IC 8-9-10
    Chapter 10. Railroad Employee Sanitary Facilities

IC 8-9-10-1
Duty to provide; terminals; mobile camps for maintenance of wayemployees
    Sec. 1. (a) As used in this section, "mobile camp" means atemporary location where at least two (2) railroad maintenance ofway employees are housed.
    (b) Every railroad company within the state of Indiana shallprovide and adequately maintain a heated room or rooms at allterminals, headquarters, and mobile camps in the operation of therailroad company, for the use of its employees.
    (c) Each room required by subsection (b) must contain adequatewash basins, shower-baths, inside toilets, and sufficient lockers forchecking employees' clothing.
    (d) Every railroad shall maintain at all permanent assembly pointsand mobile camps a supply of drinking water dispensed in a sanitarymanner. A permanent assembly point under this chapter is a locationwhere a minimum of two (2) maintenance of way employees meet fornot less than six (6) months of each year.
    (e) A railroad company that houses maintenance of wayemployees in a mobile camp shall provide and adequately maintainfor the employees' use outfit cars, camp cars, or trailers incompliance with the rules adopted under IC 16-19-3-4.4.
    (f) A railroad company that houses maintenance of wayemployees in a mobile camp shall:
        (1) not later than two (2) business days after employees arriveat that location, notify the local health department withjurisdiction in the area in which the mobile camp is located ofthe existence of the mobile camp; and
        (2) request and permit inspection by an authorizedrepresentative of the local health department to ensure theconditions of the outfit cars, camp cars, or trailers are sanitaryand healthful for the:
            (A) maintenance of way employees; and
            (B) local community.
    (g) A railroad company shall locate and maintain a mobile campdescribed in subsection (e) in a safe and healthy environment.
(Formerly: Acts 1965, c.154, s.1.) As amended by P.L.62-1984,SEC.138; P.L.83-2007, SEC.1.

IC 8-9-10-2
Hearings; investigations; mandamus; preference to cases
    Sec. 2. (a) Whenever the Indiana department of transportationsecures reliable information, receives a complaint, or, because ofreports made by the department's inspectors, has reason to believethat a railroad company in this state does not provide and adequatelymaintain the sanitary facilities provided for in section 1(b) through1(e) of this chapter, the department shall make an investigation as

necessary. The department shall conduct a hearing at which both therailroad company and the employees affected will be given a fullopportunity to present evidence as to the necessity andreasonableness of the proposed changes or improvements.
    (b) When the investigation required under subsection (a) is made,the Indiana department of transportation shall report to the manageror superintendent of the railroad company. In the report andrecommendations, the department shall make an accurate statementof the time the examination was made, of the exact location,character, and extent of defects or omissions, if any have been found,and shall recommend reasonable changes and improvements,additions, buildings, and accommodations, as are, in the opinion ofthe department, necessary to remedy the faults, neglect,requirements, or defects. The recommendations must set outspecifically a reasonable time within which such improvements orchanges or additions shall be made by the railroad company.
    (c) If the recommendations under subsection (b) are not carriedout within the time specified, then the Indiana department oftransportation may commence proceedings by mandamus or otherremedy in a circuit or superior court having jurisdiction to enforcecompliance with its order. All courts having jurisdiction in thesecases shall give preference to the cases and shall hear and determinethe case speedily to the end that the employees' interests and thepublic interests may not suffer.
(Formerly: Acts 1965, c.154, s.2.) As amended by P.L.62-1984,SEC.139; P.L.384-1987(ss), SEC.93; P.L.18-1990, SEC.102;P.L.83-2007, SEC.2.

IC 8-9-10-3
Railroad company also subject to health rules
    Sec. 3. In addition to this chapter, the railroad company is subjectto a rule adopted under IC 16-19-3-4.4.
As added by P.L.83-2007, SEC.3.