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 A NEW 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 Commission.
    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 bodily injury.
    (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.


HEA 1099

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