Current through Register Vol. XLI, No. 38, September 20, 2024
Section 150-8-1 - General1.1. 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.1.7. Drinking Water -- General Requirements: 1.7.a. Where water is supplied by the railroads for cooking and drinking purposes under these rules, it shall, where and when available, be from a public supply under the jurisdiction of a state Department of Health. Water supplied from a private supply shall meet the standards for drinking and human consumption of a state Department of Health.1.7.b. An adequate supply of drinking water shall be made available to all employees as herein provided.1.7.c. Where drinking water is supplied, suitable sanitary containers shall be used, conveniently placed for the use of employees, but not in toilet rooms. Each container shall be equipped with a sanitary fountain, faucet or other dispenser.1.7.d. All containers used to furnish drinking water shall be thoroughly cleansed as often as is necessary to assure a sanitary and palatable drinking water supply.1.7.e. The common drinking cup is prohibited. Either single service containers or drinking fountains with sanitary angle head shall be used in lieu thereof.1.8. Drinking Water -- Required Locations: 1.8.a. Running Facilities: Drinking water containers shall be provided, and drinking water shall be available for use on the following equipment when in use: 1.8.a.1. All locomotives.1.8.a.2. Baggage cars (when employees are required to work en route) unless other facility is reasonably available.1.8.b. Stationary Facilities: Drinking water, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary, at the following locations: 1.8.b.2. All yard offices.1.8.b.3. All stations where a public water supply is locally available (except where water is otherwise reasonably accessible).1.8.b.4. All shops and engine rooms.1.8.b.5. All signal or section headquarters in terminals and all bunk or section houses where an approved supply is locally available.1.8.b.6. All lunch rooms operated by railroad on railroad property.1.9. Toilets -- General Requirements:1.9.a. Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals shall be maintained as hereinafter set forth.1.9.b. Chemical toilets or privies may only be used when it is impractical to install inside toilet and urinal facilities.1.9.c. All permanent privies shall be constructed and maintained so that there will be no cracks or open spaces in that portion of the superstructure between the seat and floor or between the floor and the pit, vault, or space where the cans are kept. Every privy shall be provided with a door and such door shall be self-closing. The lids over the seats shall be so constructed as to fall into closed position when the seat is not occupied. The pit, vault or space where the cans are kept shall be ventilated to the outside air by means of a stack protected at its Outlet end by screens. Individual seats shall be provided in accordance with the ratio hereinafter set forth.1.9.d. Every flush toilet shall have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl shall be constructed of vitrified glazed earthenware, enameled metal, or other smooth finished material, impervious to moisture. No pan, plunger or washout water closets are permitted except that pan or double-pan types are permitted for running facilities. Every flush toilet shall have a separate hinged seat, made of a material other than metal, which does not absorb moisture or which shall be finished with varnish or other substances resistant to moisture.1.9.e. Every urinal shall be made of vitrified glazed earthenware, enameled metal, or other smooth finished material, impervious to moisture. Every urinal shall be flushed from a water supplied tank or through a flush valve. Water may be allowed to run continuously over trough urinals. Slab urinals are not permitted.1.9.f. Rule 1.9 is not applicable to locomotives and cabooses, including shoving platforms.1.10. Toilets -- Specifications: 1.10.a. Separation: No toilet room shall be connected with any room in which meals are taken, unless separated from said room by a self-closing door, maintained in operating condition. Separate toilet facilities shall be provided for each sex, whenever practicable, and each toilet room shall be plainly marked as such.1.10.b. Compartments: Each water closet in toilet rooms containing more than one water closet, together with one or more urinals, shall be in individual compartments.1.10.c. Ventilation: Every toilet room shall be adequately ventilated.1.10.d. Lighting: All toilet facilities shall be provided with adequate lighting, where power is available.1.10.e. Heating: Except privies, chemical and dry hopper toilets, every toilet room shall be kept adequately heated.1.10.f. Screens: All outside windows, ventilators, and other outside openings, shall be screened. Toilet rooms shall be kept free of insects and vermin, insofar as possible.1.10.g. Rule 1.10 is not applicable to locomotives and cabooses, including shoving platforms.1.11. Toilets -- Number Required: 1.11.a. Adequate toilet facilities, conveniently located, shall be provided for all employees and for each sex, whenever practicable. Such facilities shall be maintained in a usable and sanitary condition at all times.1.11.b. The following table shall be used as a guide in determining the adequacy of toilet facilities: Number of Employees | Minimum Number of Facilities |
1 to 10 persons | 1 toilet |
11 to 25 persons | 2 toilets |
26 to 49 persons | 3 toilets |
50 persons or over | 4 toilets + 1 toilet for each 25 additional persons or fraction thereof over 75 |
1.11.c. Whenever urinals are provided, one urinal may substitute for one toilet, provided the number of toilets shall not be reduced to less than two-thirds (2/3) of the number shown in the foregoing table.1.11.d. Supplies: An adequate supply of toilet paper with holder shall be supplied by the employer for each toilet.1.11.e. Sanitary Napkins: In all toilet rooms used by women, the Company shall permit the installation of dispensing machines for sanitary napkins. Covered receptacles shall be provided for the disposal of such napkins.1.11.f. Rule 1.11 is not applicable to locomotives and cabooses, including shoving platforms.1.12. Toilets -- Location of: 1.12.a. Running Facilities: 1.12.a.1. Baggage cars, when employees are required to work en route and no other facilities are available.1.12.a.2. Camp cars, when no other toilet is available.1.12.b. Stationary Facilities: Toilets, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary at the following locations: 1.12.b.2. All yard offices.1.12.b.3. All stations (except where other facilities are otherwise reasonably accessible).1.12.b.4. All engine houses and shops.1.12.b.5. All signal or section headquarters in terminals and all bunk or section houses.1.12.b.6. Camp cars, when no other toilet is available.1.12.b.7. Crossing watchman locations, where practicable, and where such facilities are not otherwise readily and conveniently located.1.12.b.8. Other locations where switchtenders, yardmen, trainmen, and other railroad employees report for or are relieved from duty.1.13. Washing Facilities -- General Requirements: Adequate facilities for maintaining personal cleanliness shall be provided for all employees as hereinafter specified. The same shall be convenient for the employees for whom they are provided and shall be maintained in a sanitary condition by the Railroad Companies. Rule 1.13 is not applicable to locomotives and cabooses, including shoving platforms.
1.14. Washing Facilities -- Specifications: 1.14.a. Wash basins or lavatories shall be made of vitrified glazed earthenware, vitreous enameled metal, or other smooth finished material, impervious to moisture.1.14.b. Twenty-four (24) inches of trough or circular wash basin shall be considered the equivalent of one wash basin. The trough or circular wash basin shall not be equipped with a plug or stopper.1.14.c. Spring-closing hand-operated faucets are prohibited in trough basins or circular basins.1.14.d. Rule 1.14 is not applicable to locomotives and cabooses, including shoving platforms.1.15. Washing Facilities -- Number Required:1.15.a. The following table shall be used as a guide in determining the adequacy of washing facilities: Number of Employees | Minimum Number of Facilities |
1 to 10 persons | 1 basin |
11 to 24 persons | 2 basins |
25 to 49 persons | 3 basins |
50 persons or over | 4 basins + 1 basin for each 25 employees or fraction thereof over 75 |
1.15.b. At least one (1) wash basin shall be located convenient to each toilet room.1.15.c. Rule 1.15 is not applicable to locomotives and cabooses, including shoving platforms.1.16. Washing Facilities -- Location of: 1.16.a. Running Facilities: Baggage cars (where employees are assigned for work en route and no other facilities are available).1.16.b. Stationary Facilities: Washing facilities, according to the foregoing specifications, shall be available, if employees are on duty regularly for periods of time long enough to make such facility reasonably necessary at the following locations:
1.16.b.2. All yard offices.1.16.b.3. All engine houses and shops.1.16.b.4. All signal or section headquarters in terminals and all bunk or section houses where an approved supply of running water is locally available.1.16.b.5. Places convenient to lunch rooms, designated as such.1.16.b.6. Camp cars, when no other washing facility is available.1.16.b.7. Other locations where switch tenders, yardmen, trainmen, and other railroad employees report for or are relieved from duty.1.16.c. Supplies: 1.16.c.1. Water shall be available and hot water shall be supplied at all terminals, yard offices, engine houses and shops.1.16.c.2. Mechanical drying facilities, including mechanical roller towel, or individual towels, either paper or cloth, shall be provided. (The use of common towels is prohibited).1.16.c.3. Waste receptacles shall be provided for used towels and other discardable materials.1.16.c.4. Soap, or wet or dry chemical hand cleaner, or other suitable cleansing agent shall be supplied.1.16.c.5. All supplies shall be adequate to meet the needs for which they are intended, and shall be maintained by the employer.1.17. Showers -- General Requirements: 1.17.a. Showers shall be required when, in the judgment of this Commission, such facilities are necessary at specified locations to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health.1.17.b. Such shower facilities shall be provided in conjunction with adequate and necessary lockers or dressing room facilities.1.17.c. Showers shall be maintained in a sanitary condition at all times by the Railroad Companies.1.18. Showers -- Specifications: 1.18.a. Showers shall be provided with a spray fixture, connected to an ample supply and pressure of hot and cold water, preferably mixed by a mixing valve.1.18.b. Each shower room or compartment shall be constructed of material impervious to moisture.1.18.c. Each shower compartment shall not be less than thirty-two (32) inches in width and thirty-two (32) inches in depth.1.19. Locker Rooms -- Lockers: 1.19.a. General Requirements -- Locker Rooms:1.19.a.1. Locker Rooms, except those in camp cars, shall have not less than eighty (80) square feet of floor space for the first ten (10) employees, or fraction thereof, and for each additional employee, not less than four (4) additional square feet shall be added thereto. Employees, as used herein, refers to employees to whom lockers have been assigned.1.19.a.2. Necessary furniture, such as benches and tables, shall be provided.1.19.a.3. Such locker rooms shall be properly lighted, heated and ventilated at all times.1.19.b. General Requirements -- Lockers: 1.19.b.1. Individual lockers for employees shall be provided when requested by such employees and deemed necessary by the Commission.1.19.b.2. Lockers shall be not less than fifteen (15) inches wide, eighteen (18) inches deep and seventy-two (72) inches high, exclusive of legs or other base. The lockers shall be equipped with a shelf and with not less than one (1) clothes hook for each side or equivalent hanger bar, and also sufficient openings in the door for purposes of ventilation.1.20. Dressing Rooms: 1.20.a. Where six (6) or more women, who are required to change clothing, are employed at any one time, a dressing room shall be provided for their use.1.20.b. Where more than one (1) but less than six (6) women, who are required to change clothing, are employed and a dressing room is not provided, room space shall be provided, properly screened for privacy and made suitable for the use of women employees, in lieu of a dressing room.1.20.c. Dressing rooms shall be conveniently located for the workers for whose use they are intended.1.21. Bunk Rooms - Camp Cars and Dormitories: 1.21.a. The walls, floors and ceilings of bunk rooms, camp cars and dormitories shall be so constructed as to provide protection from outside weather elements and to permit their being readily cleaned and they shall be kept cleaned and in good repair. Wood floors shall be raised above the ground sufficiently to allow airspace beneath them.1.21.b. Ventilation shall be provided by window opening directly to the outside air.1.21.c. During the period between May 1 and November 1, all outer doors and windows shall be equipped with screens.1.21.d. Adequate heating facilities and fuel shall be provided, with which employees may maintain a comfortable temperature, as weather conditions may require.1.21.e. Lighting by windows or acceptable artificial illumination shall be provided.1.21.f. When assigned to a section crew or signal crew, such crew shall be responsible for the cleanliness and sanitation.1.22. Bunk Rooms or Dormitories: 1.22.a. Bunk rooms or dormitories shall be of such area to provide at least fifty (50) square feet of floor space for each person, with a ceiling height of not less than seven (7) feet, except where double bunks are used at least thirty (30) square feet of floor space shall be provided each person accommodated.1.22.b. Where beds, bunks or cots are provided, they shall be equipped with proper mattresses. Such beds, bunks or cots shall be raised twelve (12) inches, above the floor and be located two (2) feet or more from the side of any other bed, bunk or cot located in the same room and have at least twenty-seven (27) inches of clear space above it.1.23. Camp Facilities: Where camp cars, house trailers or railroad passenger cars are furnished for sleeping purposes, the Commission may designate the number of men to be housed in each car.
1.24. Shelter: When an employee works regularly at a location (other than a repair track), where shelter is not otherwise available, it shall be provided, if requested by such employee and if deemed necessary by the Commission.
1.25. Lunch Rooms -- General Requirements: Lunch rooms provided by the Company shall be adequately ventilated, reasonably heated, properly screened, provided with the necessary covered receptacles for the disposal of waste matter and shall be kept clean and in good care.
1.26. Camp Cars -- Provision of Meals:1.26.a. When kitchen cars or other camp facilities for heated meals are furnished by the Company, they shall be provided with adequate equipment for cooking and refrigeration.1.26.b. In lunch rooms where food is served by the Company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules and regulations of the State Department of Health pertaining to public food establishments.1.26.c. Employees and workers handling and serving food in lunch rooms, described in 1.26.b, shall be subject generally to those rules and regulations of the State Department of Health, which are necessary for the sanitary handling of food.1.26.d. Concessionaire facilities provided by the company in lieu of direct company operations shall comply with these regulations with respect to adequate space, adequate food handling facilities and cleanliness.1.27. Cabooses or Rider Cars -- Other than Yard Cabooses: In addition to requirements of the preceding rules, cabooses or rider cars shall be subject to the following requirements:
1.27.a. They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F., from October 1 to May 15. A sufficient amount of fuel will be available for each trip or shift.1.27.b. Their windows and doors shall be weather stripped during cold weather and from May 1 to October 15, all caboose windows (except cupola windows), and doors shall be equipped with screens, where cabooses are used as sleeping quarters by crews laying over at away-from-home terminals.1.27.c. They shall be maintained in a clean and sanitary condition. When assigned to a crew, such crew shall be responsible for the cleanliness and sanitation.1.27.d. They shall be lighted by electricity or other acceptable means.1.27.e. Illumination equipment for railroad cabooses:1.27.e.1. There shall be maintained on the rear end of all cabooses, while cabooses are being pushed during the hours of darkness, either a handheld or installed backup light which shall be sufficient candle power to illuminate the track for a distance of at least two hundred fifty (250) feet under clear atmospheric conditions. Securing and maintaining said lights shall be the responsibility of the railroad.1.27.e.2. The provisions of Rule 1.27.e.1 shall only apply to all local or mine run cabooses. Runs originating from without the State of West Virginia shall be exempt from the requirements of the rule.1.27.e.3. Rule 1.27.e.1 shall be effective from June 7, l983, provided; that railroads shall have until June 7, 1984 to achieve full compliance with the rule.1.27.e.4. Enforcement -- Railroad safety inspectors of the Commission shall have authority to examine cabooses for compliance with these rules. If a railroad violates the provisions of Rule 1.27.e.1, it will be, according to W, Va. Code § 21-2B-5, guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500) for each violation; provided that the railroad shall not be in violation of Rule 1.27.e.1 if the defect is corrected at the first point maintenance supplies are available, or if repairs are needed, the first point at which materials and repair facilities are available and repairs can reasonably be made.1.27.e.5. Rule 1.27.e shall not be interpreted as imposing individual responsibility upon any railroad employee for damage to caboose backup lights while the employee is engaged in handling the lights as required by Rule 1.27.e.1.1.28. Cabooses or Rider Cars -- Other than Those Used in Road Service: In addition to the requirements of the preceding rules, cabooses or rider cars shall be subject to the following requirements:
1.28.a. They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F., from October 1 to May 15. Sufficient fuel for each trip or shift shall be available.1.28.b. Their windows and doors shall be weather stripped, as required by the season of the year.1.28.c. Windows on all cabooses shall be washed at reasonable intervals.1.28.d. They shall be maintained in a clean and sanitary condition. When assigned to a crew, such crew shall be responsible for the cleanliness and sanitation.1.29. The present facilities mentioned in Rules 1.5 through 1.29 shall be deemed adequate unless upon a specific complaint the Commission shall find otherwise.