AB614,3,62 192.31 (3) After December 31, 1993, no overhead structure shall be constructed
3or reconstructed, not including ordinary repairs necessary for maintenance, which
4shall have a vertical clearance of less than 23 feet above the top of rail, except as
5provided in sub. (4). After the effective date of this subsection .... [LRB inserts date],
6overhead structure shall include wires.

AB614,3,9 8192.51 Railroad walkways. (1) In this section, "frequently work" means to
9work at least 3 days per week, one shift per day.

AB614,3,12 10(2) Railroad companies shall provide walkways adjacent to those portions of
11yard tracks where railroad company employees frequently work on the ground
12performing switching activities.

AB614,3,13 13(3) Walkways required under sub. (2) shall satisfy all of the following:

AB614,4,6

---

1(a) Be surfaced with asphalt, concrete, planking, grating, native material,
2crushed material, or other similar material. If crushed material is used, 100 percent
3of the material shall be capable of passing through a 1.5 inch square sieve opening
4and at least 90 percent of the material shall be capable of passing through a one inch
5square sieve opening, except that a de minimus variation is permissible if the
6railroad company has made a good faith effort to comply with these requirements.

AB614,4,77 (b) Have a reasonably uniform surface and be maintained in a safe condition.

AB614,4,88 (c) Be at least 2 feet wide.

AB614,4,109 (d) Be kept reasonably clear of spilled fuel, oil, sand, posts, and other hazards
10or obstructions.

AB614,4,1211 (e) For walkways having cross slopes, have cross slopes not exceeding one inch
12of elevation for each 8 inches of horizontal length in any direction.

AB614,4,14 13(4) (a) Railroad companies are not required to comply with subs. (2) and (3)
14during any of the following:

AB614,4,1515 1. Maintenance activities.

AB614,4,1616 2. Emergencies.

AB614,4,1917 3. Any period, after an occurrence identified in subd. 1. or 2., reasonably
18necessary to allow the railroad company to return to compliance with subs. (2) and
19(3).

AB614,4,2520 (b) Upon written application by a railroad company, the office may, after a
21hearing in the manner provided in ss. 195.04 to 195.043, waive any portion of sub.
22(2) or (3) if the office finds that conditions do not reasonably allow compliance by the
23railroad company with subs. (2) and (3). If the office waives any portion of sub. (2)
24or (3), the findings and order of the office shall set forth, in writing, the grounds for
25the waiver and each specific provision of subs. (2) and (3) being waived.

AB614,5,3

---

1(5) (a) Except as provided in pars. (b) and (c), this section applies to new
2construction and reconstruction of yard track completed after the effective date of
3this paragraph .... [LRB inserts date].

AB614,5,64 (b) This section does not apply to a railroad company that owns or operates
5track in this state other than class one and class two rail carriers as classified by the
6federal surface transportation board.

AB614,5,197 (c) 1. If the office finds that railroad company employees who frequently work
8adjacent to a portion of track performing switching activities are exposed to safety
9hazards due to the lack of a walkway or to the condition of a walkway constructed
10on or before the effective date of this paragraph .... [LRB inserts date], the office may
11order a railroad company to construct a walkway adjacent to a portion of track where
12employees are performing switching activities, or require a railroad company to
13modify an existing walkway in conformity with the standards set forth in sub. (3),
14within a reasonable period of time. Before the office may enter an order under this
15paragraph, the office shall give notice to the railroad company and hold a hearing in
16the manner provided in ss. 195.04 to 195.043. After the hearing, the office shall
17determine what walkway construction or modification, if any, shall be made. The
18expense of any walkway construction or modification shall be borne by the railroad
19company.

AB614,5,2321 192.53 (5e) (a) After the effective date of this paragraph .... [LRB inserts date],
22except as provided in par. (b), no railroad company may construct or reconstruct, not
23including ordinary repairs necessary for maintenance, any of the following:

AB614,6,3

---

11. Any railroad track used for moving cars engaged in the movement of traffic
2the center line of which is within 14 feet from the center line of any other parallel
3track to which it adjoins.

AB614,6,54 2. Any ladder track closer than 19 feet to an adjacent ladder track, as measured
5from the center line of each track.

AB614,6,76 3. Any ladder track closer than 17 feet to any other parallel track, as measured
7from the center line of each track.

AB614,6,108 (b) The distance under par. (a) between tracks may be diminished or closed up
9a necessary distance for track intersections, gauntlet tracks, turnouts, or switch
10points.

AB614,6,18 11(5m) No railroad company may permit the space between or beside any
12railroad tracks that is ordinarily used by employees in the discharge of their duties
13and that is within 8 feet 6 inches of the center line of the track to become or remain
14obstructed by a foreign obstacle that will interfere with the work of the employees
15or subject the employees to any unnecessary hazard. This space between or beside
16the tracks and between the rails of the tracks shall be kept in such a condition as to
17permit the employees to pass over or between the tracks or to use the space day or
18night and under all weather conditions without any unnecessary hazard.

AB614,6,24 19(5s) An employee of a railroad company who is injured by or because of the
20existence of any structure or material within a distance from tracks that is less than
21that required by this section shall not be considered to have assumed the risk of the
22injury, although the employee continues in the employ of the railroad company after
23the existence of the structure or material has been brought to the employee's
24knowledge.

AB614,7,3

---

1192.55 (8) Any railroad company that violates s. 192.51 or that fails, neglects,
2or refuses to obey any lawful order made by the office under s. 192.51 shall forfeit
3$500 for each violation.