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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3126
(By Delegates Boggs, Smith, Hatfield, Storch, Fleischauer,
Manchin, Longstreth, Sumner and Poore)
[Passed March 12, 2011; in effect ninety days from passage.]
AN ACT to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31-2-16, relating to
railroad companies providing pesticide safety information and
training; requiring a railroad company to provide pesticide
safety information at a central location accessible to
employees of the railroad company; requiring a railroad
company to make available to the public on its Internet site
a description of how to obtain information regarding the
railroad company's use of pesticides, including a telephone
number for the company; and requiring a railroad company to
provide pesticide safety training annually to its employees
who work along railroad rights,of,way, in rail yards or other
employees who may work in areas to which pesticides have been
applied.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §31-2-16, to read as follows:
ARTICLE 2. RAILROAD COMPANIES.
§31-2-16. Railroad company pesticide use.
(a) No later than seven days before applying a pesticide to a
right,of,way that a railroad company owns or maintains, the
railroad company shall provide pesticide safety information, which
may be obtained by the railroad company's contracted pesticide
applicator, by posting at affected on-duty railroad locations and
through train bulletins, dispatcher messages, or other required
documentation for each train and engine crew that will be working
in the affected pesticide spray area. Additionally, the railroad
company shall provide appropriate documentation to ensure prompt
notification for maintenance of way, mechanical, signal employees,
or other rail workers that will be working in the affected
pesticide spray area. A railroad company shall include all of the
following in the safety information provided under this
subdivision:
(1) The location and description of the area to be treated.
(2) The name of the pesticide, its active ingredients, and its
registration number under 7 U.S.C. §§ 136 et seq. The material
safety data sheet(MSDS) for the pesticide shall satisfy this
purpose.
(3) The approximate date and time that the pesticide is to be
applied.
(4) Any restricted entry interval specified on the pesticide
labeling. The MSDS for the pesticide shall satisfy this purpose: Provided, That the railroad company shall not require an employee
to reenter the pesticide spray area prior to the requirements
specified by the MSDS on the pesticide being utilized: Provided
however, That train and/or on-track movement is not prohibited.
(5) A description of where the information required to be on
the pesticide label under 7 U.S.C. §§ 136 et seq or under the
provisions of article sixteen-a, chapter nineteen of this code is
available for review. The MSDS for the pesticide shall satisfy this
purpose.
(6) Emergency medical contact information.
(b) A railroad company shall keep the information required by
subsection (a) posted at the location accessible to employees of
the railroad for at least thirty days after the day of application.
(c) No later than seven days before applying a pesticide to a
right-of-way that a railroad company owns or maintains, the
railroad company shall provide all of the following to each
individual who directly supervises employees who work in the area
to be treated:
(1) The information described in subdivision (2) to (6) of
subsection (a); and
(2) A description of the central location where the railroad
company provides the pesticide safety information to employees
under the provisions of subsection (a).
(d) A railroad company shall make available to the public on
its Internet site a description of how to obtain answers to
questions about pesticide use by the railroad company, including a telephone number for the railroad and any toll,free number
maintained by the railroad company to provide information about
pesticide use.
(e) A railroad company shall provide annual pesticide safety
training. This training may coincide with the annual railroad
operating rules class or at any other operating or safety training
class that is scheduled annually. This training shall be provided
to railroad employees who work along railroad rights,of,way and in
rail yards and to other employees who, due to the nature of their
employment, may work in areas to which pesticides have been
applied. It is the duty of the railroad company to keep records for
each training session, which should include, but not be limited to,
the date of the training session, the employees attending, and the
name of the trainer and the trainer's employer. In the training
under this subsection, a railroad company shall include, but not be
limited to, information about restricted entry intervals,
requirements for personal protective equipment, how to read
pesticide labels, and incident and complaint reporting.
(f) For purposes of this section, the term "pesticide" is
defined by section three, article sixteen-a, chapter nineteen of
this code.