AB614: Bill Text

The bill also specifies that, for purposes of required vertical clearance over railroad tracks, wires constructed or reconstructed after the bill's effective date are overhead structures.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB614,1 Section 1. 192.31 (3) of the statutes is amended to read:

AB614,3,6 192.31 (3) After December 31, 1993, no overhead structure shall be constructed or reconstructed, not including ordinary repairs necessary for maintenance, which shall have a vertical clearance of less than 23 feet above the top of rail, except as provided in sub. (4). After the effective date of this subsection .... [LRB inserts date], overhead structure shall include wires.

AB614,2 Section 2. 192.51 of the statutes is created to read:

AB614,3,9 192.51 Railroad walkways. (1) In this section, "frequently work" means to work at least 3 days per week, one shift per day.

AB614,3,12 (2) Railroad companies shall provide walkways adjacent to those portions of yard tracks where railroad company employees frequently work on the ground performing switching activities.

AB614,3,13 (3) Walkways required under sub. (2) shall satisfy all of the following:

AB614,4,6 (a) Be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar material. If crushed material is used, 100 percent of the material shall be capable of passing through a 1.5 inch square sieve opening and at least 90 percent of the material shall be capable of passing through a one inch square sieve opening, except that a de minimus variation is permissible if the railroad company has made a good faith effort to comply with these requirements.

AB614,4,7 (b) Have a reasonably uniform surface and be maintained in a safe condition.

AB614,4,8 (c) Be at least 2 feet wide.

AB614,4,10 (d) Be kept reasonably clear of spilled fuel, oil, sand, posts, and other hazards or obstructions.

AB614,4,12 (e) For walkways having cross slopes, have cross slopes not exceeding one inch of elevation for each 8 inches of horizontal length in any direction.

AB614,4,14 (4) (a) Railroad companies are not required to comply with subs. (2) and (3) during any of the following:

AB614,4,15 1. Maintenance activities.

AB614,4,16 2. Emergencies.

AB614,4,19 3. Any period, after an occurrence identified in subd. 1. or 2., reasonably necessary to allow the railroad company to return to compliance with subs. (2) and (3).

AB614,4,25 (b) Upon written application by a railroad company, the office may, after a hearing in the manner provided in ss. 195.04 to 195.043, waive any portion of sub. (2) or (3) if the office finds that conditions do not reasonably allow compliance by the railroad company with subs. (2) and (3). If the office waives any portion of sub. (2) or (3), the findings and order of the office shall set forth, in writing, the grounds for the waiver and each specific provision of subs. (2) and (3) being waived.

AB614,5,3 (5) (a) Except as provided in pars. (b) and (c), this section applies to new construction and reconstruction of yard track completed after the effective date of this paragraph .... [LRB inserts date].

AB614,5,6 (b) This section does not apply to a railroad company that owns or operates track in this state other than class one and class two rail carriers as classified by the federal surface transportation board.

AB614,5,19 (c) 1. If the office finds that railroad company employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed on or before the effective date of this paragraph .... [LRB inserts date], the office may order a railroad company to construct a walkway adjacent to a portion of track where employees are performing switching activities, or require a railroad company to modify an existing walkway in conformity with the standards set forth in sub. (3), within a reasonable period of time. Before the office may enter an order under this paragraph, the office shall give notice to the railroad company and hold a hearing in the manner provided in ss. 195.04 to 195.043. After the hearing, the office shall determine what walkway construction or modification, if any, shall be made. The expense of any walkway construction or modification shall be borne by the railroad company.

AB614,3 Section 3. 192.53 (5e), (5m) and (5s) of the statutes are created to read:

AB614,5,23 192.53 (5e) (a) After the effective date of this paragraph .... [LRB inserts date], except as provided in par. (b), no railroad company may construct or reconstruct, not including ordinary repairs necessary for maintenance, any of the following:

AB614,6,3 1. Any railroad track used for moving cars engaged in the movement of traffic the center line of which is within 14 feet from the center line of any other parallel track to which it adjoins.

AB614,6,5 2. Any ladder track closer than 19 feet to an adjacent ladder track, as measured from the center line of each track.

AB614,6,7 3. Any ladder track closer than 17 feet to any other parallel track, as measured from the center line of each track.

AB614,6,10 (b) The distance under par. (a) between tracks may be diminished or closed up a necessary distance for track intersections, gauntlet tracks, turnouts, or switch points.

AB614,6,18 (5m) No railroad company may permit the space between or beside any railroad tracks that is ordinarily used by employees in the discharge of their duties and that is within 8 feet 6 inches of the center line of the track to become or remain obstructed by a foreign obstacle that will interfere with the work of the employees or subject the employees to any unnecessary hazard. This space between or beside the tracks and between the rails of the tracks shall be kept in such a condition as to permit the employees to pass over or between the tracks or to use the space day or night and under all weather conditions without any unnecessary hazard.

AB614,6,24 (5s) An employee of a railroad company who is injured by or because of the existence of any structure or material within a distance from tracks that is less than that required by this section shall not be considered to have assumed the risk of the injury, although the employee continues in the employ of the railroad company after the existence of the structure or material has been brought to the employee's knowledge.

AB614,4 Section 4. 192.55 (8) of the statutes is created to read:

AB614,7,3 192.55 (8) Any railroad company that violates s. 192.51 or that fails, neglects, or refuses to obey any lawful order made by the office under s. 192.51 shall forfeit $500 for each violation.

AB614,5 Section 5. Effective date.

AB614,7,6 (1) This act takes effect on the first day of the 7th month beginning after publication.

AB614,7,7 (End)