LEGISLATIVE SUBCOMMITTEE RECOMMENDATION: Support with amendments.
SUMMARY OF BILL:
The safety provisions of this bill would:
· Impose certain requirements on a railroad corporation regarding signage, markers, and flagging systems.
· Require a railroad corporation to provide immediate and concurrent notification to the Office of Emergency Services of accidents and incidents that are currently required to be reported to the Federal Railroad Administration's National Response Center.
· Require a railroad to notify the California Public Utilities Commission (Commission) and the representatives of any affected rail labor organizations of any new utilization of remote control locomotives in the state.
The security provisions of this bill, entitled the Local Community Rail Security Act of 2006, would require, among other things, every operator of a rail facility to:
· Provide state law enforcement personnel and other first responders with a risk assessment of all rail facilities in the state, including types and quantities of hazardous cargo transported, storage of hazardous cargo, counter terrorism practices, employee training and communication protocols.
· Submit for Commission approval, an infrastructure protection program that would provide for the security of all critical infrastructure of the rail system, including:
o Notification to state and local emergency responders of location, size, and function of the critical infrastructure;
o Methods of protection from sabotage and terrorism including, at a minimum, 24 hour surveillance;
o Rail personnel training on sabotage and terrorism countermeasures; and
o Regularly scheduled inspections by specially trained personnel to assess the vulnerability of facilities located within 15 miles of community facilities.
· Implement additional security requirements for all cargo handling facilities within 15 miles of a community facility, including:
o The storage of hazardous materials only in secure facilities;
o The prohibition of leaving unattended locomotives running and/or unlocked; and
o The prohibition of the use of remote controlled locomotives to move hazardous materials.
SUMMARY OF SUPPORTING ARGUMENTS FOR RECOMMENDATION:
If enacted, this bill would result in a much higher degree of security and safety on the railroads. It would provide local and state agencies with the ability to be better prepared for rail disasters involving hazardous materials, and to proactively take action to prevent acts of sabotage and terrorism from being perpetrated in the first place.
SUMMARY OF SUGGESTED AMENDMENTS (if any):
Suggested Amendment #1: Subparagraph (b) of proposed Public Utilities Code section 7662 would adopt by reference the railroads' General Code of Operating Rules. Since the railroads are the masters of their own operating rules1, they are free to modify or eliminate them at will, and, in actual practice, do so all the time. Consequently, a railroad could simply amend their rules to legally defeat the intent of the statute. It should be noted that the United Transportation Union (UTU) vigorously opposed previous attempts to move this legislation (AB 962) due to the adoption of the railroad operating rules by reference.
We recommend the author simply prescribe verbatim the same explanations and placement standards for the flags, whistle and milepost signs as currently described within the railroads' operating rules, without adopting those rules by reference in the bill.
Amend proposed PU Code section 7662(b) as follows:
(b) A railroad corporation shall utilize flagging systems and follow main line flag rules in a manner consistent with its adopted general code of operating rules and federal law. All flags shall be readily visible and easily recognizable to the crews on both passenger and freight trains.
(b) Whenever a railroad issues written or verbal instructions to employees that may restrict or stop train movements because of track conditions, structures, men, or equipment working, appropriate flags that are readily visible and easily recognizable to the crews on both passenger and freight trains shall be displayed as quickly as practicable. Yellow flags shall be used for temporary speed restrictions. Yellow-red flags shall be used when a train may be required to stop.
Display of Yellow Flag
1. Restriction Specified in Writing
Two Miles Ahead of Restricted Area. Yellow flags warn trains to restrict movement because of track conditions or structures. To make sure train movement is restricted at the right location, a yellow flag shall be displayed 2 miles before the restricted area.
Less than Two Miles Ahead of Restricted Area. When the restricted area is close to a terminal, junction, or another area, the yellow flag may be displayed less than 2 miles before the restricted area. This information shall also be included in the written instructions.
2. Restriction Is Not Specified in Writing
When a yellow flag is displayed and the restriction is not specified by a track bulletin, track warrant, or general order, once the train is 2 miles beyond the yellow flag, crew members must:
Continue moving the train but at a speed not exceeding 10 MPH.
Resume speed only after the rear of the train has:
Passed a green flag, or
Traveled 4 miles beyond the yellow flag and the train dispatcher has verified that no track bulletin or track warrant is in effect specifying a temporary speed restriction at that location.
Display of Yellow-Red Flag
1. Restriction Specified in Writing
Two Miles Ahead of Restricted Area. Yellow-red flags warn a train to be prepared to stop because of men or equipment. To make sure the train is prepared to stop at the right location, a yellow-red flag shall be displayed 2 miles before the restricted area.
Less Than Two Miles Ahead of Restricted Area. When the restricted area is close to a terminal, junction, or another area, the yellow-red flag may be displayed less than 2 miles before the restricted area. This information shall also be included in the written instructions.
2. Restriction Is Not Specified in Writing
When a yellow-red flag is displayed and the restriction is not specified by a track bulletin, track warrant, or general order, crew members must be prepared to stop short of a red flag 2 miles beyond the yellow-red flag. If a red flag is displayed, the train must stop short of the red flag or red light and not proceed unless the employee in charge gives verbal permission. If no red flag is displayed: Movement must not exceed a speed that allows stopping within half the range of vision short of: Train, Engine, Railroad car, Men or equipment fouling the track, Stop signal, Improperly lined switches or derails, Broken rail and must not exceed 20 mph. Speed may be increased only after: a crew member has received permission from the employee in charge, the rear of the train has passed a green flag, or the rear of the train has traveled 4 miles beyond the yellow-red flag, and the train dispatcher has verified that no restrictions in writing protecting men or equipment are in effect at that location.
Flag Location
Flags will be displayed only on the track affected. However, these flags must be placed to protect all possible access to the restricted area. Flags must be displayed to the right of the track as viewed from an approaching train.
Suggested Amendment #2: Subparagraph (d) of proposed Public Utilities Code section 7662 would prescribe that whistle signs "shall consist of an "X" on a square plate mounted on a post." While many railroads already utilize the "X" type whistle sign, BNSF does not. It utilizes a whistle sign featuring a "W" rather than an "X".
We recommend the author amend the bill to allow the continued use of the "W" style whistle sign or any other letter, symbol or identifiable mark that a railroad chooses, as long as the sign will effectively serve to remind train crews to take the appropriate actions in advance of the highway-rail grade crossing ahead.
Amend proposed PU Code section 7662(d) as follows:
(d) A railroad corporation shall place whistle signs to the right of the main track in the direction of approach, exactly one-quarter mile from the entrance to any grade crossing as a point of reference for locomotive engineers who blow the whistle and ring the bell for these grade crossings as a warning to the public. The signs, which shall consist of an "X" or "W" or other identifiable mark or symbol on a square plate mounted on a post, shall be readily visible to a locomotive engineer within the locomotive cab, shall be kept in good repair, and shall be replaced when necessary.
Suggested Amendment #3: Subparagraph (c) of proposed Public Utilities Code section 7665.4 would require the infrastructure protection program to include regularly scheduled inspections by personnel trained to determine the condition of the rail facilities and their vulnerability to sabotage, terrorism or other crimes. It is not clear, however, whether the trained personnel would be employees of the railroads, the Commission or a third party.
Since the Commission will be required by subparagraph (f) to review the railroads' programs annually, and may order improvements and modifications to change those programs, we recommend the author amend the bill to clarify that the Commission would be responsible for conducting inspections of railroad facilities to evaluate compliance.
Amend proposed PU Code section 7665.4(c) as follows:
(c) The infrastructure protection program shall include provisions to accommodate regularly scheduled and unannounced inspections by CPUC Rail Safety Operations Branch personnel trained to determine the condition of the rail facilities and the vulnerability of the rail facilities to acts of sabotage, terrorism, of other crimes, of all rail facilities, including rights-of-way, yards, and other facilities, that handle hazardous cargo that move within 15 miles of community facilities, including schools, hospitals, and nursing homes.
Suggested Amendment #4: We believe that the requirement in subparagraph (a) of proposed Public Utilities Code section 7665.6 should be scoped to hazardous cargo.
Amend PU Code section 7665.6(a) as follows:
(a) Every rail operator shall, for all facilities that handle cargo hazardous cargo that passes within 15 miles of a community facility, do all the following:
Suggested Amendment #5: Subparagraph (a)(2) of proposed Public Utilities Code section 7665.6 would preclude storage of hazardous materials on rights-of-ways. The use of the term "rights-of-ways" encompasses virtually all railroad property, even those designed for storage.
We recommend the author amend the bill with the suggested language below to achieve the desired result.
Amend PU Code section 7665.6(a)(2) as follows:
(2) Store hazardous materials only in secure facilities designed for storage, which shall not include rights-of-way mainline, branch, industrial or passing tracks not so designed or retrofitted.
Suggested Amendment #6: Subparagraph (a)(4) of proposed Public Utilities Code section 7665.6 seems unnecessary. It is unclear why this requirement would be needed in the context of Local Community Rail Security. We recommend the author delete this subparagraph.
Suggested Amendment #7: Subparagraph (a)(6) of proposed Public Utilities Code section 7665.6 would unnecessarily limit the use of remote control locomotives. Currently, there is not a body of evidence to support the allegation that the use of remote control locomotives under controlled conditions, like within a yard, an industrial facility, or even limited main track usage, is unsafe. However, the Commission does consider it unsafe to use remote control operations over public grade crossings utilizing a video camera for the operator to check the condition of the crossing and automatic warning devices.
We recommend the author amend the bill with the suggested language below so as not to unnecessarily limit the use of remote control locomotives.
Amend PU Code section 7665.6(a)(6) as follows:
(6) Shall not use remote control locomotives to move hazardous materials over a public crossing unless the remote control operator is able to maintain line-of-sight visibility of the crossing and visually ensure that all automatic highway-rail grade crossing warning devices are functioning as intended, and it is safe for the train movement to enter the crossing.
DIVISION ANALYSIS (CPSD Division):
· This bill, as a whole, would slightly increase the daily inspection requirements of the CPUC's railroad safety inspectors who monitor railroad compliance with all state and federal requirements.
· An anticipated slight increase of informal complaints alleging railroad non-compliance with this section would also add to CPUC staff workload.
Signage and Flagging Systems
· Wayside flags, mile boards and whistle signs provide a vital safety enhancement to train operators by providing a physical visual reminder of their precise location as they approach an area where they must undertake critical actions in the safe operation of the train, such as blow the whistle at a grade crossing, slow the train down for a area of damaged track, or stop short of men and equipment working on the track.
· The railroads themselves devised the system of flags and wayside signs for the reasons stated above, but as manpower and maintenance activities have been streamlined, they have given these systems a much lower priority since they cost time and money to install and maintain.
· The CPUC has been aware of this trend, but unable to take enforcement action since the standards are based on railroad operating rules, rather than state or federal statutory requirements. Statutory enforcement of this important safety requirement would result in much higher compliance from the railroads.
SEC. 2 of AB 3023 - The Local Community Rail Security Act of 2006
· If the author adopts the CPUC's recommendation that the required inspections in Section 7665.4(c) be conducted by the CPUC, rather than the railroads, additional staff and training would be required since the CPUC does not currently have this expertise in-house.
· Additional staff and training would also be required for the CPUC to review the Infrastructure Protection Program specified in Section 7665.4(d), and recommend modifications or improvements. The CPUC does not currently have this expertise in-house.
· If CPUC is required to conduct inspections of security vulnerability, it may be necessary for certain CPUC staff to be certified as peace officers in California.
PROGRAM BACKGROUND:
· Under California Public Utilities Code sections 1201 et seq., the Commission has exclusive jurisdiction over highway-rail crossings, both at-grade and grade-separated.
· The Federal Railroad Administration (FRA) requires that railroads report all accidents that result in damages of $7,000 or more. The FRA has entered the field and, arguably, has preempted the states from other notice requirements.
· However, the applicable authority with respect to notifying states of railroad accidents is National Asso. of Regulatory Utility Comm'rs v. Coleman, 542 F.2d 11, 13 (3d Cir.,1976). While recognizing that the FRA has preempted the field of accident notification, Coleman provides that states and local governments shall be given immediate notification of accidents to enable the states promptly to launch their own investigations and, implicitly, to permit emergency responders to respond to the accident.
LEGISLATIVE HISTORY:
This bill seems to be a variation of AB 962 (2005), which was vetoed by the Governor last year.
FISCAL IMPACT ON THE CPUC:
Total fiscal impact on the CPUC is estimated to be $213,654 annually. This bill would require the Commission to hire an additional 2 railroad safety inspectors (2 Associate Transportation Operations Supervisors). An initial training period of up to one year per inspector will be necessary before the railroad inspectors would be certified by the Federal Railroad Administration (FRA), plus an additional training period of up to 6 months in specialized law enforcement training to conduct the inspections mandated by the bill.
STATUS: This bill is set to be heard by the Assembly Utilities and Commerce Committee on Monday, April 24, 2006.
SUPPORT/OPPOSITION:
Unknown.
STAFF CONTACTS:
Delaney Hunter, Director dlh@cpuc.ca.gov
CPUC - OGA (916) 327-7788
Pamela Loomis, Deputy Director pcl@cpuc.ca.gov
CPUC - OGA (916) 327-8441
George L. Elsmore gle@cpuc.ca.gov
Program Manager - CPSD (415) 703-2665
Jason Zeller jjz@cpuc.ca.gov
Asst. Gen. Counsel - Legal Division (415) 703-4673
Date: April 6, 2006.
BILL LANGUAGE:
BILL NUMBER: AB 3023 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nunez
FEBRUARY 24, 2006
An act to add Section 7662 to, and to add Article 7.3 (commencing
with Section 7665) to Chapter 1 of Division 1 of, the Public
Utilities Code, relating to railroads.
LEGISLATIVE COUNSEL'S DIGEST
AB 3023, as introduced, Nunez Railroads: safety.
(1) The existing Federal Rail Safety Act (FRSA) authorizes the
Secretary of Transportation to prescribe regulations and issue orders
for railroad safety and requires the Secretary of Homeland Security,
when prescribing a security regulation or issuing a security order
that affects the safety of railroad operations, to consult with the
Secretary of Transportation. The FRSA provides for state
participation in the enforcement of the safety regulations and orders
issued by the Secretary of Transportation or Secretary of Homeland
Security, pursuant to an annual certification, and authorizes the
respective secretaries to make an agreement with a state to provide
investigative and surveillance activities. The FRSA provides that to
the extent practicable, laws, regulations, and orders related to
railroad safety and laws, regulations, and orders related to railroad
security are required to be nationally uniform, but authorizes a
state to adopt or continue in force a law, regulation, or order
related to railroad safety or security until the Secretary of
Transportation (with respect to railroad safety matters), or the
Secretary of Homeland Security (with respect to railroad security
matters), prescribes a regulation or issues an order covering the
subject matter of the state requirement. A state is additionally
authorized to adopt or continue in force an additional or more
stringent law, regulation, or order related to railroad safety or
security, when necessary to eliminate or reduce an essentially local
safety or security hazard, that is not incompatible with a federal
law, regulation, or order, and that does not unreasonably burden
interstate commerce.
Existing law establishes the safety division of the Public
Utilities Commission. The safety division is responsible for
inspection, surveillance, and investigation of the rights-of-way,
facilities, equipment, and operations of railroads and public mass
transit guideways, and for enforcing state and federal laws,
regulations, orders, and directives relating to transportation of
persons or commodities, or both, of any nature or description, by
rail. Existing law requires the commission to require every railroad
corporation operating in this state to develop a protocol for rapid
communications with certain entities in an endangered area if there
is a runaway train or any other uncontrolled train movement that
threatens public health and safety. Existing law requires a railroad
corporation to promptly notify those entities if there is a runaway
train or other uncontrolled train movement, in accordance with the
communications protocol developed.
This bill would impose certain requirements on a railroad
corporation regarding signage, markers, and flagging systems. The
bill would require a railroad corporation to notify the commission
and the collective bargaining representative of any affected employee
of any new utilization of remote control locomotives in the state,
on or after January 1, 2007. The bill would require a railroad
corporation to provide immediate notification to the Office of
Emergency Services of specified accidents, incidents, and other
events that are required to be reported to the Federal Railroad
Administration's National Response Center.
(2) This bill would enact the Local Community Rail Security Act of
2006. The act would require every operator of rail facilities, by
July 1, 2007, to provide to local and state law enforcement
personnel, emergency personnel, transportation officials and other
first responders, a risk assessment of all rail facilities in the
state that includes specified information. The act would require
every rail operator, by January 1, 2008, to develop and implement an
infrastructure protection program to protect rail infrastructure in
the state from acts of sabotage, terrorism, or other crimes. The act
would require the commission to review the infrastructure protection
program and would authorize the commission to order a rail operator
to improve, modify, or change its program. The act would authorize
the commission to fine a rail operator up to $50,000 per day for
failure to comply with these requirements or an order of the
commission. The act would adopt specific requirements for facilities
that handle cargo that passes within 15 miles of a community facility
and would authorize the commission to fine a rail operator up to
$50,000 per day for failure to comply with these requirements or an
order of the commission. The act would require that rail operators
provide communications capability that can accomplish certain tasks.
The act would prohibit a rail operator or other covered person from
undertaking any act to punish an employee who reports a violation of
the act and provides that an employee subjected to punishment for
reporting a violation may seek civil damages of up to $1,000,000, in
addition to any other remedies the court deems appropriate.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7662 is added to the Public Utilities Code, to
read:
7662. (a) (1) A railroad corporation shall place appropriate
signage to notify an engineer of an approaching grade crossing,
consistent with federal law.
(2) Whistle post signs shall be deemed to satisfy this
requirement.
(b) A railroad corporation shall utilize flagging systems and
follow main line flag rules in a manner consistent with its adopted
general code of operating rules and federal law. All flags shall be
readily visible and easily recognizable to the crews on both
passenger and freight trains.
(c) A railroad corporation shall provide milepost markers to train
crews at accurate one-mile intervals. The markers shall be readily
visible to the locomotive engineer within the locomotive cab, and
shall be kept in good repair and replaced when necessary.
(d) A railroad corporation shall place whistle signs to the right
of the main track in the direction of approach, exactly one-quarter
mile from the entrance to any grade crossing as a point of reference
for locomotive engineers who blow the whistle and ring the bell for
these grade crossings as a warning to the public. The signs, which
shall consist of an "X" on a square plate mounted on a post, shall be
readily visible to a locomotive engineer within the locomotive cab,
shall be kept in good repair, and shall be replaced when necessary.
(e) A railroad corporation shall place permanent speed signs to
the right of the track in the direction of approach, two miles in
advance of the point where the speed is either increased or decreased
for both passenger and freight trains. The signs shall be readily
visible to a locomotive engineer within the locomotive cab, shall be
kept in good repair, and shall be replaced when necessary.
(f) A railroad corporation shall notify the commission and the
collective bargaining representative of any affected employee of any
new utilization of remote control locomotives in the state, on or
after January 1, 2007.
(g) A railroad corporation shall provide immediate notification to
the Office of Emergency Services of accidents, incidents, and other
events, concurrent with those provided to the Federal Railroad
Administration's National Response Center, as required by Part 225.9
of Title 49 of the Code of Federal Regulations.
SEC. 2. Article 7.3 (commencing with Section 7665) is added to
Chapter 1 of Division 4 of the Public Utilities Code, to read:
Article 7.3. Local Community Rail Security Act of 2006
7665. (a) This article shall be known, and may be cited, as the
Local Community Rail Security Act of 2006.
(b) The Legislature declares that the purpose of this act is to
provide for the security and safety of local communities and local
community facilities, to protect local communities from
transportation practices that fail to secure rail facilities and
equipment from the threat of terrorism, and to ensure proper
communication between the owners and operators of rail facilities and
equipment with local and state first responders.
(c) The requirements of this article shall apply to rail
operators, any contractors or subcontractors working on the
facilities of the rail operator, and any other individual or
corporation performing work on rail facilities in the state. All
employees of railroad contractors or subcontractors, and any other
individual or corporation performing work on rail facilities in the
state, shall receive training adequate to make them as well trained
as employees of a rail operator, and shall be required to undergo the
same background, skills, and fitness for duty checks as employees of
the rail operator.
7665.2. By July 1, 2007, every operator of rail facilities shall
provide to local and state law enforcement personnel, emergency
personnel, transportation officials and other first responders, a
risk assessment of all rail facilities in the state. The risk
assessment shall describe:
(a) All rail facilities and their functions.
(b) The types of cargo that move through the facilities.
(c) Any hazardous cargo that moves through the facilities,
including the quantities of hazardous cargo.
(d) Any storage of hazardous cargo in rail facilities.
(e) The distance from rail facilities that transport or store
hazardous cargo to community facilities, including schools,
hospitals, and nursing homes.
(f) A description of the practices of the rail operator to prevent
acts of sabotage, terrorism or other crimes on rail facilities.
(g) All training programs that the rail operator requires for its
employees.
(h) The emergency response procedures of the rail operator to deal
with acts of sabotage, terrorism, or other crimes.
(i) The procedures of the rail operator to communicate with local
and state law enforcement personnel, emergency personnel,
transportation officials, and other first responders, in the event of
acts of sabotage, terrorism, or other crimes.
7665.4. (a) By January 1, 2008, every rail operator shall develop
and implement an infrastructure protection program to protect rail
infrastructure in the state from acts of sabotage, terrorism, or
other crimes.
(b) The infrastructure protection program shall provide for the
security of all critical infrastructure, including all points of
vulnerability of the rail system that handle hazardous cargo,
bridges, tunnels, and signal systems, and shall do all of the
following:
(1) Provide notice to state and local law enforcement personnel,
emergency personnel, transportation officials, and other first
responders of the location, size, function, and importance of the
critical infrastructure.
(2) Provide and describe methods for ensuring the protection of
critical infrastructure from acts of sabotage, terrorism, or other
crimes, including, at a minimum, 24-hour surveillance, monitoring,
and protection of the facilities.
(3) Provide training to personnel of the railroad operator to
ensure that the railroad personnel are trained and equipped to
prevent acts of sabotage, terrorism, or other crimes, and to respond
in the event of acts of sabotage, terrorism, or other crimes.
(c) The infrastructure protection program shall include regularly
scheduled inspections by personnel trained to determine the condition
of the rail facilities and the vulnerability of the rail facilities
to acts of sabotage, terrorism, of other crimes, of all rail
facilities, including rights-of-way, yards, and other facilities,
that handle hazardous cargo that move within 15 miles of community
facilities, including schools, hospitals, and nursing homes.
(d) Each rail operator in the state shall provide to the
commission, local and state law enforcement personnel, emergency
personnel, transportation officials and other first responders a copy
of its infrastructure protection program.
(e) The infrastructure protection program shall be updated by the
rail operator at least once every year, and the updated plan
submitted to local and state law enforcement personnel, emergency
personnel, transportation officials and other first responders.
(f) The commission shall review the infrastructure protection
program and may order a rail operator to improve, modify, or change
its program to comply with the requirements of this article.
(g) The commission may fine a rail operator up to fifty thousand
dollars ($50,000) per day for failure to comply with the requirements
of this section or an order of the commission pursuant to this
section.
7665.6. (a) Every rail operator shall, for all facilities that
handle cargo that passes within 15 miles of a community facility, do
all the following:
(1) Secure all facilities that handle or store hazardous materials
by providing adequate security personnel.
(2) Store hazardous materials only in secure facilities designed
for storage, which shall not include rights-of-way.
(3) Shall not leave locomotive equipment running while unattended,
or leave any unattended locomotive equipment unlocked.
(4) Shall have adequate personnel qualified to operate trains
available to assist, replace, or relieve train operators needing
assistance.
(5) Shall ensure that the cabs of occupied locomotives are secured
from hijacking, sabotage, or terrorism.
(6) Shall not use remote control locomotives to move hazardous
materials.
(7) Shall secure remote control devices to prevent access to those
devices by unauthorized personnel.
(8) Shall ensure that all employees of a rail facility that
transport hazardous materials within 15 miles of a community facility
receive training relative to security, shipment of hazardous
materials, and terrorism prevention at least once every 12 calendar
months.
(b) The commission may fine a rail operator up to fifty thousand
dollars ($50,000) per day for failure to comply with the requirements
of this section or an order of the commission pursuant to this
section.
7665.8. Every rail operator shall provide communications
capability that can accomplish all of the following:
(a) Timely alerting local and state law enforcement personnel,
emergency personnel, transportation officials and other first
responders in the event of sabotage, terrorism, or other crimes.
Railroad radios do not satisfy the requirements of this section.
(b) Timely provide bridge tenders on moveable bridges the ability
to alert local and state law enforcement personnel, emergency
personnel, transportation officials and other first responders in the
event of sabotage, terrorism, or other crimes.
(c) Notify rail workers of the local or national threat level for
the rail industry.
7666. No rail operator or any other person covered by this
article may act to punish an employee who reports a violation of this
article. An employee against whom a punitive action is taken may
seek civil damages of up to one million dollars ($1,000,000) from any
employer that acts to punish an employee who reports a violation of
this article, in addition to any other remedies the court deems
appropriate.
7667. The provisions of this article are severable. If any
provision of this article or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
# # #
1 There are no federal or state statutes that prescribe or require the railroad to develop operating rules.
