IC 8-9-12
    Chapter 12. Railroad Employee Counseling and Assistance

IC 8-9-12-1
Applicability of chapter
    Sec. 1. This chapter does not apply to a Class II or Class IIIrailroad as established by the Interstate Commerce Commission.
As added by P.L.21-2001, SEC.1.

IC 8-9-12-2
"Operating crew member" defined
    Sec. 2. As used in this chapter, "operating crew member" meansa railroad employee described in IC 8-9-2-1(n).
As added by P.L.21-2001, SEC.1.

IC 8-9-12-3
"Railroad" defined
    Sec. 3. As used in this chapter, "railroad" has the meaning setforth in IC 8-3-1-2. However, the term does not include a Class II orClass III railroad as established by the Interstate CommerceCommission.
As added by P.L.21-2001, SEC.1.

IC 8-9-12-4
Counseling or trauma program
    Sec. 4. (a) A railroad company operating in Indiana shall establisha counseling or trauma program and provide or make availablecounseling or critical incident stress debriefing services to eachoperating crew member of a train that is:
        (1) operated by the railroad company in passenger, freight, oryard service; and
        (2) involved in an accident that results in death or seriousbodily injury.
    (b) A railroad company operating in Indiana shall file adescription of the railroad company's counseling or trauma programrequired under subsection (a) with the Indiana department oftransportation, whose sole responsibility under this section is toreceive the descriptions and make the descriptions available to thepublic in accordance with IC 5-14-3.
    (c) Before a railroad company implements one (1) or morechanges to the railroad company's counseling or trauma programrequired under subsection (a), the railroad company must file withthe Indiana department of transportation a revised description of theprogram that includes the changes.
As added by P.L.21-2001, SEC.1.

IC 8-9-12-5
Civil penalties
    Sec. 5. (a) A railroad that violates this chapter is liable to the statefor a penalty of not:        (1) less than one hundred dollars ($100); or
        (2) more than five hundred dollars ($500);
for each violation.
    (b) A suit to recover the penalty set forth in subsection (a) may bebrought by the attorney general in the name of the state on relationof the Indiana department of transportation in the circuit or superiorcourt of a county through which the railroad runs or is operated.
As added by P.L.128-2003, SEC.3.