First Regular Session 112th General Assembly (2001)
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HOUSE ENROLLED ACT No. 1099
AN ACT to amend the Indiana Code concerning utilities and transportation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 8-9-12; (01)HE1099.1.1. -->
SECTION 1. IC 8-9-12 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
SEPTEMBER 1, 2001]:
Chapter 12. Railroad Employee Counseling and Assistance
Sec. 1. This chapter does not apply to a Class II or Class III
railroad as established by the Interstate Commerce Commission.
Sec. 2. As used in this chapter, "operating crew member" means
a railroad employee described in IC 8-9-2-1(n).
Sec. 3. As used in this chapter, "railroad" has the meaning set
forth in IC 8-3-1-2. However, the term does not include a Class II
or Class III railroad as established by the Interstate Commerce
Sec. 4. (a) A railroad company operating in Indiana shall
establish a counseling or trauma program and provide or make
available counseling or critical incident stress debriefing services
to each operating crew member of a train that is:
(1) operated by the railroad company in passenger, freight, or
yard service; and
(2) involved in an accident that results in death or serious
(b) A railroad company operating in Indiana shall file a
description of the railroad company's counseling or trauma
program required under subsection (a) with the Indiana
department of transportation, whose sole responsibility under this
section is to receive the descriptions and make the descriptions
available to the public in accordance with IC 5-14-3.
(c) Before a railroad company implements one (1) or more
changes to the railroad company's counseling or trauma program
required under subsection (a), the railroad company must file with
the Indiana department of transportation a revised description of
the program that includes the changes.
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