Chapter 81.40 RCW

RAILROADSEMPLOYEE REQUIREMENTS AND REGULATIONS

Sections

81.40.010Full train crewsPassengerSafety reviewPenaltyEnforcement.
81.40.035Freight train crews.
81.40.060Purchase of apparel by employeesPenalty.
81.40.080Employee sheltersPenalty.
81.40.095Rules and regulationsRailroad employeesSanitation, shelter.
81.40.110Flagger must read, write, and speak English.
81.40.130Cost of records or medical examinationsUnlawful to require employee or applicant to payPenaltyDefinitions.

NOTES:

Industrial insurance, employments covered: Chapter 51.12 RCW.
Intoxication of railway employees: RCW 9.91.020.


Full train crewsPassengerSafety reviewPenaltyEnforcement.

(1) No law or order of any regulatory agency of this state shall prevent a common carrier by railroad from staffing its passenger trains in accordance with collective bargaining agreements or any national or other applicable settlement of train crew size. In the absence of a collective bargaining agreement or any national or other applicable settlement of train crew size, any common carrier railroad operating a passenger train with a crew of less than two members shall be subject to a safety review by the Washington utilities and transportation commission, which, as to staffing, may issue an order requiring as many as two crewmembers.
(2) Each train or engine run in violation of this section is a separate offense: PROVIDED, That nothing in this section shall be construed as applying in the case of disability of one or more of any train crew while out on the road between division terminals, wrecking trains, or to any line, or part of line, where not more than two trains are run in each twenty-four hours.
(3) Any person, corporation, company, or officer of court operating any railroad or railway, or part of any railroad or railway in the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who violates this section is guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense.
(4) It is the duty of the commission to enforce this section.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Freight train crews.

No law or order of any regulatory agency of this state shall prevent a common carrier by railroad from manning its freight trains in accordance with collective bargaining agreements or any national or other settlement of train crew size. The size of passenger train crews shall not be affected by *this act.
[1967 c 2 § 2 (Initiative Measure No. 233, approved November 8, 1966).]

NOTES:

*Reviser's note: This act [chapter 2, Laws of 1967], consisting of this section and the repeal of RCW 81.40.020, was Initiative Measure No. 233 adopted by the people November 8, 1966, and declared effective law by proclamation signed by the governor December 8, 1966.
Repeal of conflicting acts: "All acts or parts of acts in conflict with or in derogation of this act are hereby repealed insofar as the same are in conflict with, or in derogation of, this act or any part thereof." [1967 c 2 § 3 (Initiative Measure No. 233, approved November 8, 1966).]



Purchase of apparel by employeesPenalty.

(1) It shall be unlawful for any railroad or other transportation company doing business in the state of Washington, or of any officer, agent, or servant of such railroad or other transportation company, to require any conductor, engineer, brake operator, fire tender, purser, or other employee, as a condition of his or her continued employment, or otherwise to require or compel, or attempt to require or compel, any such employees to purchase of any such railroad or other transportation company or of any particular person, firm, or corporation or at any particular place or places, any uniform or other clothing or apparel, required by any such railroad or other transportation company to be used by any such employee in the performance of his or her duties as such; and any such railroad or transportation company or any officer, agent or servant thereof, who shall order or require any conductor, engineer, brake operator, fire tender, purser, or other person in its employ, to purchase any uniform or other clothing or apparel as aforesaid, shall be deemed to have required such purchase as a condition of such employee's continued employment.
(2) Any railroad or other transportation company doing business in the state of Washington, or any officer, agent, or servant thereof, violating this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail of the county where the misdemeanor is committed, not exceeding six months.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Employee sheltersPenalty.

(1) It shall be unlawful for any railroad company, corporation, association or other person owning, controlling or operating any line of railroad in the state of Washington, to build, construct, reconstruct, or repair railroad car equipment or motive power in this state without first erecting and maintaining at every point where five employees or more are regularly employed on such work, a shed over a sufficient portion of the tracks used for such work, so as to provide that all persons regularly employed in such work shall be sheltered and protected from rain and other inclement weather: PROVIDED, That the provisions of this section shall not apply at points where it is necessary to make light repairs only on equipment or motive power, nor to equipment loaded with time or perishable freight, nor to equipment when trains are being held for the movement of equipment, nor to equipment on tracks where trains arrive or depart or are assembled or made up for departure. The term "light repairs," as herein used, shall not include repairs usually made in roundhouse, shop or shed upon well equipped railroads.
(2) Any railroad company or officer or agent thereof, or any other person, who violates this section by failing or refusing to comply with its provisions is guilty of a misdemeanor, and each day's failure or refusal to comply shall be considered a separate offense.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Rules and regulationsRailroad employeesSanitation, shelter.

The utilities and transportation commission shall adopt and enforce rules and regulations relating to sanitation and adequate shelter as it affects the health of all railroad employees, including but not limited to railroad workers, maintenance of way employees, highway crossing watchpersons, clerical, platform, freight house and express employees.

NOTES:

IntentFinding2007 c 218: See note following RCW 1.08.130.



Flagger must read, write, and speak English.

Any railroad operating within this state, shall not employ or use as flagger any person or persons who cannot read, write, and speak the English language.
[ 2013 c 23 § 297; 1961 c 14 § 81.40.110. Prior: 1907 c 138 § 1, part; 1899 c 35 § 1, part; RRS § 10480, part.]



Cost of records or medical examinationsUnlawful to require employee or applicant to payPenaltyDefinitions.

(1) It is unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.
(2) Any employer who violates this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars. Each violation shall constitute a separate offense.
(3) As used in this section:
(a) "Employer" means any common carrier by rail, doing business in or operating within the state, and any subsidiary thereof.
(b) "Employee" means every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment.

NOTES:

IntentEffective date2003 c 53: See notes following RCW 2.48.180.