HB 448 - AS AMENDED BY THE HOUSE
29mar01...0387h
2001 SESSION
03/01
HOUSE BILL 448
AN ACT relative to procedures for crews and provision of counseling services following a railway accident.
SPONSORS: Rep. Baroody, Hills 42; Rep. J. Kelley, Rock 22; Rep. Duval, Hills 42; Rep. Pepino, Hills 40; Rep. M. Fuller Clark, Rock 36
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill establishes requirements for counseling and leave time for crew members following a railway accident.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
29mar01...0387h
01-0803
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to procedures for crews and provision of counseling services following a railway accident.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 367:56-a After-Accident Counseling.
I. Every railroad corporation and railway company shall provide or make available to every member of an operating crew involved in an accident on its railway or right-of-way which results in loss of life or serious bodily injury, counseling services or other critical incident stress debriefing services within 48 hours. The engineer or other operating crew member involved in the accident shall be relieved from duty with compensation and applicable benefits at the site of the accident. The leave may be without compensation and benefit if the railroad corporation makes the affirmative showing that the accident was due to negligence of an engineer or other operating crew member. Any person who is otherwise eligible for the benefits provided by this paragraph and who has been found to have not acted negligently shall not be precluded from participation due to the negligence of a fellow crew member.
II. Any engineer returning to duty following leave provided pursuant to paragraph I shall, if he or she so requests, be assigned an assistant engineer or other qualified person who shall accompany him or her for such time as may be necessary to guarantee the public safety. Any engineer or crew member may be subject to an examination at the discretion of the employer pertaining to any mental or emotional impairment caused by the accident. Such examination shall occur during the period of leave or upon return of duty, and shall be by a qualified medical practitioner designated by the employer.
III. The provisions of paragraph I shall not apply to a railroad corporation or railway company that has a written policy approved by the commissioner incorporating personnel protections no less stringent than the requirements of paragraph I.
IV. The commissioner shall adopt rules, pursuant to RSA 541-A, for the implementation and enforcement of the provisions of this section.
2 Effective Date. This act shall take effect 60 days after its passage.