Senate Bill 2707

AN ACT TO ESTABLISH STANDARDS FOR STATIONARY ASSEMBLY POINTS AND MOBILE LABOR CAMPS PROVIDED BY A RAILROAD COMPANY FOR MAINTENANCE OF WAY EMPLOYEES; TO REQUIRE A RAILROAD COMPANY TO PROVIDE DRINKING WATER AT ASSEMBLY POINTS WHERE MAINTENANCE OF WAY EMPLOYEES MEET; TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT RULES AND REGULATIONS CONCERNING MOBILE CAMPS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, "mobile camp" means a temporary location where at least two (2) railroad maintenance of way employees are housed.

(2) Every railroad company within the State of Mississippi shall provide and adequately maintain a heated room or rooms at all terminals, headquarters and mobile camps in the operation of the railroad company, for the use of its employees.

(3) Each room required by subsection (2) of this section must contain adequate wash basins, shower-baths, inside toilets, and sufficient lockers for checking employees' clothing.

(4) Every railroad shall maintain, at all permanent assembly points and mobile camps, a supply of drinking water dispensed in a sanitary manner. A permanent assembly point under this section is a location where a minimum of two (2) maintenance of way employees meet for not less than six (6) months of each year.

(5) A railroad company that houses maintenance of way employees in a mobile camp shall provide and adequately maintain for the employees' use outfit cars, camp cars, or trailers in compliance with the rules adopted under this section.

(6) A railroad company that houses maintenance of way employees in a mobile camp shall:

(a) Not later than two (2) business days after employees arrive at that location, notify the local health department with jurisdiction in the area in which the mobile camp is located of the existence of the mobile camp; and

(b) Request permit inspection by an authorized representative of the local health department to ensure the conditions of the outfit cars, camp cars, or trailers are sanitary and healthful for the:

(i) Maintenance of way employees; and

(ii) Local community.

SECTION 2. (1) Whenever the Mississippi State Department of Health secures reliable information, receives a complaint, or, because of reports made by the department's inspectors, has reason to believe that a railroad company in this state does not provide and adequately maintain the sanitary facilities provided for in Section 1 of this act, the department shall make an investigation as necessary. The department shall conduct a hearing at which both the railroad company and the employees affected will be given a full opportunity to present evidence as to the necessity and reasonableness of the proposed changes or improvements.

(2) When the investigation required under subsection (1) of this section is made, the Mississippi State Department of Health shall report to the manager or superintendent of the railroad company. In the report and recommendations, the department shall make an accurate statement of the time the examination was made, of the exact location, character and extent of defects or omissions, if any have been found, and shall recommend reasonable changes and improvements, additions, buildings and accommodations, as are, in the opinion of the department, necessary to remedy the faults, neglect, requirements or defects. The recommendations must set out specifically a reasonable time within which such improvements or changes or additions shall be made by the railroad company.

(3) If the recommendations under subsection (2) of this section are not carried out within the time specified, then the Mississippi State Department of Health may commence proceedings by mandamus or other remedy in a circuit, chancery or county court having jurisdiction to enforce compliance with its order. All courts having jurisdiction in these cases shall give preference to the cases and shall hear and determine the case speedily to the end that the employees' interests and the public interests may not suffer.

SECTION 3. (1) The State Board of Health shall adopt reasonable rules necessary to protect the health, safety, and welfare of persons living in mobile camps, including provisions relating to sanitary conditions, light, air, safety protection from fire hazards, equipment, maintenance, and operation of the camp, sewage disposal through septic tank absorption fields, and other matters appropriate for the security of the life and health of occupants.

(2) The rules adopted under subsection (1) of this section shall be enforced by the Mississippi State Department of Health.

(3) The rules must include the following:

(a) A requirement for an inspection fee necessary to cover all the expenses incurred in the process of conducting inspections of a mobile camp, to be paid by the railroad company operating the mobile camp.

(b) A provision that the inspection fee shall be paid to the local health department before initiation of the inspection. The fee shall be deposited in the general fund of the local health department.

(c) A requirement that the railroad company, after the departure of the mobile camp, restore the property upon which the mobile camp existed to its condition before the arrival of the mobile camp.

(d) A provision that the officials of the local health department may conduct either:

(i) Independent inspections of the mobile camp without the presence of the railroad company; or

(ii) Joint inspections of the mobile camp with the presence of the railroad company and any employee representative working for the railroad company.

SECTION 4. This act shall take effect and be in force from and after July 1, 2012.