Page:United States Statutes at Large Volume 122.djvu/4878

 12 2 STA T .485 5 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 technol o gi e s, incl ud ing pr ocessor -ba sed technologies, positi v e train control s y ste m s ( as de f ined in section 20157 (i ) ), electroni- cally controlled pneumatic bra k es, rail integrity inspection sys- tems, rail integrity w arning systems, switch position monitors and indicators, trespasser prevention technology, highway-rail grade crossing technology, and other new or novel railroad safety technology, as appropriate, that may mitigate risks to railroad safety identified in the risk analysis re q uired by sub- section (c) .‘ ‘( 3 ) IMPLE ME NTA T IO N SCH E DU LE. —A railroad carrier ’ s tech- nology implementation plan shall contain a prioriti z ed implementation schedule for the development, adoption, implementation, and use of current, new, or novel technologies on its system to reduce safety risks identified under the railroad safety risk reduction program. ‘‘( 4 ) P OSITI V ET R AIN CONTROL.— Ex cept as required by sec- tion 20157 (relating to the requirements for implementation of positive train control systems), the S ecretary shall ensure that— ‘‘(A) each railroad carrier’s technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system com- plies with that schedule and ‘‘( B ) each railroad carrier required to submit such a plan implements a positive train control system pursuant to such plan by D ecember 31, 201 8 . ‘‘(f) F ATI G UE M ANAGEMENT PLAN.— ‘‘(1) IN GENERAL.—As part of its railroad safety risk reduc- tion program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop and update at least once every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of accidents, incidents, in j uries, and fatalities caused by fatigue. Any such update shall be subject to review and approval by the Secretary. ‘‘(2) T ARGETED F ATIGUE COUNTERMEASURES.—A railroad carrier’s fatigue management plan shall take into account the varying circumstances of operations by the railroad on different parts of its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances. ‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall consider the need to include in its fatigue management plan elements addressing each of the following items, as applicable

‘‘(A) Employee education and training on the physio- logical and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific and medical research and literature. ‘‘(B) O pportunities for identification, diagnosis, and treatment of any medical condition that may affect alert- ness or fatigue, including sleep disorders. ‘‘( C ) Effects on employee fatigue of an employee’s short- term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions. Deadlin e . Deadline.

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