1So in original. A closing parenthesis probably should precede the semicolon.
2So in original. Probably should be preceded by "subsection".
3So in original. Probably should be preceded by "section".
4So in original. The comma probably should not appear.
49 U.S.C. § 20109
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
20109(a) | 45:441(a). | Oct. 16, 1970, Pub. L. 91-458, 84 Stat. 971, §212(a)-(c)(1), (d); added Oct. 10, 1980, Pub. L. 96-423, §10, 94 Stat. 1815. |
45:441(e). | Oct. 16, 1970, Pub. L. 91-458, 84 Stat. 971, §212(e); added Oct. 10, 1980, Pub. L. 96-423, §10, 94 Stat. 1815; Sept. 3, 1992, Pub. L. 102-365, §5(b), 106 Stat . 975. | |
20109(b) | 45:441(b). | |
20109(c) | 45:441(c)(1). | |
45:441(c)(2). | Oct. 16, 1970, Pub. L. 91-458, 84 Stat. 971, §212(c)(2); added Oct. 10, 1980, Pub. L. 96-423, §10, 94 Stat. 1815; restated June 22, 1988, Pub. L. 100-342, §5(a), 102 Stat. 627. | |
20109(d) | 45:441(d). | |
20109(e) | 45:441(e). | |
45:441(f). | Oct. 16, 1970, Pub. L. 91-458, 84 Stat. 971, §212(f); added June 22, 1988, Pub. L. 100-342, §5(b), 102 Stat. 627. |
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a)(1)(A). Pub. L. 117-286 substituted "chapter 4 of title 5;" for "the Inspector General Act of 1978 (5 U.S.C. App.; Public Law 95-452);".2008-Subsec. (c). Pub. L. 110-432, §419(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 110-432, §419(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 110-432, §419(b)(1)(A), substituted "(a), (b), or (c)" for "(a) or (b)".Subsec. (d)(2)(A)(i). Pub. L. 110-432, §419(b)(1)(B), substituted "(d)(1)" for "(c)(1)". Subsec. (d)(2)(A)(ii). Pub. L. 110-432, §419(b)(1)(C), substituted "(a), (b), or (c)" for "(a) or (b)".Subsec. (e). Pub. L. 110-432, §419(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).Subsec. (e)(1). Pub. L. 110-432, §419(b)(2)(A), substituted "(d)" for "(c)". Subsec. (e)(2). Pub. L. 110-432, §419(b)(2)(B), (C), substituted "(d)" for "(c)" and "(d)(3)" for "(c)(3)" in introductory provisions. Subsec. (e)(3). Pub. L. 110-432, §419(b)(2)(D), substituted "(d)" for "(c)". Subsecs. (f) to (j). Pub. L. 110-432, §419(a)(1), redesignated subsecs. (e) to (i) as (f) to (j), respectively. 2007- Pub. L. 110-53 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to prohibition against discharge or discrimination for filing of complaints or testifying, prohibition against discharge or discrimination for refusal to work because of hazardous conditions, dispute resolution, election of remedies, and nondisclosure of identity of employee who had provided information regarding a violation.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CRITICAL INCIDENT STRESS PLANS Pub. L. 117-58, div. B, title II, §22424, Nov. 15, 2021, 135 Stat. 752, provided that: "The Secretary [of Transportation] shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that-"(1) the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads (as such terms are defined in section 272.9 of such part), including employees who directly interact with passengers; and"(2) an assault against an employee requiring medical attention is included in the definition of critical incident under section 272.9 of such part." Pub. L. 110-432, div. A, title IV, §410, Oct. 16, 2008, 122 Stat. 4887, provided that:"(a) IN GENERAL.-The Secretary of Transportation, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, as appropriate, shall require each Class I railroad carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop and submit for approval to the Secretary a critical incident stress plan that provides for debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident."(b) PLAN REQUIREMENTS.-Each such plan shall include provisions for- "(1) relieving an employee who was involved in a critical incident of his or her duties for the balance of the duty tour, following any actions necessary for the safety of persons and contemporaneous documentation of the incident;"(2) upon the employee's request, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contemporaneous documentation of the incident; and"(3) providing such leave from normal duties as may be necessary and reasonable to receive preventive services, treatment, or both, related to the incident."(c) SECRETARY TO DEFINE WHAT CONSTITUTES A CRITICAL INCIDENT.-Within 30 days after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall initiate a rulemaking proceeding to define the term 'critical incident' for the purposes of this section."[For definitions of "railroad carrier" and "Secretary", as used in section 410 of Pub. L. 110-432, set out above, see section 2(a) of Pub. L. 110-432, set out as a note under section 20102 of this title.]