West Virginia Code of State Rules › Agency 150 - Public Service Commission › Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION › Series 150-08 - Rules And Regulations For The Government Of Railroad Safety And Sanitation › Section 150-8-4 - Rules Relating To The Construction, Reconstruction And Maintenance Of Walkways Adjacent To Railroad Trackage: And Removal Of Debris, Trash, Etc

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Purpose: The
				purpose of Rule 4 is to establish the standards of practice for the
				construction and maintenance of walkways. The provisions of Rule 4 are not to
				be construed as inflexible mandates requiring all rail carriers in all
				circumstances to construct or reconstruct all walkways in exact accordance with
				these rules. Rule 4.3 acknowledges that walkways do not have to be constructed
				in exactly the same way. Railroads are required to comply with the standards
				set out in Rule 4 when possible, taking into consideration topographical
				limitations and compliance with applicable federal requirements.
4.1.a. Existing yard tracks: Each railroad
				shall provide reasonably safe and adequate walkways adjacent to its tracks in
				all switching areas within yard limits where railroad employees are regularly
				required to walk in the performance of their duties. All such walkways shall be
				maintained and kept reasonably free of trash and debris and provide as
				comfortable a walking surface as may be appropriate to prevailing
				conditions.
4.1.b. Private industry
				requirements: Each railroad shall require private industry utilizing railroad
				transportation service to provide suitable and adequate walkways adjacent to
				its tracks in all switching areas within yard limits where railroad employees
				are regularly required to walk in the performance of their duties; and all such
				walkways shall be maintained and kept reasonably free of trash and debris and
				provide as comfortable a walking surface as may be appropriate to prevailing
				conditions.
4.1.c. Water flow
				prohibited: Except for direct impingement of rain or snow, no wastewater or
				process water of any composition may be allowed to flow onto or over walkways
				used by railroad employees in performance of duties. Appropriate ditches,
				conduits, culverts and piping must be used for conducting all wastewater, both
				storm and industrial, clear of both tracks and walkways referenced in these
				rules.
4.1.d. Vegetation control:
				Encroachment of vegetation (including but not limited to weeds, brush, and tree
				limbs) must be controlled at side of tracks generally to a distance of eight
				(8) feet from the center of the track, and overhead generally to a distance of
				eighteen (l8) feet above top of rail. However, nothing herein shall be
				construed to impose restrictions which are more or less stringent than the
				applicable federal regulations.
4.1.e. New yard tracks: Rail carriers shall
				provide walkways adjacent to those portions of yard tracks constructed after
				March 17, 2012, where rail carrier employees regularly work on the ground
				performing switching service. To create a suitable, adequate, and comfortable
				surface on which to walk, such walkways may be surfaced with reasonably uniform
				asphalt, concrete, planking, grating, native material, crushed material, or
				other similar material. When crushed material is used, one hundred (100)
				percent of the material must be capable of passing through a one-and-one-half
				(1½) inch sieve and at least ninety (90) percent of the material must be
				capable of passing through a one (1) inch square sieve opening, provided,
				however a de minimis variation shall not be a violation of this rule in an
				instance where the rail carrier has made a good faith effort to comply with the
				percentage requirements. Smaller crushed material is preferable and should be
				used where drainage and durability issues do not arise. Material that is
				three-quarters (3/4) inch or less in size is recommended for switching lead
				tracks. Such walkways must have a reasonably uniform surface and must be
				maintained in a safe condition without compromising track drainage. Further,
				such walkways shall be a minimum width of two (2) feet and shall be kept
				reasonably free of spilled fuel oil, sand, posts, rocks and other hazards or
				obstructions.
4.1.f. Tracks other
				than yards: In cases where the Commission finds, after notice and hearing, that
				rail carrier employees who regularly work adjacent to a portion of track are
				exposed to safety hazards due to the lack of a walkway or to the condition of a
				walkway, the Commission may order a rail carrier to construct, when feasible, a
				walkway adjacent to a portion of track or require a rail carrier to modify an
				existing walkway in conformance with the standards set forth above for New Yard
				Tracks within a reasonable period of time. For purposes of this subdivision,
				"regularly" shall mean at least five (5) days per week, one (1) shift per day
				or any other period determined to be "regularly" enough by the Commission to
				warrant an Order pursuant to this rule.