H-3470.1  _______________________________________________

                          HOUSE BILL 2695

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Conway, Lysen, Wood, Kenney and Kirby

Read first time 01/24/2002.  Referred to Committee on Commerce & Labor.

Providing for railroad safety.

    AN ACT Relating to railroad safety in Washington state; adding a new section to chapter 81.40 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 81.40 RCW to read as follows:

    (1) Any time a railroad company employee determines that he or she is fatigued and unable to safely perform his or her duties, that employee must be allowed to absence himself or herself from service to the company without any intimidation, retribution, or negative notation to his or her employment record.

    (2) The commission may require any railroad company in violation of subsection (1) of this section to forfeit not less than twenty-five dollars or more than one hundred dollars for a first offense; not less than one hundred dollars or more than five hundred dollars for a second offense committed within three years of the first offense; and not less than five hundred dollars or more than one thousand dollars for a third offense and each additional offense committed within three years of the prior offense.  All fines shall be deposited in the transportation fund.

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