justicedao/ipfs_state_laws huggingface dataset:
741-335-0140 Drinking Water Containers (1) Drinking water shall be supplied in suitable sanitary containers conveniently located for the use of the employees, but shall not be located in separately enclosed toilet rooms. (2) Each reusable drinking water container shall be constructed so as to be easily cleaned and disinfected and shall be made of impervious and noncorrodible materials. (3) Either single service drinking cups or drinking fountains with sanitary angle heads shall be provided for the use of employees. (4) With the exception of individual disposable containers, no drinking water containers from which water must be dipped or poured shall be used. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.068 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0552 PUC 2-1981, f. & cert. ef. 4-8-81, Order No. 81-184, Order No. 81-243
741-335-0160 Hand Cleaning Facilities Facilities for cleaning of hands shall be provided on cabooses and locomotives in service at a location where the use thereof will not result in the contamination of the drinking water dispensing system. An adequate supply of hand soap or other hand cleaning agents shall be provided in appropriate dispensers or crew packs and shall be capable of removing oil-based substances. Individual disposable or launderable towels and waste receptacles for used towels shall be provided. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.068 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0560 PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184
741-335-0170 Placing Cabooses and Locomotives in Service Locomotives and cabooses shall not be placed in service until all sanitation, water and hand cleaning standards have been met. A locomotive or caboose shall be considered in service once it is removed from the service track or is occupied by a member of the train crew. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.068 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0570 PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184
741-335-0180 Caboose Defect and Repair Register (1) An equipment defect and repair register shall be furnished and maintained on each caboose. The register shall consist of a card, paper or book with spaces to record the date and train upon which a defect occurs, the defect and the name of the person reporting the defect. Each railroad shall require inspection of this register at all locations where maintenance can be performed, listing on the register the date and place the defect is corrected and initials and last name of the person making the repair. The railroads shall provide reasonable regulations for use of the register, including a provision for maintaining in each caboose all entries reporting defects within the previous 90 day period. (2) The equipment defect register may be used to report defects in equipment required by ORS Chapter 824 (fire extinguishers and rear-end markers) and sanitation regulations contained in OAR 741-335-0010 through 741-335-0160. Statutory/Other Authority: ORS 184.616, 184.619, 823.011 & 824.068 Statutes/Other Implemented: ORS 824.068 History: RS 2-1998, f. & cert. ef. 8-20-98 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-044-0580 PUC 2-1981, f. & ef. 4-8-81, Order No. 81-184
741-335-0200 First Aid Kits (1) Each locomotive and caboose shall carry a first aid kit as required under ORS 824.060 containing the following minimum first aid supplies: (a) Gauze pads (small); (b) Gauze pads (large); (c) Adhesive bandages; (d) Gauze bandage; (e) Triangle bandage; (f) Pair scissors; (g) Soap solution or sealed moistened towelettes; and (h) Pair of latex gloves. (2) First aid kits required by another state will be acceptable if the contents are reasonably equivalent to those required by this rule. Statutory/Other Authority: ORS 184.616, 184.619 & 823.011 Statutes/Other Implemented: ORS 824.060 History: RS 2-1998, f. & cert. ef 8-20-98
741-400-0010 Standards for Cabooseless Train Operations The Public Utility Commission adopts the following orders as standards for the operation by Class I railroads of freight trains without an occupied caboose as the rear cars: Case Order Railroad Number Number Southern Pacific RC-47 84-904 86-787 Union Pacific RC-58 86-1119 87-039 Burlington Northern RC-59 85-1214 RC-78 86-764 Statutory/Other Authority: ORS 183, 756 & 761 Statutes/Other Implemented: ORS 761.612 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-045-0015 PUC 13-1988, f. & cert. ef. 6-20-88, Order No. 88-636 PUC 12-1987(Temp), f. & ef. 10-8-87, Order No. 87-1015
741-510-0015 Adoption of Federal Regulations The Department of Transportation adopts the rules of the United States Department of Transportation in effect on the date this rule is filed with the Secretary of State (anticipated June 18, 2015) in Title 49, Code of Federal Regulations, Parts 107 through 180, Hazardous Materials Regulations, insofar as those rules apply to railroads and railroad shippers. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-510-0020 Railroad Reporting Information There are different entities involved in the transportation of Hazardous Materials by rail and response to any associated Incidents. Information sharing ensures emergency responders have information to guide preparedness efforts and effective response actions. (1) Each railroad transporting Hazardous Materials in this state shall provide by electronic mail to the Rail Division, the following information for each rail line it operates in the state: (a) Current railroad Timetable; (b) The name, address, and telephone number of the railroad’s person in charge of education and training related to Hazardous Material transportation; (c) The Railroad Emergency Response Telephone Number for obtaining information about train contents, including the type, quantity and placement of Hazardous Material cars within the train. (2) Each railroad shall provide updated information required in 741-510-0020(a) through (c) to the Rail Division no later than the last day of the month following the month the change was made. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15 RS 1-1997, f. & cert. ef. 6-27-97 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-046-0510 PUC 6-1995, f. & cert. ef. 7-13-95, Order No. 95-562 PUC 6-1992, f. & cert. ef. 2-26-92, Order No. 92-292 PUC 1-1991, f. & cert. ef. 1-11-91, Order No. 91-20 PUC 6-1985, f. & ef. 6-5-85, Order No. 85-496 PUC 5-1984, f. & ef. 3-6-84, Order No. 84-164 PUC 1-1979, f. & ef. 3-5-79, Order No. 79-145
741-510-0025 Quarterly Reporting of Hazardous Material Transportation (1) Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall provide a report via electronic mail to the Rail Division, for each quarter in which Hazardous Materials are transported. The quarterly report shall be made by the reporting railroad no later than the last day of the month following the quarter in which transportation of the Hazardous Material shipment ends, or the Hazardous Material shipment leaves the state. (2) The quarterly report shall segregate the reportable data by month. The quarterly report shall include: (a) The name, UN or NA Identification Number and Hazard Class of the Hazardous Material transported; (b) The number of loaded rail cars and residue rail cars used to transport the Hazardous Material, including any intermodal trailers, containers, and tank containers required to be marked with the UN or NA Identification Number of the Hazardous Material; (c) The railroad Line Segments in the state over which the Hazardous Material was transported. (3) The Rail Division shall prepare an annual report based on the quarterly reports submitted by each railroad. (4) The Rail Division shall make the information provided in the quarterly and annual reports available to Emergency Response Agencies. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-510-0027 Public Disclosure of Reporting Hazardous Material Transportation (1) Pursuant to ORS 824.082 and 824.086, the Rail Division shall make accessible to the general public, information reported quarterly, required by section (1) through (4) of OAR 741-510-0025. Disclosure of the reports will be subject to public records disclosure laws and will require a public records request. (2) ORS 192.501 and 192.502 provide that certain records (i.e., trade secrets) are exempt from disclosure under 192.410 to 192.050 unless the public interest requires disclosure in a particular instance. Persons required to provide information under these rules may request that the Rail Division treat some or all of their information as exempt from public disclosure by: (a) Making the claim in writing at the time the required information is provided to the Rail Division, and; (b) Providing any written documentation or analysis that supports the claim of exemption from public disclosure at the time the required information is provided to the Rail Division. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-510-0035 Immediate Access to Train Information for Emergency Response Agencies Each railroad transporting Hazardous Materials, if any part of such transportation takes place within this state, shall ensure that Emergency Response Agencies responding to an Incident on the transporting railroad’s lines have immediate telephonic and/or electronic access to information about train contents, including the type, quantity and placement of Hazardous Material cars within the train. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-510-0045 Notice of Incidents Emergency Response Agencies require immediate notification of Incidents to mobilize responders and equipment and initiate alerts to the impacted public to protect lives, property and the environment, and ensure timely and effective response. (1) In the event of an Incident that in the judgment of the railroad requires fire, police, or medical response, the railroad shall immediately notify 9-1-1. (2) Not withstanding any other requirement of Oregon law, each railroad shall notify the Oregon Emergency Response System (OERS) immediately by telephone or similar means of communication of any Incident. Notification to OERS is not a substitute to calling 9-1-1 for an Incident that requires fire, police, or medical response. (3) Notifications required in (1) and (2) of this section shall be considered immediate if made as soon as possible following the Incident. (4) The notifications required of an Incident to OERS will at a minimum, include: (a) Name and phone number of the person making the notification; (b) Name of the operating railroad reporting the Incident; (c) Name and phone number of the railroad contact person who is able to provide updated Incident information; (d) Date and time of the Incident; (e) Location of the Incident by railroad milepost and nearest city or town; (f) Type of Incident and nature of Hazardous Material involvement; (g) Estimated number of Hazardous Material rail cars involved. (5) Upon request, railroads shall provide the following information to Emergency Response Agencies through the Railroad Emergency Response Telephone Number: (a) Location of the Incident by latitude/longitude; (b) Whether a continuing danger to life exists at the scene; (c) Actions taken, such as containment, shelter-in-place, or evacuation; (d) The extent of any known injuries; (e) Hazard Class, proper shipping name, and the quantity of Hazardous Materials involved and released; (f) The car reporting marks for any rail car involved in the release or suspected release of a Hazardous Material; (6) OERS will notify appropriate state agencies following their adopted protocols. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-510-0050 Civil Penalties (1) Pursuant to ORS 824.990(1) and (2), (a) Any railroad that fails to submit the information required by OAR 741-510-0020 shall incur a civil penalty of $1000 for each day of non-compliance. (b) Any railroad that fails to make the quarterly notification required by OAR 741-510-0025 shall incur a civil penalty of $1000 for each day of non-compliance. (c) Any railroad that fails to provide Emergency Response Agencies with immediate access to Hazardous Material information as required by OAR 741-510-0035 shall incur a civil penalty of $1000 for each incident. (d) Any railroad that fails to provide the notice of a reportable Incident to Oregon Emergency Response System (OERS) required in OAR 741-510-0045(2) shall incur a civil penalty of $1000 for each unreported incident. (2) The Oregon Department of Transportation may reduce any penalty provided for in this section on such terms as the department considers proper if the defendant admits the violations alleged in the notice and makes timely request to the department for reduction of the penalty. (3) Civil penalties imposed under this section shall be imposed in the manner provided in ORS 183.745. Statutory/Other Authority: ORS 184.616, 184.619, 823.011, 823.061 & 824.086 Statutes/Other Implemented: ORS 824.080 - 824.092 History: RD 2-2015, f. & cert. ef. 9-14-15 RD 1-2015, f. & cert. ef. 9-3-15
741-520-0020 Discharge Clean Up A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment. ORS 824.088 requires a railroad to notify the Director of Oregon Emergency Management of the Department of State Police in connection with an incident that occurs during the course of transporting hazardous materials. Hazardous wastes are a form of hazardous material, so all transporters must observe the reporting requirement in connection with incidents involving hazardous wastes. See also OAR chapter 340, division 108. NOTE: ORS 824.088 requires a railroad to notify the Administrator of the Emergency Management Division of the Department of Administrative Services in connection with an incident that occurs during the course of transporting hazardous materials. Hazardous wastes are a form of hazardous material, so all transporters must observe the reporting requirement in connection with incidents involving hazardous wastes. See also OAR chapter 340, division 108. Statutory/Other Authority: ORS 823.011 & 824.086 Statutes/Other Implemented: ORS 824.090 History: RS 1-1997, f. & cert. ef. 6-27-97 RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-046-0930 PUC 8-1984, f. & ef. 4-12-84, Order No. 84-272
741-600-0010 Definitions As used in rules 741-600-0020 to 741-600-0040: (1) “Serious Injury to Persons” means: (a) Injury to a railroad employee sufficient to incapacitate him from performing all of the duties customarily included in the assignment of the employee at the time of injury for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident; or (b) Injury to a person other than an employee, if the injury is sufficient to incapacitate the injured person from following his customary vocation or mode of life for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident. (2) “Loss of Human Life” means immediate death or death within 24 hours from the time the accident occurred. (3) “Serious Damage to Property” means damage to property amounting to more than $4,500, including the expense of clearing the wreckage and damage to or loss of freight or baggage, animals, or property of noncarriers on or adjacent to the railroad right-of-way. (4) “Non-Serious Accident” means any accident except those accidents defined in sections (1) through (3) of this rule. (5) “Operation of a Railroad” means: (a) The operation of trains, locomotives or cars and the facilities incidental to their operation, such as tracks, railway stations, depots, freight houses, warehouses, wharfs, and ferries used as an adjunct of train services, etc., when such operation is performed by or under the supervision of the railroad; (b) The maintenance of equipment, roadway, track, structures, or other parts of railway plant, when such maintenance is performed under the supervision of the railroad. Any “serious damage” as defined in section (3) of this rule, to protective devices must be reported to the Department within seven days from such damage; (c) The construction of additions, betterments, or new lines when performed under the supervision of the railroad by forces engaged in the construction, operation or maintenance of existing lines. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 823.027 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0001 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-600-0020 Accidents Requiring Notice and Report The notice required herein shall be given to the Department from the office of an official designated by the railroad. Each railroad shall inform the Department in writing of the name, address and telephone number of the official designated. Such notice shall be provided between January 1 and January 15 of each year, except that additional written notice shall be provided in the event of any change in designation of official or procedure to be followed: (1) Except as otherwise ordered, the Department shall be notified within 24 hours (exclusive of Saturdays, Sundays and holidays), after occurrence of: (a) All accidents occurring at public and private grade crossings or between such crossings, in which a collision occurs between the person or vehicle of a user of a roadway and railroad equipment; (b) All derailments or other accidents involving locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property. Any damage to protective devices must be reported to the Department within seven days from such damage; (c) All collisions of locomotives, cars and trains resulting in loss of human life or serious injury to person or serious damage to property; (d) All bridge failures resulting in loss of human life or serious injury to person or serious damage to property; (e) Any other accident arising from or connected with the operation of a railroad, which accident is attended by loss of human life or serious injury to person or serious damage to property. (2) Notice shall be given by telegraph, telephone or in person, and shall include: (a) Date of accident; (b) Time; (c) Name of line and railroad milepost expressed to the nearest tenth; (d) Name of city; (e) ODOT or OPUC crossing number if applicable; (f) Kind of accident; (g) Equipment involved; and (h) Number of persons killed or seriously injured. (3) In addition to the notice required above, all such accidents shall be reported in writing to the Department by the proper official of such railroad on a form prescribed by the Department or by the United States Department of Transportation. The report shall be made immediately after the circumstances attending the accident have been ascertained, and not later than 30 days following the month in which the accident occurred. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 823.027 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0005 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143
741-600-0030 Additional Reports (1) All police agencies investigating an incident involving railroad equipment and a person or motor vehicle at a public grade crossing shall submit a copy of State of Oregon Vehicle Accident Report-Police (Form 46) to the Department of Transportation, within ten days of occurrence or as soon as available thereafter, at no expense to the Department. NOTE: The copy of Form 46 required by section (1) of this rule is in addition to the copy to be sent to Driver and Motor Vehicle Services Division (DMV) under ORS 810.460. (2) Oregon Department of Transportation, DMV shall, furnish the Department a copy of the Traffic Accident and Insurance Report (Form 735-32) for all reported accidents involving railroad equipment and motor vehicles at a public grade crossing. This report shall be furnished within ten days of receipt by the DMV, at no expense to the Rail Fund. (3) In the event no accidents have occurred at or between any public or private crossing on a railroad during a month, then that railroad shall submit a report so stating to the Department. The report shall be made not later than 30 days after expiration of the month during which no accidents occurred. Statutory/Other Authority: ORS 823 & 824 Statutes/Other Implemented: ORS 823.027 History: RS 2-1996, f. & cert. ef. 3-14-96, Renumbered from 860-047-0011 PUC 3-1983, f. & ef. 3-16-83, Order No. 83-143