N.Y. Railroad Law § 77-c: Sanitary conditions

§ 77-c. Sanitary conditions. 1. It shall be the duty of every railroad

corporation which operates a railroad within the state and whose annual

revenue derived exclusively from freight operations is ten million

dollars or more after applying the railroad revenue deflator formula set

forth in title 49 CFR, part 1201, subpart A, section 1-1, to: (a)

provide each locomotive used on such railroad for transportation or

occupancy by railroad crew with potable drinking water; (b) maintain the

toilet facilities provided on locomotives, so equipped, or cabooses, in

those instances in which cabooses are used, in a working and sanitary

condition; and (c) ensure that such toilet facility provides privacy to

the person using such facility.

2. For purposes of this section, the phrase "sanitary conditions"

shall mean a condition of good order and cleanliness.

3. The commissioner of transportation shall enforce the provisions of

this section and may issue such order or orders as may be necessary to

ensure compliance with such provisions.

4. Notice of violation of the provisions of this section shall be made

in verified written complaint by a recognized railroad labor

representative to the railroad superintendent of the division involved,

and a copy filed with the department of transportation. Upon receipt of

the complaint, the superintendent of the division shall advise the

complainant and the department of transportation within five days as to

the specific remedies taken or intended to be taken to resolve the

complaint. If the superintendent disputes the allegations contained in

the complaint, he, within five days of receipt, shall so notify the

complainant and the department of transportation. The department of

transportation shall be allowed a period of fifteen days to determine

the validity of the complaint.

5. If the department finds that the complaint is meritorious, the

department shall issue an appropriate order to the railroad specifying

the conditions to be rectified and the time period in which such action

shall be taken. If the railroad does not comply with the department's

order, the commissioner of transportation shall be empowered to fine the

railroad the sum of one hundred dollars for each day the violation

exists.