 4893

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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