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 150-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				rules hereinafter set forth do not purport to be all inclusive and are in
				addition to and not in derogation of any previous orders of the Commission
				pertaining to railroad safety and sanitation. These rules govern the provision,
				construction and maintenance of sanitation and shelter facilities for railroad
				company employees, pursuant to W. Va. Code §
									24-2-1;
				provided, however, that these rules are not applicable to sanitary facilities
				on locomotives and cabooses, including shoving platforms.
1.2. Authority. -- W. Va. Code §§
									24-1-1,
				24-1-7,
				24-2-1
				and
				24-2-2.
1.3. Filing Date. -- January 17,
				2012.
1.4. Effective Date. -- March
				19, 2012.
1.5. Applicability. --
				The following rules shall apply to all Public Utilities operating railroads, in
				whole or in part within the borders of the State of West Virginia, and to all
				persons employed by such corporations and performing their work in the State of
				West Virginia, except in cases in which the Commission shall otherwise order;
				provided, however, that these rules are not applicable to sanitary facilities
				on locomotives and cabooses, including shoving platforms.
Every company to which these rules apply shall cause to be
				  provided and maintained for its employees the sanitation and shelter specified
				  and required by these rules, or any subsequent Orders or amendments thereto
				  issued by the Commission.
1.6. Definitions -- For the purpose of these
				rules, the following definitions shall govern:
1.6.a. Bunk or Section House: Any building or
				portion thereof, excepting a family dwelling, in which persons employed by
				railroad companies are furnished sleeping or living accommodations.
1.6.b. Camp Car: Any sleeping, dining,
				kitchen, recreation car or cars or house trailer or camp trailers, on or off
				rail, furnished for the use of employees.
1.6.c. Commission: The Public Service
				Commission.
1.6.d. Company: A
				common carrier railroad as an employer.
1.6.e. Dressing Room: A room used by
				employees either as a dressing room or as a rest room, or for both
				purposes.
1.6.f. Drinking Water:
				Water from a supply under the jurisdiction of a health authority.
1.6.g. Employee: Any person employed by a
				company to which these rules apply.
1.6.h. Health Authority: A public health
				authority having jurisdiction.
1.6.i. Locomotive: Each motive power unit
				operated singly or in multiples.
1.6.j. Number of employees: Unless otherwise
				specified, the average number of employees employed on any one shift.
1.6.k. Railroads: Common carrier
				railroads.
1.6.l. Regularly: Unless
				otherwise specified, at least five (5) days per week, one (1) shift per
				day.
1.6.m. Signal Headquarters: A
				place where signal employees are regularly required to be and remain on duty
				during their shift.
1.6.n. Station:
				A facility where freight or passenger traffic is ordinarily received and
				delivered.
1.6.o. Switching
				service: Moving cars from one track to another track or to different positions
				on the same track. It includes the moving of cars in the make-up and break-up
				of trains; also moving of cars on industrial switching tracks or interchange
				tracks, and the general movement of cars within terminals or at
				junctions.
1.6.p. Terminal: A
				facility where engine and train crews in yard and train service and switchmen,
				switchtenders, maintenance of way employees, signal employees, car clerks, or
				other company employees are required to report for or be relieved from
				duty.
1.6.q. Toilets: Fixtures such
				as flush, chemical, dry hopper toilets, or privies for the purpose of
				defecation, unless otherwise specified.
1.6.r. Usual Place of Employment: The place
				where an employee works with a reasonable measure of continuity.
1.6.s. Yard: A group of tracks used for the
				making or breaking up of trains or classification of cars.