12 2 STA T .4893PUBLIC LA W 11 0– 432 —O CT. 1 6, 2008 orf or fo l lo wing or de r s or at reat m ent p lan of a treating p hy si -c ian , e x cept that a railroad carrier ’ s ref u sal to permit an employee to return to wor k following medical treatment shall not b e considered a v iolation of this section if the refusal is pursuant to F ederal R ailroad A dministration medical stand- ards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier’s medical stand- ards for fitness for duty . For purposes of this paragraph, the term ‘ discipline’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on proba- tion, or make note of reprimand on an employee’s record.’’. ( b )CONF O RMI N G AM E N D MEN TS . —S ection 201 0 9 is amended— (1) in subsection (d), as redesignated by subsection (a) of this section— (A) by striking ‘‘(a) or (b)’’ in paragraph (1) and inserting ‘‘(a), (b), or (c)’’
( B ) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) and inserting ‘‘(d)(1)’’; (C) by striking ‘‘(a) or (b)’’ in paragraph (2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and (2) in subsection (e), as so redesignated— (A) by striking ‘‘(c)’’ in paragraph (1) and inserting ‘‘(d)’’; (B) by striking ‘‘(c)’’ in paragraph (2) and inserting ‘‘(d)’’; (C) by striking ‘‘(c)( 3 )’’ in paragraph (2) and inserting ‘‘(d)(3)’’; and ( D ) by striking ‘‘(c)’’ in paragraph (3) and inserting ‘‘(d)’’. SEC.420 .E MPLOY EE SLEEP INGQUART ERS. Section 2110 6 is amended— (1) by inserting ‘‘(a) I N G ENER AL .—’’ before ‘‘A railroad carrier’’; (2) by striking ‘‘sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;’’ in paragraph (1) and inserting ‘‘sanitary, give those employees and individ- uals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;’’; and (3) by adding at the end the following
‘‘(b) CAM P CARS.— N ot later than December 31, 2009, any rail- road carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a). ‘‘(c) REG U LATIONS.—Not later than April 1, 2010, the Secretary of T ransportation, in coordination with the Secretary of L abor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall re q uire that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section. ‘‘(d) COMPLIAN C E AND E NFORCEMENT.—The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced Deadlin e s. Deadline. 49USC201 09.
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