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2007 SESSION

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076633752
SENATE BILL NO. 1423 Offered January 23, 2007 A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 32.1 an article numbered 6.1, consisting of sections numbered 32.1-211.1 through 32.1-211.4, relating to the regulation of mobile work camps. ---------- Patron-- Lucas ---------- Unanimous consent to introduce ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 6 of Title 32.1 an article numbered 6.1, consisting of sections numbered 32.1-211.1 through 32.1-211.4 as follows:

Article 6.1. Mobile Work Camps.

§ 32.1-211.1. Definitions.

As used in this article:

"Mobile camp" means a temporary location where at least two railroad maintenance of way employees are housed. "Mobile camp" does not include (i) a summer camp, campground, or hotel as defined in § 35.1-1 or (ii) housing which, in the ordinary course of business, is regularly offered to the general public on a commercial basis and is provided to any railroad maintenance of way employee on the same or comparable terms and conditions as provided to the general public.

"Railroad maintenance of way employee" means an employee of a railroad company who is engaged in the work of maintaining the railroad company's rights-of-way and appurtenant improvements and facilities in the Commonwealth.

§ 32.1-211.2. Duties of railroad companies.

A. Any 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 with the following:

1. Heat and air conditioning;

2. An adequate number of wash basins, showers, and inside toilets;

3. An adequate number of lockers for checking employees' clothing and personal belongings;

4. An adequate supply of potable water dispensed in a sanitary manner for drinking, bathing, cooking, and cleaning cooking utensils;

5. Floor space of at least:

a. Sixty square feet per resident for sleeping units using single beds; and

b. Eighty square feet per resident for sleeping units using double bunk beds.

B. Any railroad company that houses maintenance of way employees in a mobile camp shall:

1. Not later than two 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

2. Request and permit inspection by an authorized representative of the local health department to ensure the conditions of the mobile camp, including any outfit cars, camp cars, or trailers, are sanitary and healthful for the:

a. Maintenance of way employees; and

b. The local community.

C. A railroad company shall locate and maintain a mobile camp described in subsection A in a safe and healthy environment.

§ 32.1-211.3. Regulations governing mobile camps; inspection fee.

A. The Board shall adopt regulations governing the sanitary conditions, operation, and facilities of mobile camps.

B. The regulations adopted under subsection A shall:

1. Be enforced by the applicable local health department;

2. Include a requirement for an inspection fee of $75 for an occupant capacity of each 50 individuals for an inspection of the sanitary conditions, operation, and facilities of a mobile camp, which fee shall be paid to the local health department before initiation of the inspection; 

3. Provide that officials of the local health department may conduct joint inspections of the mobile camp with the Commissioner or a union representative of each craft of employees working for the railroad company that is the subject of the inspection.

§ 32.1-211.4.

The Commissioner may institute proceedings to enjoin the operation of a mobile camp when the Commissioner determines that the mobile camp or the proposed operation thereof does not conform to or is in violation of any provision of this article or any applicable regulations.