State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-6 > 39-6-27-2

SECTION 39-6-27.2

   § 39-6-27.2  After accident counseling.– (a) Every railroad corporation and railway company shall provide or makeavailable to every member of an operating crew involved in an accident on itsrailway or right of way which results in loss of life or serious bodily injury,counseling services or other critical incident stress debriefing serviceswithin forty-eight (48) hours; provided, that the engineer, or other operatingcrew member involved in the accident shall be relieved from duty withcompensation and applicable benefits at the site of the accident for a minimumof three (3) days; provided, further, that the leave may be withoutcompensation and benefit if the railroad corporation makes the affirmativeshowing that the accident was due to negligence of an engineer or otheroperating crew member; provided, however, that any person who is otherwiseeligible for these benefits and who has been found to have not actednegligently shall not be precluded from participation due to the negligence ofa fellow crew member.

   (b) Any engineer returning to duty following such leaveshall, if he or she so requests, be assigned an assistant engineer or otherqualified person who shall accompany him or her for such time as may benecessary to guarantee the public safety, or until an appropriate medicalpractitioner has determined that the engineer does not suffer frompost-traumatic stress disorder.

   (c) The administrator of the public utilities commissionshall promulgate rules and regulations necessary for the implementation andenforcement of the provisions of this section.

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-6 > 39-6-27-2

SECTION 39-6-27.2

   § 39-6-27.2  After accident counseling.– (a) Every railroad corporation and railway company shall provide or makeavailable to every member of an operating crew involved in an accident on itsrailway or right of way which results in loss of life or serious bodily injury,counseling services or other critical incident stress debriefing serviceswithin forty-eight (48) hours; provided, that the engineer, or other operatingcrew member involved in the accident shall be relieved from duty withcompensation and applicable benefits at the site of the accident for a minimumof three (3) days; provided, further, that the leave may be withoutcompensation and benefit if the railroad corporation makes the affirmativeshowing that the accident was due to negligence of an engineer or otheroperating crew member; provided, however, that any person who is otherwiseeligible for these benefits and who has been found to have not actednegligently shall not be precluded from participation due to the negligence ofa fellow crew member.

   (b) Any engineer returning to duty following such leaveshall, if he or she so requests, be assigned an assistant engineer or otherqualified person who shall accompany him or her for such time as may benecessary to guarantee the public safety, or until an appropriate medicalpractitioner has determined that the engineer does not suffer frompost-traumatic stress disorder.

   (c) The administrator of the public utilities commissionshall promulgate rules and regulations necessary for the implementation andenforcement of the provisions of this section.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-39 > Chapter-39-6 > 39-6-27-2

SECTION 39-6-27.2

   § 39-6-27.2  After accident counseling.– (a) Every railroad corporation and railway company shall provide or makeavailable to every member of an operating crew involved in an accident on itsrailway or right of way which results in loss of life or serious bodily injury,counseling services or other critical incident stress debriefing serviceswithin forty-eight (48) hours; provided, that the engineer, or other operatingcrew member involved in the accident shall be relieved from duty withcompensation and applicable benefits at the site of the accident for a minimumof three (3) days; provided, further, that the leave may be withoutcompensation and benefit if the railroad corporation makes the affirmativeshowing that the accident was due to negligence of an engineer or otheroperating crew member; provided, however, that any person who is otherwiseeligible for these benefits and who has been found to have not actednegligently shall not be precluded from participation due to the negligence ofa fellow crew member.

   (b) Any engineer returning to duty following such leaveshall, if he or she so requests, be assigned an assistant engineer or otherqualified person who shall accompany him or her for such time as may benecessary to guarantee the public safety, or until an appropriate medicalpractitioner has determined that the engineer does not suffer frompost-traumatic stress disorder.

   (c) The administrator of the public utilities commissionshall promulgate rules and regulations necessary for the implementation andenforcement of the provisions of this section.