New York Laws
Article 3 - Construction, Operation and Management
52-D - Debris to Be Cleared.

§ 52-d. Debris to be cleared. Every railroad shall maintain and keep
clear of debris the margins alongside their yard tracks used for
switching operations where railroad employees are required to walk in
the course of their duties. Such margins constitute the area between the
ends of the ties and a distance of nine feet on either side of the
center line of any track in any yard. In addition, each railroad shall
keep the area around any switch in any such yard, clear of debris for a
distance of nine feet on either side of the center line of any tracks
wherein any such switch is located. Such debris shall include but not be
limited to used or discarded brake shoes, air hoses, railroad ties, or
portions thereof, parts of railroad cars or locomotives, lumber and oil,
grease or waste of any type. Debris does not include track materials
being placed on or removed from tracks under maintenance or replacement
programs concerning which the railroad has notified its employees of the
presence and location of such materials.

Upon the filing by a recognized railroad labor representative, as
defined by the railway labor act, of a written, verified complaint with
the railroad superintendent of the division involved and with the
department of transportation, designating the nature of the debris and
the particular area or location where any of the above described debris
has existed for a period of at least seventy-two hours. Upon receipt of
such verified complaint the superintendent of the division shall advise
the complainant as well as the department of transportation within ten
days as to the specific remedies or actions said superintendent intends
to take to resolve the complaint. If the superintendent takes issue or
disagrees with the verified complaint filed by the designated railroad
labor representative he shall within ten days so notify said
representative and the department of transportation. The department of
transportation shall be allowed a period of fifteen days to determine
the veracity of said complaint. If the complaint proves to be correct as
verified by the department of transportation inspector the department of
transportation shall then issue appropriate orders to the railroad
specifying that the conditions be rectified within ten days. At the end
of the tenth day if the conditions still persist the department of
transportation shall be empowered to fine the railroad the sum of fifty
dollars per day until such time as the complaint has been rectified.

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