Citations Affected: IC 8-9-12.
Synopsis: Railroad employees involved in accidents. Requires a Class
I or Class II railroad company to offer to relieve an employee involved
in a train accident from duty for three days if the accident results in a
death or serious bodily injury. Requires a Class I or Class II railroad
company to provide counseling services to an employee involved in a
train accident that results in a death or serious bodily injury. Provides
that if an employee requests an extension of the counseling services
provided by the railroad company, the railroad shall have a mental
health professional certify that the employee does not suffer from
posttraumatic stress disorder before the railroad may discontinue
counseling services. Makes it a Class C infraction for a railroad
company to violate these requirements.
Effective: July 1, 2001.
January 8, 2001, read first time and referred to Committee on Roads and Transportation.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities and transportation.
results in a death or serious bodily injury, the railroad company
shall provide or make available counseling services not more than
forty-eight (48) hours after the accident to each operating crew
member of the train involved in the accident.
(b) If a train operated by a railroad company in passenger, freight, or yard service is involved in an accident that results in a death or serious bodily injury, the railroad company shall make an offer at the accident site to each operating crew member of the train involved in the accident to relieve the crew member from duty for at least three (3) days following the accident.
(c) If an operating crew member requests an extension of the counseling services provided under subsection (a), the railroad company shall continue to provide counseling services for the operating crew member until a mental health care provider, selected by the railroad company from among three (3) names submitted by the operating crew member, certifies that the operating crew member is not suffering from posttraumatic stress syndrome.
(d) The list of three (3) mental health care providers submitted by an operating crew member under subsection (c) may not include a mental health care provider who has previously provided services to the operating crew member. The railroad company shall pay the cost of counseling services provided by a mental health care provider selected by the railroad company under subsection (c).
Sec. 6. A railroad company that violates this chapter commits a Class C infraction.