Subdivision 1. Duty to provide walkways. (a) Rail carriers must provide walkways adjacent to those portions of yard tracks where rail carrier employees frequently work on the ground performing switching activities. For purposes of this section, "frequently work" means at least five days per week, one shift per day.
(b) This section applies to reconstruction and new construction of yard track completed after July 1, 2008.
(c) This section does not apply to an entity that owns or operates track in this state other than class one and class two rail carriers as classified by the Federal Railroad Administration.
Subd. 2. General requirements. (a) Walkways constructed pursuant to this section may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar nonrevenue material. When crushed material is used, 100 percent of the material must be capable of passing through a 1-1/2-inch square sieve opening, and at least 90 percent of the material must be capable of passing through a one-inch square sieve opening provided, however, a de minimus variation is not a violation of this section where the rail carrier has made a good-faith effort to comply with the percentage requirements. Smaller crushed material is preferable, where drainage and durability issues do not arise. Material that is three-quarter inch or less in size is recommended for switching lead tracks.
(b) Walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage.
(c) Cross slopes for walkways must not exceed one inch of elevation for each eight inches of horizontal length in any direction.
(d) Walkways must be a minimum width of two feet.
(e) Walkways regulated under this section must be kept reasonably clear of spilled fuel, oil, sand, posts, rocks, and other hazards or obstructions.
Subd. 3. Allowances for unusual conditions. Rail carriers are not required to comply with the requirements of this section during (1) maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts, and similar weather or seismic conditions, and (2) during a reasonable period after any occurrences identified in clause (1) in order to allow a return to compliance.
Subd. 4. Waiver of requirements. Upon written request of a rail carrier, the commissioner may waive any portion of this section where conditions do not reasonably allow compliance. A decision of the commissioner is subject to the requirements under section 218.041.
2008 c 350 art 2 s 1
Structure Minnesota Statutes
Chapter 219 — Railroad Safety And Employment
Section 219.01 — Track Safety Standards; Safety Technology Grants.
Section 219.015 — State Rail Safety Inspector.
Section 219.016 — Hazardous Materials Rail Safety.
Section 219.06 — Signs At Crossings.
Section 219.071 — Maintenance Of Grade-crossing Surfaces.
Section 219.072 — Establishment Of New Grade Crossings.
Section 219.073 — Commissioner's Rules On Grade Crossings.
Section 219.074 — Grade Crossing Change, Vacation.
Section 219.08 — Crossings; Changing Grade Of Approaches.
Section 219.09 — Multiple Tracks Across Road; Railroad Duty.
Section 219.10 — Penalty For Violation.
Section 219.13 — Farm Crossing.
Section 219.14 — Railroad Crossing Protected.
Section 219.16 — Grade Crossing Defined.
Section 219.165 — Safety Rules For Private Railroad Grade Crossing.
Section 219.1651 — Grade Crossing Safety Account.
Section 219.166 — Establishment Of Quiet Zones.
Section 219.17 — Uniform Warning Signs.
Section 219.18 — Railroad To Erect Sign.
Section 219.19 — Additional Warning Sign.
Section 219.20 — Stop Sign; Yield Sign.
Section 219.22 — Stop, Look, And Listen.
Section 219.23 — Crossing Guard.
Section 219.24 — Additional Safeguard.
Section 219.26 — Protective Crossing Device; Uniformity.
Section 219.29 — Prohibited Sign.
Section 219.30 — Injuring, Destroying Sign.
Section 219.31 — Building Fence And Cattle Guard.
Section 219.32 — Failure To Fence; Liability And Damages.
Section 219.33 — Fence, Crossing, Cattle Guard; Landowner Recourse.
Section 219.34 — Fence Between Railroad And Public Road.
Section 219.35 — Crossing And Drain.
Section 219.36 — Gate At Farm Crossing.
Section 219.37 — Ditch And Culvert.
Section 219.375 — Railroad Yard Lighting.
Section 219.383 — Safe Operation Of Train Over Road; Penalty.
Section 219.384 — Removal Of Dangerous Obstruction.
Section 219.39 — Dangerous Crossing; Complaint, Hearing.
Section 219.40 — Dangerous Crossing Determination Procedures And Remedies.
Section 219.402 — Adequate Crossing Protection.
Section 219.403 — Applicability To Local Laws.
Section 219.41 — Appeal; Order Enforcement.
Section 219.42 — Failure To Comply; Penalty.
Section 219.44 — Charter Powers Not Abridged.
Section 219.445 — Southern Rail Corridor Improvement Plan.
Section 219.45 — Applicability.
Section 219.46 — Unlawful Structure; Clearance.
Section 219.47 — Clearance Exceptions.
Section 219.50 — Obstructing Space Between Tracks.
Section 219.501 — Rail Carrier Walkways.
Section 219.51 — Violations And Penalties.
Section 219.52 — Warning Sign; Reporting Clearance Violations.
Section 219.53 — Contributory Negligence.
Section 219.54 — Freight Platform.
Section 219.551 — Locomotive; Water And Toilet Facility.
Section 219.561 — Track Motor Car; Equipment.
Section 219.567 — Failure To Ring Bell.
Section 219.568 — Other Violations Of Duty.
Section 219.57 — Prevention Of Fire.
Section 219.64 — Assumption Of Risk; Contributory Negligence.
Section 219.661 — Speedometer; Legislative Findings.
Section 219.662 — Speedometer Required; Reports.
Section 219.753 — Crane On Tracks; Detector; Misdemeanor.
Section 219.76 — Damage Caused By Train Or Contents; Insurable Interest.
Section 219.761 — Response To Train-related Fire Or Other Emergency; Reimbursement.
Section 219.77 — Railroad Employer Liability.
Section 219.79 — Contributory Negligence Does Not Bar Recovery.
Section 219.80 — Assumption Of Risk No Defense.
Section 219.81 — Contrary Contract Declared Void.
Section 219.815 — Employer Includes Receiver.
Section 219.82 — Survival Of Right Of Action.
Section 219.83 — Limitation Of Action.
Section 219.93 — Stopping Train At Crossing.
Section 219.97 — Violations; Penalties.
Section 219.98 — Fees For Applying For Order.
Section 219.99 — Railroad Prairie Right-of-way; Best Management Practices.