CHAPTER 12. RAILROAD EMPLOYEE COUNSELING AND ASSISTANCE
IC 8-9-12
Chapter 12. Railroad Employee Counseling and Assistance
IC 8-9-12-1
Applicability of chapter
Sec. 1. This chapter does not apply to a Class II or Class III
railroad as established by the Interstate Commerce Commission.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-2
"Operating crew member" defined
Sec. 2. As used in this chapter, "operating crew member" means
a railroad employee described in IC 8-9-2-1(n).
As added by P.L.21-2001, SEC.1.
IC 8-9-12-3
"Railroad" defined
Sec. 3. As used in this chapter, "railroad" has the meaning set
forth in IC 8-3-1-2. However, the term does not include a Class II or
Class III railroad as established by the Interstate Commerce
Commission.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-4
Counseling or trauma program
Sec. 4. (a) A railroad company operating in Indiana shall establish
a counseling or trauma program and provide or make available
counseling or critical incident stress debriefing services to each
operating crew member of a train that is:
(1) operated by the railroad company in passenger, freight, or
yard service; and
(2) involved in an accident that results in death or serious
bodily injury.
(b) A railroad company operating in Indiana shall file a
description of the railroad company's counseling or trauma program
required under subsection (a) with the Indiana department of
transportation, whose sole responsibility under this section is to
receive the descriptions and make the descriptions available to the
public in accordance with IC 5-14-3.
(c) Before a railroad company implements one (1) or more
changes to the railroad company's counseling or trauma program
required under subsection (a), the railroad company must file with
the Indiana department of transportation a revised description of the
program that includes the changes.
As added by P.L.21-2001, SEC.1.
IC 8-9-12-5
Civil penalties
Sec. 5. (a) A railroad that violates this chapter is liable to the state
for a penalty of not:
(1) less than one hundred dollars ($100); or
(2) more than five hundred dollars ($500);
for each violation.
(b) A suit to recover the penalty set forth in subsection (a) may be
brought by the attorney general in the name of the state on relation
of the Indiana department of transportation in the circuit or superior
court of a county through which the railroad runs or is operated.
As added by P.L.128-2003, SEC.3.