Section 1546.10  Scope

 

a)         This Part prescribes that rail carriers must provide walkways adjacent to those portions of yard tracks constructed after February 15, 2005 where rail carrier employees frequently work on the ground performing switching activities.

 

b)         This Part applies to all new construction after February 15, 2005 and to the reconstruction of yard tracks accomplished after the date on which this Part becomes effective.

 

c)         This Part does not apply to tracks constructed in industry yards owned by an entity other than a rail carrier.

 

Section 1546.20  General Requirements

 

a)         Walkways may be surfaced with asphalt, concrete, planking, grating,

native material, crushed material, or other similar material.  When crushed material is used, 100% of the material must be capable of passing through a 1½" square sieve opening and 90-100% of the material must be capable of passing through a 1" square sieve opening, provided, however, a de minimus variation shall not be a violation of this Part in an instance where the rail carrier has made a good faith effort to comply with the percentage requirements.  Smaller crushed material is preferable.  It should be used where drainage and durability issues do not arise.  Material that is ¾" or less in size is recommended for switching lead tracks.  

 

b)         Walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage.

 

c)         Cross slopes for walkways shall not exceed 1" of elevation for each 8" of horizontal length in any direction.

 

d)         Walkways shall be a minimum width of 2 feet.

 

e)         Walkways within the scope of this Part shall be kept reasonably free of

spilled fuel oil, sand, posts, rocks, and other hazards or obstructions.

 

Section 1546.110  New Yard Tracks

 

a)         Rail carriers shall provide walkways adjacent to those portions of yard tracks constructed after February 15, 2005 where rail carrier employees frequently work on the ground performing switching activities.

 

b)         For purposes of this Part, frequently shall mean at least 5 days per week, 1 shift

per day. 

 

Section 1546.120  Other Tracks

 

a)         In cases where the Commission finds, after notice and hearing, that rail carrier employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed before February 15, 2005 the Commission may order a rail carrier to construct a walkway adjacent to a portion of track where employees are performing switching activities, or require a rail carrier to modify an existing walkway in conformance with the standards set forth in Section 1546.110 within a reasonable period of time.

 

b)         For purposes of this Part, "frequently" shall mean at least 5 days per week, 1 shift

per day or any other period deemed "frequently" enough by the Commission to warrant an order pursuant to this Part. 

 

Section 1546.130  Compliance

 

Rail carriers shall be excused from complying with this Part during maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts and similar weather or seismic conditions, and during a reasonable period afterwards to allow a return to compliance.

 

Section 1546.140  Waivers

 

A rail carrier may petition the Commission for a waiver of any Section of this Part pursuant to Section 18c-7403 of the Illinois Commercial Transportation Law.

 

Section 1546.150  Enforcement

 

a)         No formal complaint of an alleged violation of this Part may be filed until the filing party has attempted to address the alleged allegations with the rail carrier.  Any complaint of an alleged violation of this Part shall contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation with the rail carrier.

 

b)         All formal complaints filed with the Commission shall be resolved pursuant to procedures set forth in 83 Ill. Adm. Code 200.170.