Section 1545.10  Application

 

This Part shall apply to all rail carriers operating within the borders of the State of Illinois and to all persons employed by such rail carriers.

 

(Source:  Amended at 11 Ill. Reg. 15053, effective October 1, 1987)

 

Section 1545.20  Responsibility

 

a)         Each rail carrier shall provide and maintain for its employees the sanitation and shelter specified and required by this Part.

 

b)         Notice of not less than 45 days shall be provided to the Commission of any intention to construct, modify or eliminate a sanitation or shelter facility. This shall include any intention to change the location, size or layout of a facility, or any intention to eliminate, remove or materially change any appurtenance such as lockers, showers, washing facilities, and toilets, but shall not include routine maintenance or the replacement of an appurtenance in kind.  The notification shall include a statement of how the change will impact compliance with this Part and shall also include a copy of design drawings. Notice shall be in writing and may be provided by letter or electronic mail to the attention of the Rail Safety Program Administrator of the Illinois Commerce Commission's Transportation Bureau, Rail Safety Section. Compliance with the 45 day notice standards in this Part is hereby excused during periods of an emergency that makes the facility uninhabitable, if notice is provided as soon as practicable.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.30  Definitions

 

            "Bunk or Section House" means any building or portion thereof, excepting a family dwelling, in which persons employed by rail carriers are furnished sleeping and/or living accommodations.  A room furnished for sleeping may be referred to as a bunk room or dormitory.

 

            "Camp Car" means trailers and on-track vehicles, including outfit, camp, or bunk cars or modular homes mounted on flat cars, used to house or accommodate railroad employees. Wreck trains are not included.

 

"CFR" means the Code of Federal Regulations.

 

            "Commission" means the Illinois Commerce Commission.

 

            "Company" means a rail carrier as defined in Section 18c-1104 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-1104].

 

            "Dressing Room" means a room used by employees either as a dressing room or as a restroom, or for both purposes.

 

            "Drinking Water" means potable water from a supply under the jurisdiction of a health authority or commercially available bottled drinking water.  Potable water or commercially available bottled drinking water shall comply with U.S. Food and Drug Administration regulations contained in 21 CFR 165.110 (May 29, 2009).

 

            "Employee" means any person employed by a company to which this Part applies.

 

            "Health Authority" means a public health authority having jurisdiction.

 

"Lavatory" means a basin or similar vessel used primarily for washing of the hands, arms, face and head.

 

"Leq (8)" means the equivalent steady sound level that in 8 hours would contain the acoustic energy as the time-varying sound level during the same time period.

 

"Lunch Room" means a sanitary location inside a building or structure where employees are permitted to eat.

 

"Nonwater Carriage Toilet Facility" means a toilet facility not connected to a sewer, including a toilet facility connected to self-contained sewage tanks.

 

            "Number of Employees" means, unless otherwise specified, the average number of employees employed on any one shift.

 

            "Railroad" means the same as "company" as defined in this Section.

 

"Sanitary" means lacking any condition in which any significant amount of filth, trash or human waste is present in such a manner that a reasonable person would believe that the condition might constitute a health hazard; or of strong, persistent, chemical or human waste odors sufficient to deter use of the facility, or give rise to a reasonable concern with respect to exposure to hazardous fumes.

 

"Shelter" means a building or structure designed to protect employees from the environment.

 

"Signal Headquarters" means a place where signal employees are regularly required to be and remain on duty during their shift.

 

            "Station" means a facility where freight and/or passenger traffic is ordinarily received and delivered and at which a station agent is regularly assigned for duty.

 

            "Terminal" means a facility where engine and train crews in yard and train service and switchmen, switch tenders, maintenance of way employees, signal employees and car clerks are required to report for or be relieved from duty.

 

            "Toilets" means fixtures such as flush, chemical or dry hopper toilets, or privies.

 

"Toilet Facility" means a fixture maintained within a toilet room for the purpose of defecation or urination, or both.

 

"Toilet Room" means a room maintained within or on the premises containing toilet facilities for use by employees.

 

"Toxic Material" means a material in concentration or amount of such toxicity as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm.

 

"Urinal" means a toilet facility maintained within a toilet room for the sole purpose of urination.

 

            "Usual place of employment" means the place where an employee works with a reasonable measure of continuity throughout the major part of his/her company service.

 

"Water Closet" means a toilet facility maintained within a toilet room for the purposes of both defecation and urination and that is flushed with water.

 

            "Yards" means a group of tracks used for the making or breaking up of trains or classification of cars.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.100  Drinking Water

 

a)         General Requirements:

 

1)         Where water is supplied by the rail carrier for cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, bathing, or drinking purposes, it shall, where available, be from a public supply under the jurisdiction of the Illinois Department of Public Health.  Water from a private supply shall meet the standards of the Illinois Department of Public Health, 77 Ill. Adm. Code 900, as well as the U.S. Food and Drug Administration regulations contained in 21 CFR 165.110 (May 29, 2009).  The distribution lines shall be capable of supplying operating pressures to all water taps for normal simultaneous operation.  Commercially available bottled drinking water may be used to satisfy this requirement.

 

2)         An adequate supply of drinking water shall be made available to all employees.  Commercially available bottled drinking water may be used to satisfy this requirement.

 

3)         When necessary, suitable, sanitary drinking water containers shall be available, conveniently placed for the use of employees, but not in toilet rooms.  Each container shall be equipped with a sanitary fountain, faucet or other dispenser.  Open containers such as barrels, pails or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, shall not be used. Drinking water dispensers shall be designed, constructed and serviced so that sanitary conditions are maintained, capable of being closed, and equipped with a tap.

 

4)         All containers used to furnish drinking water shall be thoroughly cleansed as often as is necessary to assure a sanitary and palatable drinking water supply.

 

5)         The common drinking cup is prohibited.  Either single service containers or drinking fountains with sanitary angle head shall be used.

 

b)         Required Locations:

 

1)         Running Facilities:  Drinking water containers shall be provided, and drinking water shall be available for use, on the following equipment when in use:

 

A)        All locomotives.

 

B)        Baggage and express cars (when employees are required to work en route), unless another facility is reasonably available (e.g., a passenger car in which water is available being attached to a baggage or express car).

 

C)        Cabooses.

 

2)         Stationary Facilities:  Drinking water shall be available to employees who are on duty regularly for periods of time long enough to make the drinking water facility reasonably necessary, at the following locations:

 

A)        All terminals.

 

B)        All yard offices.

 

C)        All stations where a public water supply is locally available (except where water is otherwise reasonably accessible).

 

D)        All shops and engine houses.

 

E)        All signal or section headquarters in terminals and all bunk or section houses.

 

F)         All lunch rooms operated by a railroad on railroad property.

 

G)        Camp cars.

 

3)         Other Locations and Job Sites:

Drinking water shall be made available to employees at other locations and job sites where employees are on duty with sufficient regularity for periods of time long enough to make drinking water reasonably necessary, when determined by the following procedures:

 

A)        An employee requesting water to be provided at other locations and job sites shall contact his/her authorized immediate supervisor, and the parties shall make a reasonable good faith effort to resolve the matter.

 

B)        If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request. 

 

C)        If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160.  Commission staff shall conduct a joint informal investigation with parties to determine whether drinking water should be provided at the location. 

 

D)        If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.110  Toilets

 

a)         General Requirements:

 

1)         Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals shall be maintained as set forth in this Section.

 

2)         Chemical toilets or privies shall only be used when it is impractical to install inside toilet and urinal facilities.

 

3)         All permanent privies shall be constructed and maintained so that there will be no cracks or open spaces in that portion of the superstructure between the seat and floor or between the floor and the pit, vault or space where the cans are kept.  Every privy shall be provided with a door and the door shall be self-closing.  The lids over the seats shall be so constructed as to fall into closed position when the seat is not occupied.  The pit, vault or space where the cans are kept shall be ventilated to the outside end by screens.  Individual seats shall be provided in accordance with the ratio set forth in subsection (c)(2).

 

4)         Every flush toilet shall have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl.  The bowl shall be constructed of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture.  No pan, plunger or washout water closets are permitted except that pan or double-pan types are permitted for running facilities.  Every flush toilet shall have a separate hinged seat made of a material, other than metal, that does not absorb moisture or that is finished with varnish or other substances resistant to moisture.

 

5)         Every urinal shall be made of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture.  Every urinal shall be flushed from a water supplied tank or through a flush valve.  Water may be allowed to run continuously over trough urinals.  Slab urinals are not permitted.

 

6)         Separate toilet facilities for employees of each gender housed in the camp car shall be provided in each sleeping car, in accordance with the table shown in subsection (c)(2). The number of facilities to be provided for each sex shall be based on the number of employees of that gender for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet or nonwater carriage toilet facility, separate toilet rooms for each gender need not be provided. Where the single-occupancy rooms have more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of the table shown in subsection (c)(2).

 

7)         The method of sewage disposal for toilet facilities in camp cars shall not endanger the health of the employees.

 

8)         All toilet facilities shall be kept in a clean and sanitary condition.  They shall be cleaned regularly. 

 

b)         Specifications:

 

1)         Separation:  No toilet room shall have direct communication with any room in which meals are taken, unless separated from that room by a self-closing door maintained in operating condition.  Separate toilet facilities shall be provided for each gender, whenever practicable, and each toilet room shall then be plainly marked.

 

2)         Compartments:  Each water closet in toilet rooms containing more than one water closet, or water closets together with the one or more urinals, shall be in an individual compartment with a door and walls or partition between fixtures sufficiently high to assure privacy.

 

3)         Ventilation:  Every toilet room shall be adequately ventilated.

 

4)         Lighting:  Each toilet facility shall be lighted naturally or artificially by a safe type of lighting available at all hours of the day and night.  Where privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are provided, they shall be located and maintained with a safe type of lighting available at all hours of the day and night.  During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are excused from this provision when it is not practicable to provide lighting.

 

5)         Heating:  Every toilet room shall be kept adequately heated.  During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are excused from this provision when it is not practicable to provide heating.

 

6)         Screens:  All windows, ventilators and other openings shall be screened. Toilet rooms shall be kept free of insects and vermin insofar as possible.

 

7)         During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks, shall be located within 50 feet of the camp cars and, as far as practicable, on the same side of the track on which the camp cars are sited.

 

c)         Number Required:

 

1)         Adequate toilet facilities, conveniently located, shall be provided for all employees and for each gender whenever practicable.  The facilities shall be maintained in a usable and sanitary condition at all times.

 

2)         The following table shall be used as a guide in determining the adequacy of toilet facilities:

 

Number of Employees		Minimum Number of Facilities
1  to   10 persons		1 toilet
11  to   25 persons		2 toilets
26  to   49 persons		3 toilets
50  to 100 persons		5 toilets
100 persons or over		1 toilet for each additional 25 persons

 

3)         Whenever urinals are provided, one urinal may substitute for one toilet, provided the number of toilets shall not be reduced to less than ⅔ of the number shown in the foregoing table.

 

4)         Supplies:  An adequate supply of toilet paper with holder shall be supplied by the employer for each toilet.

 

5)         Feminine Hygiene Products:  In all toilet rooms used by women, the company shall permit the installation of dispensing machines for feminine hygiene products.  Covered receptacles shall be provided for the disposal of feminine hygiene products.

 

d)         Location of:

 

1)         Running Facilities:

 

A)        All locomotives (except those used primarily in transfer, switching or yard service and those locomotives in service on October 1, 1967 (the effective date of this Part) on which no space is available).

 

B)        Baggage and express cars (when employees are required to work en route and no other facility is available).

 

C)        Cabooses (except those used primarily in transfer, switching or yard service).

 

D)        Camp cars.  When toilet facilities are provided in separate cars, toilet rooms shall have a window space of not less than 6 square feet in area opening directly to the outside area or otherwise be satisfactorily ventilated.  All outside openings shall be screened with material that is equivalent to or finer than 16-mesh. No fixture, water closet, nonwater carriage toilet facility or urinal shall be located in a compartment used for other than toilet purposes.

 

2)         Stationary Facilities:

Toilets, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make the facility reasonably necessary at the following locations:

 

A)        All terminals.

 

B)        All yard offices.

 

C)        All stations (except where other facilities are otherwise reasonably accessible).

 

D)        All engine houses and shops.

 

E)        All signal or section headquarters in terminals and all bunk or section houses.

 

F)         Camp cars.

 

G)        Crossing watchman locations, where practicable, and where those facilities are not otherwise readily and conveniently located.

 

3)         Other Locations and Job Sites:

Toilets shall be provided to employees at other locations and job sites where employees are on duty with sufficient regularity for periods of time long enough to make a toilet reasonably necessary, when determined by the following procedures:

 

A)        An employee requesting toilets to be provided at other locations and job sites shall contact his/her immediate supervisor, and the parties shall make a reasonably good faith effort to resolve the matter. 

 

B)        If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request. 

 

C)        If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160.  Commission staff shall conduct a joint informal investigation with parties to determine whether drinking water should be provided at the location. 

 

D)        If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.120  Washing Facilities

 

a)         General Requirements:

 

1)         Adequate facilities for maintaining personal cleanliness shall be provided for all employees as specified in this Section.  The facilities shall be convenient for employees for whom they are provided and shall be maintained in a sanitary condition.

 

2)         Two wash basins within each sleeping car shall be provided for employees housed in camp cars.

 

b)         Specifications:

 

1)         Wash basins or lavatories shall be made of vitrified glazed earthenware, vitreous enameled metal or other smooth finished material, impervious to moisture.

 

2)         Twenty-four inches of trough or circular wash basin shall be considered the equivalent of one wash basin.  The trough or circular wash basin shall not be equipped with a plug or stopper.

 

3)         Spring-closing hand-operated faucets are prohibited in trough basins or circular basins.

 

c)         Number Required:

 

1)         The following table shall be used as a guide in determining the adequacy of washing facilities:

 

Number of Employees		Minimum Number of Facilities
1  to   10 persons		1 basins
11  to   25 persons		2 basins
26  to   49 persons		3 basins
50  to 100 persons		5 basins
100 persons or over		1 basin for each additional 25 employees

 

2)         At least one wash basin shall be located convenient to each toilet room.

 

d)         Location of:

 

1)         Running Facilities:

 

A)        Baggage and express cars (where employees are assigned for work en route) and no other facilities are available.

 

B)        Cabooses (except cabooses used primarily in transfer, yard or switching service).

 

C)        Camp cars.

 

2)         Stationary Facilities:

The washing facilities required by this Section shall be available if employees are on duty regularly for periods of time long enough to make the facility reasonably necessary at the following locations:

 

A)        All terminals.

 

B)        All yard offices.

 

C)        All engine houses and shops.

 

D)        All signal or section headquarters in terminals and all bunk or section houses.

 

E)        Places convenient to designated lunch rooms.

 

F)         Camp cars.

 

G)        One lavatory basin per 6 employees in a shared facility.

 

3)         Supplies:

 

A)        Water shall be available and hot water shall be supplied at all terminals, yard offices, engine houses, shops and camp cars. Hot and cold running water shall be available for all camp cars.

 

B)        Mechanical drying facilities, including mechanical roller towels, or individual towels, either paper or cloth, shall be provided.  (The use of common towels is prohibited.)

 

C)        Waste receptacles shall be provided for used paper towels.

 

D)        Soap or other suitable cleansing agent shall be supplied.

 

E)        All supplies shall be adequate to meet the needs for which they are intended, and shall be maintained by the employer.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.130  Showers

 

a)         General Requirements:

 

1)         Showers shall be required when necessary at specified locations to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health.

 

2)         Shower facilities shall be provided in conjunction with lockers or dressing room facilities, as required by this Part.

 

3)         Whenever a shower is required under subsection (a)(1), where 6 or more women are employed at any one time, a separate shower room shall be provided for their use. Where at least one, but fewer than 6 women are employed and a separate shower room is not provided, accommodation must be made to ensure privacy, including a latch or lock on the door leading to the shower room.

 

b)         Specifications:

 

1)         Showers shall be provided with a spray fixture connected to an ample supply and pressure of hot and cold water, preferably mixed by a mixing valve.

 

2)         Each shower room or compartment shall be constructed of material impervious to moisture.

 

3)         Each shower compartment shall be not less than 32 inches in width and 32 inches in depth.

 

4)         Shower floors shall be constructed of non-slippery materials. Floor drains shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be sealed. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash.

 

5)         An adequate supply of hot and cold running water shall be provided for showering purposes.  Facilities for heating water shall be provided.

 

c)         Camp Car Showering Facilities:

 

1)         Camp cars used to house employees shall include 2 showers within each sleeping car.

 

2)         Shower floors shall be constructed of non-slippery materials. Floor drains shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be sealed. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash.

 

3)         An adequate supply of hot and cold running water shall be provided for showering purposes.  Facilities for heating water shall be provided.

 

d)         Camp Car Showers:

 

1)         Unless otherwise provided by agreement between a rail carrier and organized labor, body soap or other appropriate cleansing agent convenient to the showers shall be provided.

 

2)         Showers shall be provided with hot and cold water feeding a common discharge line.

 

3)         Unless otherwise provided by agreement between a rail carrier and organized labor, employees who use showers shall be provided with individual clean towels.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.140  Locker Rooms

 

a)         Locker rooms, except those in camp cars, shall have not less than 80 square feet of usable clear floor space for the first 10 employees, or fraction thereof, and for each additional employee not less than 4 additional square feet shall be added.  Employees, in this Section, refers to employees to whom lockers have been assigned.

 

b)         Necessary furniture, such as benches and tables, shall be provided.

 

c)         Locker rooms shall be properly lighted, heated and ventilated at all times.

 

d)         Space shall be configured with lockers and furniture, such as benches and tables, to ensure it functions for its intended purpose as a locker room.  This subsection may not be used to increase the floor space requirements of subsection (a). 

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.150  Lockers

 

a)         Individual lockers for employees shall be provided when requested by employees and deemed necessary by the Commission.

 

b)         Lockers shall be metal, not less than 15 inches wide, 18 inches deep and 72 inches high, exclusive of legs or other base. The lockers shall be equipped with a shelf and with not less than one clothes hook for each side or equivalent hanger bar, with sufficient openings in the door for purposes of ventilation.  Wooden or other type lockers in use prior to October 1, 1967 (the effective date of this Part) shall be deemed adequate, but shall not be replaced in kind.

 

c)         Camp cars used for housing employees shall provide individual lockers within each car for each occupant of a camp car.  Each locker within a camp car used for housing employees shall be of sufficient size to adequately afford storage of 5 working days worth of personal belongings and provisions. 

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.160  Dressing Rooms

 

a)         Where 6 or more women who are required to change clothing are employed at any one time, a dressing room shall be provided for their use.

 

b)         Where at least one but fewer than 6 women who are required to change clothing are employed and a dressing room is not provided, room space shall be provided, properly screened for privacy and made suitable for the use of women employees in lieu of a dressing room.

 

c)         Dressing rooms shall be conveniently located for the employees for whose use they are intended.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.170  Bunk Rooms, Camp Cars and Dormitories

 

a)         The walls, floor and ceilings of bunk rooms, camp cars and dormitories shall be so constructed as to provide protection from outside weather elements and to permit their being readily cleaned, and they shall be kept cleaned and in good repair.  Wood floors shall be raised above the ground sufficiently to allow air space beneath them.

 

b)         Ventilation shall be provided by windows opening directly to the outside air.

 

c)         During the period between May 1 and November 1, all outer doors and windows shall be equipped with screens.

 

d)         Adequate heating, cooling and ventilation shall be provided to maintain a temperature of at least 68°F and no greater than 78°F, or 20° below ambient, whichever is warmer, during normal hot weather.

e)         Lighting by windows and/or acceptable artificial illumination shall be provided.

 

f)         At least a 7-foot ceiling measured at the entrance to the camp car shall be provided.

 

g)         Each habitable room in a camp car shall be provided with adequate lighting.

 

h)         Every camp car shall be constructed in a manner that provides protection against the weather.

 

i)          All steps, entry ways, passageways and corridors providing normal entry to or between camp cars shall be constructed of durable weather resistant material and properly maintained.  Any broken or unsafe fixtures or components in need of repairs shall be repaired or replaced promptly.

 

j)          Floors shall be of smooth and tight construction and shall be kept in good repair.

 

k)         All living quarters shall be provided with windows, the total of which shall not be less than 10 percent of the floor area.  At least one-half of each window designed to be opened shall be so constructed that it can be opened for purposes of ventilation.  Durable opaque window coverings shall be provided to reduce the entrance of light during sleeping hours.

 

l)          All exterior openings shall be effectively screened with material that is equivalent to or finer than 16-mesh.  All screen doors shall be equipped with self-closing devices.

 

m)        In a facility where employees cook, live and sleep, a minimum of 90 square feet per person shall be provided.  Sanitary facilities shall be provided for storing and preparing food.

 

n)         In camp cars where meals are provided, adequate facilities to feed employees within a 60-minute period shall be provided.

 

o)         All heating, cooking, ventilation, air conditioning and water heating equipment shall be installed in accordance with applicable local regulations governing such installations.

 

p)         Every camp car shall be provided with equipment capable of maintaining a temperature of at least 68°F and no greater than 78°F, or 20° below ambient, whichever is warmer, during normal hot weather.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.180  Bunk Rooms or Dormitories

 

a)         Bunk rooms or dormitories shall be of such area to provide at least 50 square feet of floor space for each occupant.  At least a 7-foot ceiling shall be provided.  Except where double bunks are used, at least 30 square feet of floor space shall be provided for each person accommodated.

 

b)         Beds, cots or bunks and suitable storage facilities such as wall lockers or space for foot lockers for clothing and personal articles shall be provided in every room used for sleeping purposes.  Except where partitions are provided, beds or similar facilities shall be spaced not closer than 36 inches laterally (except in modular units that cannot be spaced closer than 30 inches) and 30 inches end to end, and shall be elevated at least 12 inches from the floor.  If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and end to end.  The minimum clear space between the lower and upper bunk shall be not less than 27 inches.  Triple-deck bunks shall not be used.  Where beds, bunks or cots are provided, they shall be equipped with proper mattresses.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.190  Camp Facilities

 

a)         Where camp cars, house trailers, outfit or bunk cars, modular units mounted on flat cars, or Pullman and/or passenger cars are furnished for housing or sleeping purposes, a maximum of 4 occupants shall be designated for each car.  A minimum of 80 square feet per occupant shall be afforded in each car.

 

b)         Adequate first aid kits shall be provided and maintained for employees housed in camp cars for emergency treatment of injured persons.  Each camp car shall contain a permanently wired smoke detector and carbon monoxide detector and a battery backup weather alert radio.  Each camp car shall also include emergency evacuation instructions pertinent to the camp location, along with directions to the closet medical treatment facility. 

 

c)         Camp cars occupied exclusively by individuals employed for the purpose of maintaining the right-of-way of a railroad shall be located as far as practical from where "switching or humping operations" of "placarded cars" occur, as described in 49 CFR 228.101(c)(3) and (c)(4), respectively.  Every reasonable effort shall be made to locate these camp cars at least one-half mile (2,640 feet) from where the switching or humping occurs.  In the event employees housed in camp cars located closer than one-half mile from where switching or humping of cars takes place are exposed to an unusual hazard at that location, the employees involved should be housed in other suitable accommodations.  An unusual hazard means an unsafe condition created by an occurrence other than normal switching or humping. 

 

d)         Sleeping quarters are not considered to be free of interruptions caused by noise under the control of the railroad if noise levels attributable to noise sources under the control of the  railroad exceed an Leq (8) value of 55 dB(A), with windows closed and exclusive of cooling, heating and ventilating equipment.

 

e)          A railroad shall, within 48 hours after notice of noncompliance with these requirements, fix the deficient conditions.  Where holidays or weekends intervene, the railroad shall fix the condition within 8 hours after the employees return to work.  In the event the conditions affect the safety or health of the employees, such as problems with water, cooling, heating, washing, bathing, toilet or eating facilities, the railroad shall provide alternative arrangements for housing and eating until the noncompliant condition is fixed.

 

f)          A railroad shall, within 2 business days after establishing a labor camp in a community or county, notify the local health department with jurisdiction where the labor camp is located and request and permit a health inspection.  Upon approval of the facilities, the inspecting health department shall issue a permit and collect a fee from the railroad that is sufficient to cover all costs associated with the inspection and processing of the permit.

 

g)         The employee representatives of each labor craft affected by the establishment of a railroad labor camp shall be notified by the railroad at the same time as the local health department.  The employee representatives shall be permitted to take part in the health inspection and shall be provided with a copy of the inspection report prepared by the local health department.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.200  Shelter

 

a)         When an employee works regularly at a location (other than a repair track) where shelter is not otherwise available, an employee requesting that shelter be provided shall contact his/her immediate supervisor, and the parties shall make a reasonably good faith effort to resolve the matter.

 

b)         If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request. 

 

c)         If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160.  Commission staff shall conduct a joint informal investigation with parties to determine whether shelter should be provided at the location. 

 

d)         If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.210  Lunch Rooms

 

a)         General Requirements:

 

1)         When a lunch room is provided by the company, it shall have adequate space and be adequately ventilated, reasonably heated, properly screened, provided with the necessary covered receptacles for the disposal of waste matter and be adequately furnished, provide a means to store and heat food in a sanitary manner, and shall be kept clean and in good care.

 

2)         When an employee seeks to have a lunch room provided at a stationary location or a stationary job site where one is otherwise not provided, and the employee is on duty with sufficient regularity for periods of time long enough to make a lunch room reasonably necessary, the employee shall contact his/her authorized employee representative and identify the specific location and reasons for the request.  If appropriate, the employee representative shall contact the railroad's representative and, within 5 days, the employees' representative and the railroad's representative shall jointly inspect the location.  After inspection, if the employee representative and the railroad representative do not agree on whether a lunch room should be provided, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160.  Commission staff shall conduct a joint informal investigation with the parties to determine whether a lunch room should be provided at that location.  If, following Commission staff's investigation, the matter remains unresolved a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.

 

b)         Camp Cars – Provision of Meals:

 

1)         When kitchen cars or other camp facilities for heated meals are furnished by the company, they shall be provided with adequate equipment for cooking and refrigeration.

 

2)         In lunch rooms where food is served by the company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules and regulations of the Illinois Department of Public Health pertaining to public food establishments.

 

3)         Employees and workers handling and serving food in the lunch rooms described in subsection (b)(2) shall be subject generally to IDPH rules and regulations necessary to the sanitary handling of food.

 

4)         Concessionaire facilities provided by the company in lieu of direct company operations shall comply with this Part with respect to adequate space, adequate food handling facilities and cleanliness.

5)         In all camp cars, the food handling facilities shall be clean and sanitary.

 

6)         When separate kitchen and dining hall cars are provided, there shall be a closable door between the living or sleeping quarters into a kitchen or dining hall car.

 

c)         Camp Cars − Consumption of Food and Beverages on the Premises:

 

1)         This Section shall apply only where employees are permitted to consume

food or beverages.

 

2)         No employee shall be allowed to consume food or beverages in a toilet

room or in any area exposed to toxic material.

 

3)         All sewer lines and floor drains from camp cars shall be connected to public sewers where available and practicable, unless the cars are equipped with holding tanks that are emptied in a sanitary manner.

 

4)         An adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable or disposable materials shall be provided and used for the disposal of waste food.  Receptacles shall be provided with a solid tight fitting cover unless sanitary conditions can be maintained without the use of a cover.  The number, size and location of receptacles shall encourage their use and not result in overfilling.  They shall be emptied regularly and maintained in a clean and sanitary condition.

 

5)         No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material.

 

6)         In all places of employment where all or part of the food service is provided, the food dispensed shall be free from spoilage and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.220  Cabooses

 

a)         Cabooses or Rider Cars – Other Than Yard Cabooses:

            In addition to the requirements of the preceding Sections, cabooses or rider cars shall be subject to the following requirements:

1)         They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F. from October 1 to May 15.  A sufficient amount of fuel will be available for each trip or shift.

2)         Their windows and doors shall be weather-stripped during cold weather and from May 1 to October 15 all caboose windows (except cupola windows) and doors shall be equipped with screens where cabooses are used as sleeping quarters by crews laying over at away-from-home terminals.

3)         They shall be maintained in a clean and sanitary condition.

4)         They shall be lighted by electricity or other acceptable means so as to furnish at least five-foot candles of reasonably steady illumination at desk top level whenever employees are required to perform clerical work.

b)         Cabooses or Rider Cars – Other Than Those Used in Road Service:

            In addition to the requirements of the preceding Sections, cabooses or rider cars shall be subject to the following requirements:

1)         They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F. from October 1 to May 15.  Sufficient fuel for each trip or shift shall be available.

2)         Their windows and doors shall be weather-stripped as required by the season of the year.

3)         Windows on all cabooses shall be washed at reasonable intervals.

4)         They shall be maintained in a clean and sanitary condition.

 

Section 1545.230  Cleanliness and Maintenance

 

a)         Frequency of regular and thorough cleaning will be determined in each case by the amount of traffic; in all instances, the frequency of cleaning shall be adequate.

 

b)         Toilets, showers and washrooms shall not be used for storage.  Fixtures are to be maintained in proper working order at all times.

 

c)         Floors shall be maintained in a clean and, so far as practicable, dry condition at all times.  Where wet processes are used, drainage shall be maintained and false floors, platforms, mats or other dry standing places shall be provided whenever practicable.

 

d)         All camp cars shall be kept clean to the extent that the nature of the work allows.

 

e)         To facilitate cleaning, every floor, working place and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings.

 

f)         All sweepings, solid or liquid waste, refuse and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain a sanitary condition.

 

g)         Any exterior receptacle used for putrescible solid or liquid waste shall be constructed so as to not leak and shall be thoroughly cleaned and maintained in a sanitary condition.  Any exterior receptacle used for putrescible solid or liquid waste shall be equipped with a tight fitting cover, unless it can be maintained in a sanitary condition without a cover.

 

h)         Camp cars shall be constructed, equipped and maintained as reasonably practicable to prevent the entrance or harborage of rodents, insects or other vermin.  An extermination program shall be instituted, if rodents, insects or vermin are detected.

 

i)          Floors shall be of smooth and tight construction and shall be kept in good repair.

 

j)          Rail carriers and their employees share the obligation to keep the facilities clean and in good care.  This shall be construed to mean that rail carriers are responsible for the regular and thorough cleaning of all employee facilities, while employees shall use good housekeeping practices.

 

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)

 

Section 1545.300  General Rules

 

In all proceedings arising out of the construction or application of this Part, the Rules of Practice of the Commission, 83 Ill. Adm. Code 200, shall apply.

 

(Source:  Amended at 11 Ill. Reg. 15053, effective October 1, 1987)

 

Section 1545.310  Waiver

 

A rail carrier may petition the Commission for a waiver of any provision of this Part pursuant to Section 18c-7403 of the Illinois Commercial Transportation Law by providing written notice stating the specific burdens of complying with a particular provision.

 

(Source:  Added at 33 Ill. Reg. 13802, effective October 1, 2009)