H. B. 2422
(By Delegates Miller, Warner, Everson,
Collins, Azinger, Thomas and Henderson)
[Introduced March 5, 1997; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend article three, chapter twenty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
one-b, relating to requiring railroads to make available to
train and engine crews adequate toilet facilities for human
waste and sanitary facilities for personal hygiene;
providing definitions; requiring inspections; providing for
citations and penalties for violations; and providing
remedies for violations.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
one-b, to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§24-3-1b. Adequate sanitation facilities for train and engine
crews.
(a) As used in this section:
(1) "Adequate toilet facilities" means at least one
permanent, properly functioning flush or chemical toilet, that is
adequately lighted, heated, ventilated and regularly maintained
in clean and sanitary condition by the railroad;
(2) "Sanitation facilities" means adequate clean water,
soap, hand towels and toilet tissue.
(b) Every railroad subject to this chapter shall establish,
maintain and make available to train and engine crews adequate
toilet facilities for human waste and sanitation facilities for
personal hygiene.
(c) The commission shall make inspections to determine if
the provisions of this section are being violated and, upon
discovering a violation of this section, shall issue a citation
to the alleged violator with a specified date for compliance
which may not exceed thirty days. If the violations in the
citation are not corrected by the specified date, the matter
shall be referred to the prosecuting attorney of the county in which the violation occurred for prosecution.
(d) Penalty for violation is one thousand dollars for each
day of noncompliance, beginning with the first day the citation
was issued and ending the day of compliance, if the matter is
turned over to the prosecuting attorney.
(e) In addition to the other remedies provided in this
section, the commission, prosecuting attorney or an affected
party may compel compliance with the provisions of this section
by proceedings in mandamus, injunction or other appropriate civil
remedy.
NOTE: The purpose of this bill is to require railroads to
provide sanitary toilet facilities for human waste and sanitary
facilities for personal hygiene in all occupied engines and
cabooses.
This section is new; therefore, strike-throughs and
underscoring have been omitted.