1.1                          A bill for an act 
  1.2             relating to employment; providing counseling services 
  1.3             and mandatory leave for certain railroad employees; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 181. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [181.301] [AFTER ACCIDENT COUNSELING.] 
  1.8      Subdivision 1.  [COUNSELING AND MANDATORY LEAVE.] Every 
  1.9   railroad company shall provide or make available to every member 
  1.10  of an operating or nonoperating crew involved in an accident on 
  1.11  its railroad right-of-way, which results in loss of life or 
  1.12  serious bodily injury, counseling services or other critical 
  1.13  incident stress debriefing services within 48 hours of the 
  1.14  accident.  The operating or nonoperating crew members involved 
  1.15  in the accident must be relieved from duty, with compensation 
  1.16  and applicable benefits, for at least three work days following 
  1.17  the accident.  
  1.18     Subd. 2.  [RETURN TO DUTY.] No crew member, as described in 
  1.19  subdivision 1, shall be required to return to duty until an 
  1.20  appropriate independent medical practitioner has determined that 
  1.21  the crew member does not suffer from posttraumatic stress 
  1.22  disorder or a similar medical condition. 
  1.23     Subd. 3.  [RULEMAKING AUTHORITY.] The commissioner of 
  1.24  transportation shall adopt rules necessary for the 
  1.25  implementation and enforcement of this section. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective the day following final enactment.