Current through Register Vol. XLI, No. 50, December 13, 2024
Section 150-8-4 - Rules Relating To The Construction, Reconstruction And Maintenance Of Walkways Adjacent To Railroad Trackage: And Removal Of Debris, Trash, Etc4.1. Purpose: The purpose of Rule 4 is to establish the standards of practice for the construction and maintenance of walkways. The provisions of Rule 4 are not to be construed as inflexible mandates requiring all rail carriers in all circumstances to construct or reconstruct all walkways in exact accordance with these rules. Rule 4.3 acknowledges that walkways do not have to be constructed in exactly the same way. Railroads are required to comply with the standards set out in Rule 4 when possible, taking into consideration topographical limitations and compliance with applicable federal requirements. 4.1.a. Existing yard tracks: Each railroad shall provide reasonably safe and adequate walkways adjacent to its tracks in all switching areas within yard limits where railroad employees are regularly required to walk in the performance of their duties. All such walkways shall be maintained and kept reasonably free of trash and debris and provide as comfortable a walking surface as may be appropriate to prevailing conditions.4.1.b. Private industry requirements: Each railroad shall require private industry utilizing railroad transportation service to provide suitable and adequate walkways adjacent to its tracks in all switching areas within yard limits where railroad employees are regularly required to walk in the performance of their duties; and all such walkways shall be maintained and kept reasonably free of trash and debris and provide as comfortable a walking surface as may be appropriate to prevailing conditions.4.1.c. Water flow prohibited: Except for direct impingement of rain or snow, no wastewater or process water of any composition may be allowed to flow onto or over walkways used by railroad employees in performance of duties. Appropriate ditches, conduits, culverts and piping must be used for conducting all wastewater, both storm and industrial, clear of both tracks and walkways referenced in these rules.4.1.d. Vegetation control: Encroachment of vegetation (including but not limited to weeds, brush, and tree limbs) must be controlled at side of tracks generally to a distance of eight (8) feet from the center of the track, and overhead generally to a distance of eighteen (l8) feet above top of rail. However, nothing herein shall be construed to impose restrictions which are more or less stringent than the applicable federal regulations.4.1.e. New yard tracks: Rail carriers shall provide walkways adjacent to those portions of yard tracks constructed after March 17, 2012, where rail carrier employees regularly work on the ground performing switching service. To create a suitable, adequate, and comfortable surface on which to walk, such walkways may be surfaced with reasonably uniform asphalt, concrete, planking, grating, native material, crushed material, or other similar material. When crushed material is used, one hundred (100) percent of the material must be capable of passing through a one-and-one-half (11/2) inch sieve and at least ninety (90) percent of the material must be capable of passing through a one (1) inch square sieve opening, provided, however a de minimis variation shall not be a violation of this rule in an instance where the rail carrier has made a good faith effort to comply with the percentage requirements. Smaller crushed material is preferable and should be used where drainage and durability issues do not arise. Material that is three-quarters (3/4) inch or less in size is recommended for switching lead tracks. Such walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage. Further, such walkways shall be a minimum width of two (2) feet and shall be kept reasonably free of spilled fuel oil, sand, posts, rocks and other hazards or obstructions.4.1.f. Tracks other than yards: In cases where the Commission finds, after notice and hearing, that rail carrier employees who regularly work adjacent to a portion of track are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway, the Commission may order a rail carrier to construct, when feasible, a walkway adjacent to a portion of track or require a rail carrier to modify an existing walkway in conformance with the standards set forth above for New Yard Tracks within a reasonable period of time. For purposes of this subdivision, "regularly" shall mean at least five (5) days per week, one (1) shift per day or any other period determined to be "regularly" enough by the Commission to warrant an Order pursuant to this rule.4.2. Bridges and trestles: All railroad owned or leased bridges and trestles constructed after January 15, 1970, the effective date of General Order No. 164, where switching is regularly performed and railroad employees are regularly required to walk in the performance of their duties, shall be equipped with walkways and handrails.4.3. Waivers: Deviation from the provisions of this Section 4 may be authorized by the Commission for any specific installations for good cause upon application by a railroad, which application shall include a full statement of the conditions which prevail at the time and place involved, and reasons why deviation is deemed necessary.4.4. Compliance: These walkway rules shall have no application during maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts and similar weather or seismic conditions, and during a reasonable period afterward to allow a return to compliance.4.5. Enforcement: No formal complaint of an alleged violation of these walkway rules may be filed until the filing party has attempted to address the alleged allegations with the rail carrier. Any complaint of an alleged violation of these walkway rules shall contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation with the rail carrier and shall comply with the Commission Rules of Practice and Procedure, 150CSR1.