Introduced Version






HOUSE BILL No. 1099

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DIGEST OF INTRODUCED BILL



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.





Stilwell




    January 8, 2001, read first time and referred to Committee on Roads and Transportation.







Introduced

First Regular Session 112th General Assembly (2001)


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HOUSE BILL No. 1099



    A BILL FOR 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)IN1099.1.1. -->     SECTION 1. IC 8-9-12 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 12. Railroad Employee Counseling and Assistance
    Sec. 1. This chapter does not apply to a Class III railroad as established by the Interstate Commerce Commission.
    Sec. 2. As used in this chapter, "counseling services" means consultation with a psychiatrist, a psychologist, or other mental health professional that is designed to enable an operating crew member to overcome anxieties arising from a train accident.
    Sec. 3. As used in this chapter, "operating crew member" means a railroad employee described in IC 8-9-2-1 (n).
    Sec. 4. 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 III railroad as established by the Interstate Commerce Commission.
    Sec. 5. (a) 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 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.