Public Law 110-432 (Sec ,405)

PUBLIC LAW 110–432—OCT. 16, 2008

FEDERAL RAIL SAFETY IMPROVEMENTS

122 STAT. 4848 PUBLIC LAW 110–432—OCT. 16, 2008

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE IV—RAILROAD SAFETY

ENHANCEMENTS

SEC. 405. LOCOMOTIVE CAB STUDIES.

(a) IN GENERAL.—Not later than 1 year after the date of enactment

of this Act, the Secretary, through the Railroad Safety

Advisory Committee if the Secretary makes such a request, shall

complete a study on the safety impact of the use of personal electronic

devices, including cell phones, video games, and other distracting

devices, by safety-related railroad employees (as defined

in section 20102(4) of title 49, United States Code), during the

performance of such employees’ duties. The study shall consider

the prevalence of the use of such devices.

Deadline.

49 USC 20103

note.

Deadline.

Deadline.

Regulations.

Deadline.

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122 STAT. 4886 PUBLIC LAW 110–432—OCT. 16, 2008

(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary may also

study other elements of the locomotive cab environment and their

effect on an employee’s health and safety.

(c) REPORT.—Not later than 6 months after the completion

of any study under this section, the Secretary shall issue a report

on the study to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Transportation and Infrastructure.

(d) AUTHORITY.—Based on the conclusions of the study required

under (a), the Secretary of Transportation may prohibit the use

of personal electronic devices, such as cell phones, video games,

or other electronic devices that may distract employees from safely

performing their duties, unless those devices are being used

according to railroad operating rules or for other work purposes.

Based on the conclusions of other studies conducted under subsection

(b), the Secretary may prescribe regulations to improve

elements of the cab environment to protect an employee’s health

and safety.

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