Page:United States Statutes at Large Volume 108 Part 2.djvu/151

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 867 requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28. § 20108. Research, development, testing, and training (a) GENERAL. — The Secretary of Transportation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety. (b) CONTRACTS. — To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of railroad safety found to need prompt attention). (c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING SAFETY EMPLOYEES. — The Secretary may request, receive, and expend amounts received from non-United States Government sources for expenses incurred in training safety employees of private industry. State and local authorities, or other public authorities, except State rail safety inspectors participating in training under section 20105 of this title. §20109. Employee protections (a) FILING COMPLAINTS AND TESTIFYING.— A railroad carrier engaged in interstate or foreign commerce may not discharge or in any way discriminate against an employee because the employee, whether acting for the employee or as a representative, has— (1) filed a complaint or brought or caused to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety, chapter 51 or 57 of this title; or (2) testified or will testify in that proceeding. (b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.— (1) A railroad carrier engaged in interstate or foreign commerce may not discharge or in any way discriminate against an employee for refusing to work when confronted by a hazardous condition related to the performance of the employee's duties, if— (A) the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee; (B) a reasonable individual in the circumstances then confronting the employee would conclude that— (i) the hazardous condition presents an imminent danger of death or serious injury; and (ii) the urgency of the situation does not allow sufficient time to eliminate the danger through regular statutory means; and (C) the employee, where possible, has notified the carrier of the hazardous condition and the intention not to perform further work unless the condition is corrected immediately. (2) This subsection does not apply to security personnel employed by a carrier to protect individuals and property transported by railroad. (c) DISPUTE RESOLUTION.— ^A dispute, grievance, or claim arising under this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National Railroad Adjustment Board, a division or delegate of the Board, or another board of adjustment established under section 3 to resolve the dispute, grievance, or claim, the proceeding

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