New York § 52-D - 52-DDebris to be cleared

§ 52-D. 52-DDebris to be cleared

§ 52-d. Debris to be cleared. Every railroad shall maintain and keep clear of debris the margins alongside their yard tracks used for switching operations where railroad employees are required to walk in the course of their duties. Such margins constitute the area between the ends of the ties and a distance of nine feet on either side of the center line of any track in any yard. In addition, each railroad shall keep the area around any switch in any such yard, clear of debris for a distance of nine feet on either side of the center line of any tracks wherein any such switch is located. Such debris shall include but not be limited to used or discarded brake shoes, air hoses, railroad ties, or portions thereof, parts of railroad cars or locomotives, lumber and oil, grease or waste of any type. Debris does not include track materials being placed on or removed from tracks under maintenance or replacement programs concerning which the railroad has notified its employees of the presence and location of such materials. Upon the filing by a recognized railroad labor representative, as defined by the railway labor act, of a written, verified complaint with the railroad superintendent of the division involved and with the department of transportation, designating the nature of the debris and the particular area or location where any of the above described debris has existed for a period of at least seventy-two hours. Upon receipt of such verified complaint the superintendent of the division shall advise the complainant as well as the department of transportation within ten days as to the specific remedies or actions said superintendent intends to take to resolve the complaint. If the superintendent takes issue or disagrees with the verified complaint filed by the designated railroad labor representative he shall within ten days so notify said representative and the department of transportation. The department of transportation shall be allowed a period of fifteen days to determine the veracity of said complaint. If the complaint proves to be correct as verified by the department of transportation inspector the department of transportation shall then issue appropriate orders to the railroad specifying that the conditions be rectified within ten days. At the end of the tenth day if the conditions still persist the department of transportation shall be empowered to fine the railroad the sum of fifty dollars per day until such time as the complaint has been rectified.