Railroad track clearance and railroad walkways and providing a penalty. (FE)

Current law also prohibits the construction or reconstruction, after December 31, 1993, of any overhead structure that has a vertical clearance of less than 23 feet above the top of the rail of a railroad track. However, OCR may exempt an overhead structure from this minimum vertical clearance requirement if OCR finds that the structure will not imperil life or limb and that the public interest requires or permits the structure to be exempted from the vertical clearance requirement. Telltales (arrangements of long strips of rope, wire, or other material hanging from a bar over railroad tracks to warn of an upcoming low overhead structure) are generally not required above railroad tracks unless required under federal law or unless OCR orders installation of a telltale after finding that the absence of a telltale would create an unreasonable risk of harm to the public or a railroad employee on a railroad not under the jurisdiction of the Federal Railroad Administration. An employee of a railroad who is injured by or because of the existence of a bridge or other structure over railroad tracks at a height less than 23 feet, which has not been protected by telltales, is not be considered to have assumed the risk of the injury.

Also under current law, whenever a complaint is made with OCR that a railroad bridge lacks walks or railings and is therefore dangerous to railroad employees and the safety of these employees requires alteration of the bridge to provide for walks and railings, or OCR determines that the safety of railroad employees requires the alteration of a railroad bridge, OCR must hold a hearing. After the hearing, OCR may order alteration of the bridge, at the railroad's expense.

This bill requires railroads to provide walkways adjacent to those portions of yard tracks where railroad employees frequently work on the ground performing switching activities. These walkways must meet certain requirements, including that they be at least two feet wide, be maintained in a safe condition, be free of hazards and obstructions, and be surfaced with certain types of materials. These walkway requirements generally apply only to new construction and reconstruction of yard track completed after the bill's effective date (which is approximately six months after enactment) and only to class one and class two rail carriers as classified by the federal Surface Transportation Board. There are certain exceptions to these walkway requirements and OCR may also waive these requirements under specified circumstances. OCR may also impose these walkway requirements by order if OCR finds that railroad employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed on or before the bill's effective date. A railroad that violates these walkway requirements or fails to obey an order made by OCR must forfeit $500 for each violation.

The bill also creates additional horizontal clearance requirements for railroads.

Under the bill, with limited exceptions, a railroad may not construct or reconstruct, after the bill's effective date, any of the following: 1) any railroad track used for moving cars engaged in the movement of traffic the center line of which is within 14 feet from the center line of any other parallel track to which it adjoins; 2) any ladder track closer than 19 feet to an adjacent ladder track, as measured from the center line of each track; or 3) any ladder track closer than 17 feet to any other parallel track, as measured from the center line of each track. A railroad also may not permit the space between or beside any railroad tracks that is ordinarily used by employees in the discharge of their duties and that is within 8.5 feet of the center line of the track to become or remain obstructed by a foreign obstacle that will interfere with the work of the employees or subject the employees to any unnecessary hazard. The bill also provides that an employee of a railroad who is injured by or because of the existence of a structure or materials within a distance from tracks that is less than the required horizontal clearance is not considered to have assumed the risk of the injury.

The bill also specifies that, for purposes of required vertical clearance over railroad tracks, wires constructed or reconstructed after the bill's effective date are overhead structures.