This text of New York § 52-D (Debris to be cleared) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 52-d. Debris to be cleared. Every railroad shall maintain and keep\nclear of debris the margins alongside their yard tracks used for\nswitching operations where railroad employees are required to walk in\nthe course of their duties. Such margins constitute the area between the\nends of the ties and a distance of nine feet on either side of the\ncenter line of any track in any yard. In addition, each railroad shall\nkeep the area around any switch in any such yard, clear of debris for a\ndistance of nine feet on either side of the center line of any tracks\nwherein any such switch is located. Such debris shall include but not be\nlimited to used or discarded brake shoes, air hoses, railroad ties, or\nportions thereof, parts of railroad cars or locomotives, lumber and oil,\ngrease or was
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§ 52-d. Debris to be cleared. Every railroad shall maintain and keep\nclear of debris the margins alongside their yard tracks used for\nswitching operations where railroad employees are required to walk in\nthe course of their duties. Such margins constitute the area between the\nends of the ties and a distance of nine feet on either side of the\ncenter line of any track in any yard. In addition, each railroad shall\nkeep the area around any switch in any such yard, clear of debris for a\ndistance of nine feet on either side of the center line of any tracks\nwherein any such switch is located. Such debris shall include but not be\nlimited to used or discarded brake shoes, air hoses, railroad ties, or\nportions thereof, parts of railroad cars or locomotives, lumber and oil,\ngrease or waste of any type. Debris does not include track materials\nbeing placed on or removed from tracks under maintenance or replacement\nprograms concerning which the railroad has notified its employees of the\npresence and location of such materials.\n Upon the filing by a recognized railroad labor representative, as\ndefined by the railway labor act, of a written, verified complaint with\nthe railroad superintendent of the division involved and with the\ndepartment of transportation, designating the nature of the debris and\nthe particular area or location where any of the above described debris\nhas existed for a period of at least seventy-two hours. Upon receipt of\nsuch verified complaint the superintendent of the division shall advise\nthe complainant as well as the department of transportation within ten\ndays as to the specific remedies or actions said superintendent intends\nto take to resolve the complaint. If the superintendent takes issue or\ndisagrees with the verified complaint filed by the designated railroad\nlabor representative he shall within ten days so notify said\nrepresentative and the department of transportation. The department of\ntransportation shall be allowed a period of fifteen days to determine\nthe veracity of said complaint. If the complaint proves to be correct as\nverified by the department of transportation inspector the department of\ntransportation shall then issue appropriate orders to the railroad\nspecifying that the conditions be rectified within ten days. At the end\nof the tenth day if the conditions still persist the department of\ntransportation shall be empowered to fine the railroad the sum of fifty\ndollars per day until such time as the complaint has been rectified.\n