Agenda Date: September 23, 1998
Item Number:

Docket: TR-981101 

Company Name: Railroads - General

Staff:  Michael E. Rowswell, Rail Operations Manager

Recommendation:

Direct the Secretary to file a preproposal statement of inquiry in Docket 
TR-981101 to initiate review of the Commission’s clearance and sanitation rules 
codified in Chapters 480-60 and 
480-66 WAC.

Discussion:

This review is proposed to comply with Executive Order 97-02 and to meet a 
separately identified need for review.  The rules will be reviewed to determine 
whether they provide the results they were originally intended to achieve, 
whether they are written and organized in a clear and concise manner, and 
whether they are obsolete, duplicative, or in need of repeal.  Changes, 
deletions or additions will be proposed if they are found to be necessary after 
a thorough review. 

The sanitation rules are required by statute for the purpose of ensuring that 
railroad workers have a sanitary environment in which to work.  Many things 
have changed since the rules were enacted over 30 years ago.  Locomotive 
designs have changed, women have entered the work force, small short line 
railroads have emerged, the larger railroads have consolidated operations and 
closed many stations, technology may have provided better methods of achieving 
sanitary conditions, and research may have changed some of the assumptions 
underlying the current rules. As a result, it is very important that the 
sanitation rules be reviewed at this time.

Clearance rules were adopted to help make the work place safer for railroad 
employees who have to work on and around trains.  Some things have changed 
since the rules were enacted over 30 years ago.  Height clearance standards may 
not be necessary for worker safety because no one can ride atop moving trains 
anymore.  Switch mechanisms have changed making it necessary to determine 
whether clearances to switch devices need to be altered.  Spurs have been sold. 
Because we may not have jurisdiction over the private industries which own the 
spurs, indirect methods of ensuring safety may have to be explored.  Staff has 
enforced “rules” about safe walkways even though they exist only in a general 
and unofficial form.  The review will determine whether specific rules need to 
be adopted.

Participation of railroad unions and management will be essential to designing 
effective, clear and appropriate rules.  Private industries which own spurs 
over which railroads operate may also need to participate in the process.  As a 
result, staff will schedule workshops with broad notice to interested persons, 
inviting regulated railroads, unions and other interested parties to 
participate 

Docket TR-981101
September 23, 1998
Page 2


in the rulemaking process.  An initial workshop will be held November 9, 1998, 
to consider suggestions for changes to the rules.

Conclusion:

Based upon the Governor’s initiative and on an apparent need for review, staff 
recommends that the commission initiate the rulemaking process on the topics of 
sanitation and clearances by filing preproposal statements of inquiry.