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hb851_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 851
2025-2026
Representatives Grim, Pizzulli
Cosponsors: Representatives
Piccolantonio, Synenberg, McNally, Bryant Bailey, Brewer, Rogers
To
enact section 4955.37 of the Revised Code
to
establish "Safe Zones" on railroad tracks for the safety of
railroad employees and to name this act the Paul Payne Safe Zone Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4955.37 of the Revised Code be enacted to read as follows:
Sec.
4955.37.
(A)
As used in this section:
(1)
"Obstruction" includes scrap, lumber, debris, vegetation
that exceeds four inches in height, marked unevenness of terrain,
buildings, structures, or any other material or condition which
endangers a railroad employee.
(2)
"Railhead" means the rounded uppermost part of a rail.
(3)
"Railroad" has the same meaning as in section 4907.02 of
the Revised Code.
(4)
"Safe zone" means the immediate area surrounding railroad
tracks with the following parameters:
(a)
A vertical distance of twenty-two feet and six inches from the top of
the railhead;
(b)
A horizontal distance of fifteen feet in either direction from the
center line of the railroad track;
(c)
When occupied by railroad equipment in motion, a horizontal distance
of not less than thirty feet in either direction from the center line
of the railroad track when the track speed is ten miles per hour or
less;
(d)
When occupied by railroad equipment in motion, a horizontal distance
of not less than fifty feet in either direction from the center line
of the railroad track that includes a direct means of evacuating the
area when the track speed is greater than ten miles per hour.
(5)
"Substandard clearance" means an obstruction within the
safe zone parameters provided in division (A)(4) of this section.
(B)
A railroad shall ensure that each safe zone under the railroad's
control remains clear of all obstructions in order to ensure the
safety of any person that is actively operating, conducting
maintenance, or performing any other task within the scope of that
person's duties within the safe zone. If an obstruction cannot
reasonably be removed from a safe zone by a railroad, the railroad,
upon approval from the public utilities commission, shall install a
sign that warns railroad employees of a substandard clearance.
(C)
The public utilities commission shall conduct periodic inspections of
safe zones to ensure compliance with this section. Inspections may be
unannounced.
The
commission also may conduct such an inspection after receiving a
complaint of a safe zone violation.
(D)(1)
If the commission receives a complaint, both of the following may
attend the inspection with the commission:
(a)
A designated representative of the person making the complaint;
(b)
A representative of the railroad that controls the safe zone and that
is the subject of the complaint.
(2)
Personal protective equipment shall be worn during all inspections
and any safety rules of the railroad shall be followed by those
making or accompanying the inspection.
(E)
Whoever violates this section shall be fined not less than one
hundred dollars or more than five hundred dollars for each violation.
Each day of a continued violation is a separate offense.
(F)
The commission may adopt rules in accordance with Chapter 119. of the
Revised Code in order to implement and administer this section.
Section
2.
This
act shall be known as the Paul Payne Safe Zone Act.