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Straight
Track #118
Railroad Safety Reform
Act of 2002
J. Dillon
Hoey
Hoey & Farina
An important bill -- H.R.4761 -- sponsored
by Minnesota Rep. James L. Oberstar, was introduced on May 16, 2002. The
bill has been referred to the House subcommittee on Transportation and
Infrastructure, which referred it to the Subcommittee on Railroads. |
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The bill
proposes to reform the safety practices of the railroad industry, to prevent
railroad fatalities, injuries, and hazardous materials releases, and for other
purposes.
Due to the bill's potential
ramifications concerning all railroaders, we are sharing with you the text of
the bill and encourage you to contact your Congressional representatives with
any feedback.
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HR 4761 IH
107th CONGRESS
2d Session
H. R. 4761
To reform the safety practices of the railroad industry, to prevent
railroad fatalities, injuries, and hazardous materials releases, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. OBERSTAR (for himself and Mr. FILNER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To reform the safety practices of the railroad industry, to prevent
railroad fatalities, injuries, and hazardous materials releases, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Railroad Safety Reform Act
of 2002'.
(b) TABLE OF CONTENTS-
Sec. 3. Amendment of title 49, United States Code.
TITLE I--EMPLOYEE FATIGUE
TITLE II--PROTECTION OF EMPLOYEES AND WITNESSES
TITLE III--GRADE CROSSING SAFETY
TITLE IV--PASSENGER SERVICE SAFETY STANDARDS
TITLE V--SAFETY RULEMAKING AND ENFORCEMENT
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The railroad industry has achieved a reduction in the number of
fatalities, and the number of some types of accidents, such as collisions
and grade-crossing accidents, has fallen sharply. But the number of
derailments and employee fatalities has remained almost unchanged in recent
years, and some key safety issues have not been adequately addressed.
Employee fatigue remains a critical problem, and harassment and intimidation
of railroad employees continue to cast doubt on the reliability of rail
safety statistics and to create a hostile working environment that is not
conducive to safety. Concerted efforts are needed to address these problems
so that railroad safety can be further improved.
(2) The Safety Assurance and Compliance Program is an approach to safety
that emphasizes the active partnership of the Federal Railroad
Administration, rail labor representatives, and railroad management in
identifying current safety problems and jointly developing effective
solutions to those problems. One fundamental principle of this approach is
tracing a safety problem to its root cause and attacking that cause rather
than only its symptoms. Where a problem is determined to be system-wide,
this approach calls for a system-wide solution. Under this approach, the
Federal Railroad Administration seeks to focus its inspection and
enforcement resources on the most serious safety problems. This approach has
demonstrated significant capacity for identifying and eliminating the root
cause of system-wide safety problems by enlisting those most directly
affected by such problems--railroad employees and managers--in a partnership
effort. Used together with the Federal Railroad Administration's regular
inspections and enforcement tools, this approach provides a firm basis for
addressing the safety challenges facing the changing railroad industry and
advancing toward the safety program's ultimate goal of zero tolerance for
any safety hazard in the railroad industry.
(3) The Railroad Safety Advisory Committee, which was established under
the Federal Advisory Committee Act (5 U.S.C. App. 2), is proving to be an
effective means of involving interested members of the railroad community in
the development of railroad safety rules issued by the Federal Railroad
Administration. The continued use of this collaborative method of developing
safety regulations is more likely to produce rules that are based on an
industry consensus and, accordingly, that are more readily understood and
more consistently complied with, than rules developed under more traditional
methods.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or a repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of title 49, United States Code.
TITLE I--EMPLOYEE FATIGUE
SEC. 101. DEFINITIONS.
Section 21101 is amended--
`(2) `dispatching service employee' means an operator, train dispatcher,
or other train employee, including an employee of an independent contractor,
who--
`(A) by the use of an electrical or mechanical device dispatches,
reports, transmits, receives, or delivers orders related to or affecting
train movements; or
(2) by redesignating paragraphs (3), (4), and (5), as paragraphs (4),
(7), and (8), respectively;
`(3) `dually employed' means being at the same time in the employ of two
or more railroad carriers, of two or more independent contractors, or of
both one or more railroad carriers and one or more independent
contractors.';
(4) in paragraph (4), as so redesignated by paragraph (2) of this
section, by striking `or a train employee' and inserting `a train employee,
a power director, or a transport vehicle driver';
(5) by inserting after paragraph (4), as so redesignated by paragraph
(2) of this section, the following new paragraphs:
`(5) `independent contractor' means an independent contractor to a
railroad carrier and includes a subcontractor to an independent
contractor.
`(ii) directs opening and closing of circuit breakers affecting the
movement of trains and for the protection of employees and others
engaged in work on, or in close proximity to, any portion of the
electric power distribution system which transmits electrical energy for
the propulsion of trains; or
`(iii) disconnects and sectionalizes switches as required for the
movement of trains and for the protection of employees and others
engaged in work on, or in close proximity to, any portion of the
electric power distribution system which transmits electrical energy for
the propulsion of trains.';
(6) in paragraph (7), as so redesignated by paragraph (2) of this
section, by striking `employed by a railroad carrier who is engaged in
installing, repairing, or maintaining signal systems' and inserting `engaged
in installing, repairing, or maintaining signal systems, including an
employee of an independent contractor, and including any individual who
directly supervises an individual engaged in those activities';
(7) in paragraph (8), as so redesignated by paragraph (2) of this
section, by inserting `and an employee of an independent contractor, and any
individual who directly supervises an individual engaged in those
activities' after `including a hostler'; and
`(10) `transport vehicle driver' means a manager, supervisor, official,
agent, or other employee of a railroad carrier or its independent contractor
who drives a transport motor vehicle to or from a work site for the purpose
of transporting persons employed by a railroad carrier or its independent
contractors.'.
SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.
`(1) unless that employee, during the prior 24 hours, has had at least 8
consecutive hours off duty, during which the employee receives no
communication from such employing railroad carrier or its managers,
supervisors, officers, and agents;
`(6) unless, when last released from duty at that employee's home
terminal, the employee had as much time off duty at the employee's home
terminal as the employee most recently had off duty at an away-from-home
designated terminal of the employee.
In the case of a dually employed employee, a railroad carrier shall not be
held responsible for violating this subsection because of the employee's work
schedule for another employer if none of the railroad carrier's managers,
supervisors, officers, and agents had actual knowledge of that work schedule.
For purposes of the preceding sentence, a railroad carrier's managers,
supervisors, officers, and agents shall be considered to have actual knowledge
of the work schedules of the train employees of its independent contractors. A
railroad carrier shall be held responsible for the actions of its independent
contractors in requiring or allowing a train employee to remain or go on
duty.'.
(3) in paragraph (7)(D), by striking `officer or agent' and inserting
`manager, supervisor, officer, or agent'; and
(c) NOTICE ABOUT DUAL EMPLOYMENT- Section 21103 is amended by adding at
the end the following new subsection:
`(d) NOTICE ABOUT DUAL EMPLOYMENT- (1) Not later than January 31 each
year, a railroad carrier shall inform in writing each train employee engaged
in or connected with the movement of a train the railroad carrier
operates--
more independent contractors counts as time on duty under this section;
`(3) A railroad carrier or independent contractor receiving written
notification of dual employment shall retain a copy of the notification for a
period of two years after the termination of such dual employment status. A
copy of such notification shall be made available to representatives of the
Secretary of Transportation for inspection and copying during normal business
hours at the railroad carrier's or independent contractor's system
headquarters and at such subsystem headquarters as may be required by the
Secretary by regulation.'.
SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.
`In the case of a dually employed employee, a railroad carrier shall not
be held responsible for violating this paragraph because of the employee's
work schedule for another employer if none of the railroad carrier's managers,
supervisors, officers, and agents had actual knowledge of that work schedule.
For purposes of the preceding sentence, a railroad carrier's managers,
supervisors, officers, and agents shall be considered to have actual knowledge
of the work schedules of the signal employees of its independent contractors.
A railroad carrier shall be held responsible for the actions of its
independent contractors in requiring or allowing a signal employee to remain
or go on duty.'.
(c) EMERGENCIES- Section 21104(c) is amended by adding at the end the
following: `In the case of a grade crossing at which a grade crossing
protection device is continuously operating or wholly nonoperational, a signal
employee may be allowed to remain or go on duty as provided under this
subsection to prevent motorists from entering such grade crossing, but may not
be allowed to remain or go on duty as provided under this subsection to repair
or inspect the device. If a signal employee has not received 8 or 10
consecutive hours off duty as required by subsection (a)(2), and such employee
is called to duty between 12 midnight and 6 a.m., the employee in his sole
judgment may refuse to go on duty if he feels too tired to perform the work
safely.'.
(d) NOTICE ABOUT DUAL EMPLOYMENT- Section 21104 is amended by adding at
the end the following new subsection:
`(d) NOTICE ABOUT DUAL EMPLOYMENT- (1) Not later than January 31 each
year, a railroad carrier shall inform in writing each signal employee engaged
in installing, repairing, or maintaining signal systems for the railroad
carrier--
`(3) A railroad carrier or independent contractor receiving written
notification of dual employment shall retain a copy of the notification for a
period of two years after the termination of such dual employment status. A
copy shall be made available to representatives of the Secretary of
Transportation for inspection and copying during normal business hours at the
railroad carrier's or independent contractor's system headquarters and at such
subsystem headquarters as may be required by the Secretary by regulation.'.
SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND
POWER DIRECTORS.
(a) APPLICATION- Section 21105(a) is amended by inserting `or power
director' after `dispatching service employee'.
(2) by inserting `by a railroad carrier or its managers, supervisors,
officers, and agents' after `or allowed'; and
`In the case of a dually employed employee, a railroad carrier shall not
be held responsible for violating this subsection because of the employee's
work schedule for another employer if none of the railroad carrier's managers,
supervisors, officers, and agents had actual knowledge of that work schedule.
For purposes of the preceding sentence, a railroad carrier's managers,
supervisors, officers, and agents shall be considered to have actual knowledge
of the work schedules of the dispatching service employees of its independent
contractors. A railroad carrier shall be held responsible for the actions of
its independent contractors in requiring or allowing a dispatching service
employee to remain or go on duty.'.
(c) REDESIGNATION- Subsections (c) and (d) of section 21105 are
redesignated as subsections (d) and (e), respectively.
(d) POWER DIRECTORS- Section 21105 is amended by inserting after
subsection (b) the following new subsection:
`(c) POWER DIRECTORS- A railroad carrier and its managers, supervisors,
officers, and agents may not require or allow a power director to remain or go
on duty for more than a total of 12 hours during a 24-hour period.'.
(e) DETERMINING TIME ON DUTY- Section 21105(d), as so redesignated by
subsection (c) of this section, is amended to read as follows:
`(d) DETERMINING TIME ON DUTY- In determining under subsection (b) or (c)
the time a dispatching service employee or power director is on or off duty,
time spent performing any other service for one or more railroad carriers or
independent contractors (or a combination thereof) during a 24-hour period in
which the employee is on duty in a tower, office, station, or other place is
time on duty in that tower, office, station, or place, and counts toward the
employee's aggregate time on duty.'.
(f) NOTICE ABOUT DUAL EMPLOYMENT- Section 21105 is amended by adding at
the end the following new subsection:
`(f) NOTICE ABOUT DUAL EMPLOYMENT- (1) Not later than January 31 each
year, a railroad carrier shall inform each of its dispatching service
employees and power directors in writing--
`(3) A railroad carrier or independent contractor receiving written
notification of dual employment shall retain a copy of the notification for a
period of two years after the termination of such dual employment status. A
copy shall be made available to representatives of the Secretary of
Transportation for inspection and copying during normal business hours at the
railroad carrier's or independent contractor's system headquarters and at such
subsystem headquarters as may be required by the Secretary by regulation.'.
(g) TECHNICAL AMENDMENTS- (1) The heading of section 21105 is amended by
inserting `and power directors' after `service employees'.
(2) The item in the table of sections of chapter 211 relating to section
21105 is amended by inserting `and power directors' after `service
employees'.
SEC. 105. EMPLOYEE SLEEPING QUARTERS.
`Sec. 21106. Limitations on employee sleeping quarters
`(a) GENERAL RULE- A railroad carrier and its managers, supervisors,
officers, and agents may provide sleeping quarters (including crew quarters,
camp or bunk cars, and trailers) for employees, including signal employees,
and for any individuals employed to maintain the right of way of a railroad
carrier, only if the sleeping quarters--
`(b) LOCATION- Effective January 1, 2003, sleeping quarters referred to in
subsection (a) shall not be located 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.
`(c) MAXIMUM NOISE LEVELS- The Secretary, in prescribing regulations under
this section, shall set maximum noise levels which may be experienced in
sleeping quarters. Such levels shall be based in part on single event noise
levels.'.
SEC. 106. FATIGUE MANAGEMENT PLANS.
`Sec. 21109. Fatigue management plans
`(1) REQUIREMENT- (A) Each Class I and Class II railroad carrier, each
railroad carrier providing intercity rail passenger transportation (as such
term is defined in section 24102), and each railroad carrier providing commuter rail passenger transportation (as such
term is defined in section 24102), shall submit to the Secretary of
Transportation a fatigue management plan that is designed to reduce the fatigue
experienced by railroad employees employed by the railroad carrier or its
independent contractors and to reduce the likelihood of accidents and injuries
caused by fatigue. The plan shall address safety effects of fatigue on all
employees, including employees not covered by this chapter. The plan shall be
submitted not later than 1 year after the date of the enactment of this section,
or not later than 45 days prior to commencing operations, whichever is later.
`(B) In the interest of railroad safety, additional categories or
classes of railroad carriers may be required to submit a fatigue management
plan, as determined under regulations prescribed by the Secretary.
`(C) include the name, title, address, and telephone number of the
primary person to be contacted with regard to review of the plan.
`(B) If the proposed plan or amendment to the plan is not approved, the
Secretary shall notify the affected railroad carrier as to the specific
points in which the proposed plan or amendment to the plan is deficient, and
the railroad carrier shall correct all deficiencies within 30 days following
receipt of written notice from the Secretary. If a railroad carrier does not
submit a plan (or, when directed by the Secretary, an amended plan), or if a
railroad carrier's amended plan is not approved by the Secretary, the
Secretary shall prescribe a fatigue management plan for the railroad
carrier.
`(5) EMPLOYEE PARTICIPATION- (A) Each affected railroad carrier shall
consult with, and employ good faith and use its best efforts to reach
agreement by consensus with, all of its directly affected employee groups on
the contents of the fatigue management plan and amendments to the plan, and,
except as provided in subparagraph (C), shall jointly with such groups
submit the plan and each amendment to the plan to the Secretary.
`(B) In the event that labor organizations represent classes or crafts
of directly affected employees of the railroad carrier, the railroad carrier
shall consult with these organizations in drafting the plan and amendments
to the plan. The Secretary may provide assistance to such parties in the
drafting of the plan and amendments to the plan.
`(ii) directly affected employees and labor organizations representing
a class or craft of directly affected employees may, at their option, file
a statement with the Secretary explaining their views on the plan or
amendment on which consensus was not reached.
`(1) CONSIDERATION OF VARYING CIRCUMSTANCES- Each plan filed with the
Secretary under the procedures of subsection (a) shall take into account the
varying circumstances of operations by the railroad carrier on different
parts of its system, and shall prescribe appropriate fatigue countermeasures
to address those varying circumstances.
`(2) ISSUES AFFECTING ALL EMPLOYEES- With respect to all directly
affected employees, including scheduled employees and nonscheduled
employees, the railroad carrier shall consider the need to include in its
fatigue management plan elements addressing each of the following
issues:
`(A) Education and training on the physiological and psychological
factors that affect fatigue, as well as strategies to counter fatigue,
based on current and evolving scientific and medical research and
literature.
`(C) Effects on employee fatigue of emergency response involving both
short-term emergency situations, including derailments, and long-term emergency situations, including natural disasters.
`(D) Scheduling practices involving train lineups and calling times,
including work/rest cycles for shift workers and on-call employees that
permit employees to compensate for cumulative sleep loss by guaranteeing a
minimum number of consecutive days off (exclusive of time off due to
illness or injury).
`(I) In connection with the scheduling of a duty call, increasing the
number of consecutive hours of rest off duty, during which an employee
receives no communication from the employing railroad carrier or its
managers, supervisors, officers, or agents.
`(1) PETITION- A railroad carrier and all labor organizations
representing any class or craft of directly affected employees of the
railroad carrier may jointly request, as part of a proposed fatigue
management plan, the waiver of any provisions of this chapter. The Secretary
shall publish any petition for such a waiver in the Federal Register and
shall provide all parties an opportunity to comment on the petition. The
Secretary shall also, on the request of any interested party, conduct a
hearing on the petition.
`(3) WHEN EMPLOYEES ARE NOT REPRESENTED BY LABOR ORGANIZATIONS- In the
event that labor organizations do not represent classes or crafts of
directly affected employees of a railroad carrier, the railroad carrier may,
after consulting with all of its directly affected employees or employee
groups in drafting the waiver request, request the waiver of any provisions
of this chapter, subject to the same conditions and procedures as a request
made under paragraph (1).
(b) TABLE OF SECTIONS AMENDMENT- The table of sections for chapter 211 is
amended by adding at the end the following new item:
SEC. 107. CONFORMING AMENDMENTS.
(a) Section 21102(a)(4) is amended by striking `officer or agent' and
inserting `manager, supervisor, officer, or agent'.
(c) Section 21303(c) is amended by striking `officers and agents' and
inserting `managers, supervisors, officers, agents, and independent
contractors'.
SEC. 108. LIMITATIONS ON DUTY HOURS OF TRANSPORT VEHICLE DRIVERS.
`Sec. 21110. Limitations on duty hours of transport vehicle drivers
`(a) GENERAL- Except as provided in subsection (c) of this section, a
railroad carrier and its managers, supervisors, officers, and agents may not
require or allow a transport vehicle driver to remain or go on duty--
`(1) unless that transport vehicle driver has had at least 8 consecutive
hours off duty, during which the transport vehicle driver receives no
communication from such employing railroad carrier or its managers,
supervisors, officers, and agents, during the prior 24 hours;
In the case of a dually employed transport vehicle driver, a railroad
carrier shall not be held responsible for violating this subsection because of
the transport vehicle driver's work schedule for another employer if none of
the railroad carrier's managers, supervisors, officers, and agents had actual
knowledge of that work schedule. For purposes of the preceding sentence, a
railroad carrier's managers, supervisors, officers, and agents shall be
considered to have actual knowledge of the work schedules of the transport
vehicle driver employees of its independent contractors. A railroad carrier
shall be held responsible for the actions of its independent contractors in
requiring or allowing a transport vehicle driver to remain or go on duty.
`(b) DETERMINING TIME ON DUTY- In determining under subsection (a) of this
section the time a transport vehicle driver is on or off duty, the following
rules apply:
`(c) EMERGENCIES- A transport vehicle driver, who encounters an emergency
and cannot, because of that emergency, safely complete a transportation
assignment within the 10-hour maximum driving time permitted by subsection
(a)(2), may drive and be permitted or required to drive a transport motor
vehicle for not more than 2 additional hours in order to complete that
transportation assignment or to reach a place offering safety for the
occupants of the transport motor vehicle and security for the transport motor
vehicle, if such transportation assignment reasonably could have been
completed within such 10-hour period absent the emergency. A railroad carrier
shall exercise due diligence to avoid or limit excess service even in the
event of an emergency.
`(d) NOTICE ABOUT DUAL EMPLOYMENT- (1) Not later than January 31 each
year, a railroad carrier shall inform each of its transport vehicle drivers in
writing--
`(3) A railroad carrier or independent contractor receiving written
notification of dual employment shall retain a copy of the notification for a
period of two years after the termination of such dual employment status. A
copy shall be made available to representatives of the Secretary of
Transportation for inspection and copying during normal business hours at the
railroad carrier's or independent contractor's system headquarters and at such
subsystem headquarters as may be required by the Secretary by regulation.'.
(b) TABLE OF SECTIONS AMENDMENT- The table of sections for chapter 211 is
amended by adding after the item relating to section 21109 the following new
item:
SEC. 109. ELECTRONIC RECORDKEEPING.
`Sec. 21111. Electronic recordkeeping
`In rules or waivers issued under this part concerning recordkeeping
related to compliance with this chapter, the Secretary of Transportation
shall, where appropriate, permit that records be made, maintained, or
submitted by electronic means. The Secretary shall ensure that railroad
carriers making, maintaining, or submitting such records by electronic
means--
(b) TABLE OF SECTIONS AMENDMENT- The table of sections for chapter 211 is
amended by adding after the item relating to 21110 the following new item:
SEC. 110. SPLIT SHIFTS.
Section 21103, as amended by section 102 of this Act, is further amended
by adding at the end the following new subsection:
`(e) SPLIT SHIFTS- (1) A railroad carrier and its managers, supervisors,
officers, and agents may require a train employee to work a split shift only
if the split shift begins between 12:01 a.m. and 11:59 a.m. and ends before
2:00 a.m. on the day following the day on which the shift begins.
`(2) For purposes of this subsection, the term `split shift' means a tour
of duty in which an employee, having just completed a rest period of at least
8 hours, reports for duty, works an initial work period, has an interim period
for rest of at least 4 hours but less than 8 hours at the employee's
designated terminal, and then works one or more additional work periods before
being released for a rest period of at least 8 hours.
`(3) For railroad carriers providing commuter rail passenger
transportation, as defined in section 24102 of this title, and with respect to
train employees engaged in such transportation, this subsection shall take
effect 90 days after the date of the enactment of the Railroad Safety Reform
Act of 2002. For railroad carriers other than those providing such commuter
rail passenger transportation, and for train employees engaged in other forms
of railroad transportation, this subsection shall take effect 2 years after
the date of the enactment of the Railroad Safety Reform Act of 2002.'.
SEC. 111. ROTATING SHIFTS.
`Sec. 21112. Rotating shifts
`(a) GENERAL RULE- Except as provided in sections 21103(c), 21104(c), and
21105(e), a railroad carrier and its managers, supervisors, officers, and
agents may not require or allow an employee to report for duty to begin an
8-hour shift which begins at a time that is more than 4 hours earlier or more
than 6 hours later than the time of day when that employee, within the
previous 72 hours, began a prior 8-hour shift.
`(b) DETERMINING TIME ON DUTY- For purposes of this section, the rules for
determining time on duty stated in sections 21103(b), 21104(b), and 21105(d),
as appropriate, shall apply.
`(c) STUDY- Not later than 2 years after the date of the enactment of the
Railroad Safety Reform Act of 2002, the Secretary of Transportation shall
transmit to the Congress the results of a study of--
`(d) DEFINITION- For purposes of this section, the term `8-hour shift'
means a period during which an employee is on duty for 8 consecutive hours or
longer.'.
(b) CONFORMING AMENDMENT- The table of sections for chapter 211 is amended
by adding at the end the following new item:
SEC. 112. RECOMMENDATIONS ON HOURS OF SERVICE CHANGES.
The Railroad Safety Advisory Committee shall convene a working group to
consider what legislative changes might be appropriate to chapter 211 of title
49, United States Code, relating to hours of service. Not later than 9 months
after the date of the enactment of this Act, the Advisory Committee shall
report to the Administrator of the Federal Railroad Administration on whether
it has reached consensus on any recommended changes, and if so what they are.
The Administrator shall transmit the recommendations of the Advisory Committee
to the Congress. If the Advisory Committee has not reached consensus on any
recommendations, the Administrator shall, not later than 6 months after
receiving the report of the Advisory Committee, transmit to the Congress the
Administrator's recommendations for appropriate legislative changes to such
chapter 211.
TITLE II--PROTECTION OF EMPLOYEES AND WITNESSES
SEC. 201. EXPANSION OF EMPLOYEE PROTECTIONS.
`(a) PROTECTED ACTIONS- A railroad carrier engaged in interstate or
foreign commerce, and an officer or employee of such a railroad carrier, shall
not by threat, intimidation, or otherwise attempt to prevent an employee from,
or discharge, discipline, or in any way discriminate against an employee
for--
`(5) furnishing information to the Secretary of Transportation, the
National Transportation Safety Board, or any other public official as to the
facts relating to any accident or incident resulting in injury or death to
an individual or damage to property occurring in connection with railroad
transportation; or
`(b) HAZARDOUS CONDITIONS- (1) A railroad carrier engaged in interstate or
foreign commerce, and an officer or employee of such a railroad carrier, shall
not by threat, intimidation, or otherwise attempt to prevent an employee from,
or discharge, discipline, or in any way discriminate against an employee
for--
`(C) refusing to authorize the use of any safety-related equipment,
track, or structures, if the employee is responsible for the inspection or
repair of the equipment, track, or structures, when the employee believes
that the equipment, track, or structures are in a hazardous condition, if
the conditions described in paragraph (2) exist.
`(C) the employee, where possible, has notified the carrier of the
existence of the hazardous condition and the intention not to perform
further work, or not to authorize the use of the hazardous equipment, track,
or structures, unless the condition is corrected immediately.
`(3) This subsection does not apply to security personnel employed by a
railroad carrier to protect individuals and property transported by
railroad.'.
(1) by striking `DISPUTE RESOLUTION- A dispute' and inserting
`ENFORCEMENT AND DISPUTE RESOLUTION- (1) The Secretary of Transportation may
enforce this section under section 20111, the Attorney General may enforce
this section under section 20112, and the States may enforce this section
under section 20113.
`(2) Any employee aggrieved by a violation of subsection (a) or (b) may in
a civil action obtain appropriate relief.
(2) by striking `180 days after it is filed' and inserting `60 days
after it is filed if the violation is a form of discrimination that involves
discharge, suspension, or another action affecting pay, and 180 days after
the dispute, grievance, or claim is filed if the violation is a form of
discrimination that does not involve discharge, suspension, or another
action affecting pay';
(3) by striking the last sentence and inserting the following: `If the
employee has been found by the Board, division, delegate, or board of
adjustment to have been discharged, suspended, or otherwise discriminated
against in violation of subsection (a) or (b) of this section, the employee
shall be made whole, including reinstatement, with an award of back pay, and
with all benefits and accumulated seniority. The employee may also be
awarded punitive damages sufficient to deter the railroad carrier from such
conduct in the future.'; and
`(4) An employee may not seek relief under both paragraph (2) and
paragraph (3) with respect to the same violation.'.
(1) CIVIL PENALTIES- Section 21302(a)(1) is amended by striking `a
regulation prescribed or order issued under chapter 201 of this title' and
inserting `chapter 201 of this title, or a regulation prescribed or order
issued under chapter 201,'.
`SUBCHAPTER III--EXCLUSION FROM EMPLOYMENT
`Sec. 21321. Exclusion from employment
`(a) EXCLUSION FROM EMPLOYMENT- The Secretary of Transportation may, in
order to preserve railroad safety and protect safety-critical railroad
employees from harassment and intimidation, issue an order excluding from
employment by a railroad carrier as a safety-critical employee, including
employment as a supervisor of a safety-critical employee, any individual--
`(b) OPPORTUNITY FOR HEARING- An order under subsection (a) may be issued
only after the individual who is the subject of the proposed order is given
notice of the reasons for the proposed order and an opportunity for a
hearing.
`(c) DURATION- An order under subsection (a) shall be of indefinite
duration. Not less than 1 year after the issuance of such an order, an
individual subject to such an order may petition the Secretary for the
rescission of the order. The Secretary may grant such a petition if the
Secretary finds that employment by a railroad carrier of the individual who
was the subject of the order is not likely to result in a reduction in
railroad safety or in an increased likelihood of harassment and intimidation
of safety-critical railroad employees.'.
`SUBCHAPTER III--EXCLUSION FROM EMPLOYMENT
SEC. 202. EMPLOYEE REPORTS.
(2) by inserting `The report shall also include copies of any written
safety-related complaint or report filed with the carrier by an employee or
contractor during the month, whether or not the complaint or report relates
to a reported accident or incident.' after `contributed to the accident or
incident.'.
SEC. 203. AUDITS OF REPORTING.
`(c) AUDITS- A railroad carrier shall at least annually have an audit
conducted of the process by which it reports accidents and incidents pursuant
to subsection (a). The audit shall determine whether the reporting process is
substantially accurate as to the numbers and severity of accidents and
incidents. The audit shall be conducted by an independent auditor approved by
the Secretary.'.
SEC. 204. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS.
(a) AMENDMENT- Subchapter II of chapter 213 is amended by adding at the
end the following new section:
`Sec. 21312. Interfering with or hampering safety investigations
`(a) IN GENERAL- It shall be unlawful for any person knowingly to
interfere with, obstruct, or hamper an investigation by the Secretary of
Transportation conducted under section 20703 or 20902 of this title, or a
railroad investigation by the National Transportation Safety Board under
chapter 11 of this title.
`(b) INTIMIDATION AND HARASSMENT- It shall be unlawful for any person,
with regard to an investigation conducted by the Secretary under section 20703
or 20902 of this title, or a railroad investigation by the National
Transportation Safety Board under chapter 11 of this title, knowingly or
intentionally to use intimidation, harassment, threats, or physical force
toward another person, or corruptly persuade another person, or attempt to do
so, or engage in misleading conduct toward another person, with the intent or
effect of--
`(A) attending a proceeding or interview with, testifying before, or
providing a written statement to, a National Transportation Safety Board
railroad investigator, a Federal railroad safety inspector or State
railroad safety inspector, or their superiors;
`(B) communicating or reporting to a National Transportation Safety
Board railroad investigator, a Federal railroad safety inspector, or a
State railroad safety inspector, or their superiors, information relating
to the commission or possible commission of one or more violations of this
part or of chapter 51 of this title; or
`(A) withhold testimony, or a statement, record, document, or other
object, from the investigation;
`(B) alter, destroy, mutilate, or conceal a statement, record,
document, or other object with intent to impair the integrity or
availability of the statement, record, document, or other object for use
in the investigation;
`(C) evade legal process summoning that person to appear as a witness,
or to produce a statement, record, document, or other object, in the
investigation; or
`(c) ELEMENTS OF VIOLATION- (1) For the purposes of this section, the
testimony or statement, or the record, document, or other object, need not be
admissible in evidence or free from a claim of privilege.
`(2) In a prosecution for an offense under this section, no state of mind
need be proved with respect to the circumstance that the investigation is
being conducted by the Secretary under section 20703 or 20902 of this title or
by the National Transportation Safety Board under chapter 11 of this title.
`(d) CRIMINAL PENALTIES- A person violating this section shall be fined
under title 18, imprisoned for not more than two years, or both.'.
(b) TABLE OF SECTIONS AMENDMENT- The table of sections of subchapter II of
chapter 213 is amended by adding at the end the following new item:
TITLE III--GRADE CROSSING SAFETY
SEC. 301. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.
`Sec. 20152. Emergency notification of grade crossing problems
`By January 1, 2004, each railroad carrier shall--
`(3) upon receiving a report of a malfunction or disabled vehicle
pursuant to paragraph (1), and after contacting trains pursuant to paragraph
(2), contact appropriate public safety officials having jurisdiction over
the grade crossing to provide them with the information necessary for them
to direct traffic, assist in the removal of the disabled vehicle, or carry
out other activities appropriate to responding to the hazardous
circumstance; and
SEC. 302. GRADE CROSSING SIGNAL VIOLATIONS.
`Sec. 20151. Railroad trespassing, vandalism, and signal violation
prevention strategy';
(C) by inserting `The second such evaluation and review, concerning
violations of grade crossing signals, shall be completed before November
2, 2003.' after `November 2, 1994.';
`(2) Within 18 months after the date of the enactment of the Railroad
Safety Reform Act of 2002, the Secretary, after consultation with State and
local governments and railroad carriers, shall develop and make available to
State and local governments model State legislation providing for civil or
criminal penalties, or both, for violations of grade crossing signals.';
and
`(d) DEFINITION- For purposes of this section, the term `violation of
grade crossing signals' includes any action by a motorist, unless directed by
an authorized safety officer--
(b) CONFORMING AMENDMENT- The item relating to section 20151 in the table
of sections for subchapter II of chapter 201 is amended to read as follows:
TITLE IV--PASSENGER SERVICE SAFETY STANDARDS
SEC. 401. EMERGENCY WINDOWS.
`(e) EMERGENCY WINDOWS- (1) After January 1, 2004, all railroad cars,
including self-propelled cars, used for providing transportation for members
of the general public shall have emergency windows installed in at least one half of their
window locations.
`(2) For purposes of this subsection, the term `emergency window' means a
window designed to permit rapid and easy removal for passenger escape in an
emergency without tools.
`(3) This subsection shall not apply to railroad cars used by tourist,
excursion, scenic, or historic railroads that are not part of the general
system of railroad transportation and that do not operate at speeds in excess
of 30 miles per hour.'.
SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS.
`(c) PASSENGER RAILROAD SIGNALS- Each railroad line on which passenger
service operates, except lines where automatic train stop or cab signaling
equipment is in use for all passenger service, shall have installed approach
and stop signals such that at least one approach signal intervenes between a
passenger station stop and a subsequent stop signal.'.
(2) The amendment made by paragraph (1) shall take effect January 1,
2004.
(b) STUDY- The Secretary of Transportation shall, within 1 year after the
date of the enactment of this Act, transmit to the Congress a report on the
results of a study of the safety implications of signal systems and their
placement. In conducting the study, the Secretary shall consult with
representatives of railroad labor, railroad management, and railroad equipment
manufacturers. After transmitting the report, the Secretary shall initiate
appropriate rulemaking proceedings under chapter 205 to implement the
recommendations made in the report.
SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS.
`Sec. 20704. Passenger locomotive fuel tanks
`(a) REQUIREMENTS- Any locomotive manufactured after the date of the
enactment of the Federal Railroad Safety Enhancement Act of 2002, and
delivered to a railroad carrier on or after January 1, 2004, for use on
passenger trains, except for a locomotive intended primarily for yard
switching purposes, shall--
`(2) the term `internal' means having its lowest point at least 18
inches above the lowest point on the locomotive wheel tread, and being
enclosed by, or part of, the locomotive structure.'.
(b) TABLE OF SECTIONS AMENDMENT- The table of sections of chapter 207 is
amended by adding at the end the following new item:
SEC. 404. POSITIVE TRAIN CONTROL.
`(B) before October 1, 2003, identify high-priority railroad corridors
the Secretary will require to be equipped with positive train control
systems, which shall include, at a minimum, all railroad lines on which more
than 42 regularly scheduled passenger trains per week operate and all
railroad lines on which more than 2,500,000 tons of hazardous materials are
transported each year; and
`(C) before October 1, 2004, issue regulations establishing standards
for the use of positive train control systems and requiring their use on
high-priority railroad corridors by no later than September 30, 2005.
`(A) the term `passenger train' does not include trains operated by
tourist, excursion, scenic, or historic railroads that are not part of the
general system of railroad transportation and that do not operate at speeds
in excess of 30 miles per hour; and
`(B) the term `positive train control system' means a system for
automatically controlling the speed of or stopping a train to prevent
collisions, enforce speed restrictions, and protect roadway workers and
their equipment in the event that the train operator has failed to take
appropriate action.'.
(b) CONFORMING AMENDMENT- The item relating to section 20150 in the table
of sections of subchapter II of chapter 201 is amended by striking `progress
report'.
TITLE V--SAFETY RULEMAKING AND ENFORCEMENT
SEC. 501. PURPOSE.
`Sec. 20101. Purpose
`The purpose of this part is to assign and maintain safety as the highest
priority in every area of railroad operations and to reduce railroad-related
accidents and incidents.'.
SEC. 502. RAILROAD SAFETY CONFERENCE.
(a) IN GENERAL- The Secretary of Transportation shall convene, within 6
months after the date of the enactment of this Act and annually thereafter, a
conference to determine what are the most important actions needed to improve
the safety of railroad operations. Each such conference shall provide an
opportunity for the participants to present their views, respond to the views
of other participants, and discuss railroad safety issues with other
participants so that a consensus can be reached.
(b) PARTICIPANTS- Each conference convened pursuant to subsection (a)
shall include as participants, at a minimum, appropriate representatives of
the Department of Transportation, railroad management, railroad labor,
railroad passengers, railroad equipment suppliers, and railroad shippers, as
well as individuals representing community interests.
(c) REPORT TO CONGRESS- The Secretary of Transportation shall, within 3
months after the completion of a conference convened pursuant to subsection
(a), transmit to the Congress a report summarizing the results of the
conference.
SEC. 503. RULEMAKING PROCESS.
(a) AMENDMENT- Subchapter I of chapter 201 is amended by inserting after
section 20115 the following new section:
`Sec. 20116. Rulemaking process
`(a) RULES PROPOSED BY RAILROAD SAFETY ADVISORY COMMITTEE- A rule that has
been proposed unanimously by the Railroad Safety Advisory Committee shall be
issued as a proposed rule by the Secretary of Transportation without
preparation of a regulatory analysis, regulatory evaluation, or any other
assessment of the costs or benefits of the proposed rule, and without
soliciting the approval or comment of any Federal agency or employee outside
the Department of Transportation.
`(b) INCORPORATION BY REFERENCE- No rule or order issued by the Secretary
under this part shall be effective if it incorporates by reference a code,
rule, standard, requirement, or practice issued by an association or other
entity that is not an agency of the Federal Government, unless that reference
is to a particular code, rule, standard, requirement, or practice adopted
before the date on which the rule is issued by the Secretary, and unless the
date on which the code, rule, standard, requirement, or practice was adopted
is specifically cited in the rule.'.
(b) TABLE OF SECTIONS AMENDMENT- The table of sections of subchapter I of
chapter 201 is amended by adding after the item relating to section 20115 the
following new item:
SEC. 504. CRANE SAFETY.
The Secretary of Transportation shall initiate a rulemaking, based on the
recommendations of the Railroad Safety Advisory Committee, to ensure the
safety of operators of railroad cranes and other hoisting equipment, and of
railroad employees working in the vicinity of cranes and other hoisting
equipment. If the Railroad Safety Advisory Committee has not made consensus
recommendations within 12 months after the date of the enactment of this Act,
the Secretary shall discharge the Committee of its responsibilities under this
section and shall, within 24 months after the date of the enactment of this
Act, issue a final rule.
SEC. 505. RAILROAD CAR VISIBILITY.
Section 20148(b) is amended by striking `initiate a rulemaking proceeding
to' and inserting `, not later than 1 year after the date of the enactment of
the Railroad Safety Reform Act of 2002,'.
SEC. 506. HIGH-SPEED RAIL NOISE REGULATION.
`Sec. 20154. High-speed rail noise regulation
`The Secretary of Transportation, in consultation with the Administrator
of the Environmental Protection Agency, shall prescribe regulations addressing
noise emissions from high-speed rail systems, including magnetic levitation
systems, when operating at speeds greater than 150 miles per hour. Such
regulations shall be prescribed to protect the public health and welfare,
including the health and welfare of railroad employees, taking into account
the degree of noise reduction achievable through the application of the best
available technology and the cost of compliance. Regulations issued under this
section shall be in lieu of railroad-related noise regulations issued pursuant
to the Noise Control Act of 1972 (42 U.S.C. 4916(a)) only for locomotives,
cars, and consists of locomotives and cars, when operating at speeds greater
than 150 miles per hour.'.
(b) TABLE OF SECTIONS AMENDMENT- The table of sections of chapter 201 is
amended by adding at the end the following new item:
SEC. 507. TRACK SAFETY.
`Sec. 20142. Track safety
`(a) SPEED OF INSPECTION VEHICLES- Not later than one year after the date
of the enactment of the Federal Railroad Safety Enhancement Act of 2002, the
Secretary of Transportation shall issue rules requiring that no track
inspection shall be conducted from a vehicle traveling at a speed of more than
15 miles per hour, unless the Secretary can demonstrate that operations at
higher speeds provide equally accurate inspection information.
`(b) MAINTENANCE-OF-WAY EQUIPMENT- (1) All track motor vehicles,
self-propelled maintenance-of-way equipment, and other equipment which is
designed with a wheeled carriage allowing the equipment to move along a
railroad track shall be designed and maintained so as to conduct electrical
current from one rail of the track to the other, enabling the activation of
signal systems designed to detect the presence of locomotives, cars, trains,
and other rolling equipment on the track.
`(2) All roadway work groups and lone roadway workers when working in a
classification yard shall be equipped with portable equipment permitting the
motion of freely rolling railroad cars to be automatically arrested.
`(2) the term `roadway worker' means an employee of a railroad carrier,
or of a contractor to a railroad carrier, including a maintenance-of-way
worker or a signalman, who is working on or near railroad track.
`(d) EFFECTIVE DATE- Subsection (b)(1) shall take effect on January 1,
2004.'.
SEC. 508. ENHANCED INSPECTION AND INVESTIGATION AUTHORITY UNDER THE FEDERAL
RAILROAD SAFETY LAWS.
`(c) RAILROAD RADIO COMMUNICATIONS- (1) To carry out the Secretary's
responsibilities under this part, officers, employees, or agents of the
Secretary are authorized to conduct the following kinds of inspection and
investigative activities at reasonable times and in a reasonable manner:
`(A) To receive or assist in receiving a radio communication that is
broadcast or transmitted over a railroad carrier's dedicated frequency not
for the use of the general public, with or without making their presence
known to the sender or other receivers of the communication, and with or
without obtaining the consent of the sender or other receivers of the communication.
`(B) To communicate the existence, contents, substance, purport, effect,
or meaning of a communication described in subparagraph (A).
`(2) The purposes for which officers, employees, or agents of the
Secretary are permitted to engage in the activities set forth in paragraph (1)
of this subsection include rulemaking, accident investigation, and acquiring
general information as to railroad operations.
`(3) Information obtained in compliance with paragraphs (1) and (2) of
this subsection may not be used as evidence for the assessment or collection
of civil penalties, or for the implementation of other enforcement mechanisms
provided in section 5122, 20702(b), 20111, 20112, 20113, or 20114 of this
title, or in any disciplinary proceeding by a railroad carrier, but may be
used as background for further investigation which might lead to the discovery
of other useful evidence.
`(4) The authority granted by this subsection shall be an exception to the
general prohibitions of section 605 of title 47, United States Code, and
chapter 119 of title 18, United States Code.'.
SEC. 509. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) is amended by striking `death or personal injury' and
inserting `death, personal injury, or significant harm to the environment'.
SEC. 510. SAFETY INSPECTORS.
`(1) shall cover the costs of providing 400 railroad safety inspectors,
in addition to those already employed by the Federal Railroad Administration
as of October 1, 1998, to improve the safety of railroad carriers subject to
this chapter;';
(5) in subsection (d)(1), by striking `90 days after the end of each
fiscal year in which fees are collected under this section' and inserting in
lieu thereof `180 days after the end of fiscal year 2005, and every 3 years
thereafter';
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER
RAILROADS.
`(c) COMMUTER RAILROAD SAFETY CONSIDERATIONS- In making a grant or loan
under this chapter that concerns a railroad subject to the Secretary's safety
jurisdiction under section 20102 of this title, the Administrator of the
Federal Transit Administration shall consult with the Administrator of the
Federal Railroad Administration concerning relevant safety issues. The
Secretary may use appropriate authority under this chapter, including the
authority to prescribe particular terms or covenants under section 5334 of
this title, to address any safety issues identified in the project supported
by the loan or grant.'.
SEC. 602. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF CIVIL PENALTIES FOR
INFLATION.
(a) CHAPTER 201 GENERAL VIOLATIONS- In section 21301(a)(2), insert after
`$10,000' and after `$20,000' the following: `, as adjusted pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461
note)'.
(b) CHAPTER 201 ACCIDENT AND INCIDENT VIOLATIONS AND CHAPTER 203-209
VIOLATIONS- In section 21302(a)(2), insert after `$10,000' and after `$20,000'
the following: `, as adjusted pursuant to the Federal Civil Penalties
Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note)'.
(c) CHAPTER 211 VIOLATIONS- In section 21303(a)(2), insert after `$10,000'
and after `$20,000' the following: `, as adjusted pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note)'.
SEC. 603. CERTIFICATION OF LOCOMOTIVE ENGINEERS AND OTHER SAFETY-RELATED
RAILROAD PERSONNEL.
`Sec. 20135. Certification of locomotive engineers and other safety-related
railroad personnel
`(a) IN GENERAL- The Administrator of the Federal Railroad Administration
shall establish a program for issuing certificates for--
to individuals when the Administrator finds, after investigation, that the
individuals are qualified for, and physically able to perform the duties
related to, the position to be authorized by the certificates. After January
1, 2004, no person shall carry out the responsibilities of the carman,
conductor, dispatcher, locomotive engineer, power director, signalman, track
inspector, or trainman unless that person has been certificated for that position by the Administrator.
`(b) GENERAL QUALIFICATIONS- The program established under subsection
(a)--
`(A) except as provided in paragraph (2)(A), shall require
consideration, to the extent the information is available, of the motor
vehicle driving record of each individual seeking certification,
including--
`(i) any denial, cancellation, revocation, or suspension of a motor
vehicle operator's license by a State for cause within the prior 5
years; and
`(i) to request the chief driver licensing official of each State in
which the individual has held a motor vehicle operator's license within
the prior 5 years to provide information about the individual's driving
record to the individual's employer, prospective employer, or the
Administrator, as the Administrator requires; and
`(ii) to make the request provided for in section 30305(b)(4) of
this title for information to be sent to the individual's employer,
prospective employer, or the Administrator, as the Administrator
requires.
`(2) WAIVERS- (A) The Administrator shall prescribe standards and
establish procedures for waiving paragraph (1)(A) for an individual or class
of individuals who the Administrator decides are not currently unfit to
operate a locomotive. However, the Administrator may waive paragraph (1)(A)
for an individual or class of individuals with a conviction, cancellation,
revocation, or suspension described in subparagraph (B)(i) or (ii) only if
the individual or class, after the conviction, cancellation, revocation, or
suspension, successfully completes a rehabilitation program established by a
railroad carrier or approved by the Administrator.
`(ii) the cancellation, revocation, or suspension of the individual's
motor vehicle operator's license for operating a motor vehicle when under
the influence of, or impaired by, alcohol or a controlled
substance,
if the individual, after the conviction, cancellation, revocation, or
suspension, successfully completes a rehabilitation program established by a
railroad carrier or approved by the Administrator.
`(3) OPPORTUNITY TO EXAMINE AND COMMENT ON INFORMATION- The
Administrator, employer, or prospective employer, as appropriate, shall make
information obtained under paragraph (1)(C) available to the individual. The
individual shall be given an opportunity to comment in writing about the
information. Any comment shall be included in any record or file maintained
by the Administrator, employer, or prospective employer that contains
information to which the comment is related.
`(1) IN GENERAL- Subject to any regulations, supervision, and review the
Administrator may prescribe, the Administrator may delegate, to a qualified
private person or an employee under the supervision of that person, a matter
related to--
`(3) RECONSIDERATION- A person affected by an action of a person to whom
responsibilities have been delegated under this subsection may apply for
reconsideration of the action by the Administrator, and, on the
Administrator's own initiative, the Administrator may reconsider the action
of such a person at any time. If the Administrator decides on
reconsideration that the action is unreasonable or unwarranted, the
Administrator shall change, modify, or reverse the action. If the
Administrator decides that the action is warranted, the Administrator shall
affirm the action.
`(A) the employee, in the course of railroad employment, has engaged
in or authorized a practice that endangers human life, including
authorizing the use of unsafe equipment or track; or
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