N.Y. Railroad Law § 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.