Page:United States Statutes at Large Volume 122.djvu/4915

 12 2 STA T .489 2 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ §20167.Railro a ds a fety i n frastr uc ture i mp ro v ement g rants ‘ ‘ (a)GRANTP R OG RA M.—TheS e cr e t ar yof Tra nsp ortat i on sha l l esta b lish a g rant progra m for safety impro v ements to railroa d infra - str u cture , including the ac q uisition, improvement, or rehabilitation of intermodal or rail equipment or facilities, including trac k , bridges, tunnels, yards, buildings, passenger stations, facilities, and mainte- nance and repair shops. ‘‘(b) ELI GI B ILIT Y .—Grants shall be made under this section to eligible passenger and freight railroad carriers, and State and local governments for pro j ects described in subsection (a). Grants shall also be made available to assist a State or political subdivision thereof in establishing a quiet z one pursuant to part 2 22 of title 49, C ode of F ederal R egulations. ‘‘(c) CON S I DE RATIONS.— I na w arding grants, the Secretary shall consider, at a minimum— ‘‘( 1 ) the age and condition of the rail infrastructure of the applicant ‘‘(2) the railroad carrier ’ s safety record, including accident and incident numbers and rates; ‘‘( 3 ) the volume of hazardous materials transported by the railroad; ‘‘(4) the operation of passenger trains over the railroad; and ‘‘( 5 ) whether the railroad carrier has submitted a railroad safety risk reduction program, as required by section 2 0 15 6 . ‘‘(d) M AT CH ING RE QU IREMENTS.—Federal funds for any eligible project under this section shall not e x ceed 50 percent of the total cost of such project. ‘‘(e) A UTHORI Z ATION O F A P PROPRIATIONS.—There are authorized to be appropriated to the Secretary of Transportation $ 5,000,000 for each of fiscal years 2010 through 2013 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.’’. (b) CONFORMING AMENDMENT.—The chapter analysis for chapter 201, as amended by section 413 of this division, is amended by inserting after the item relating to section 20166 the following

‘ 20167.Railro a ds a fety i n frastr uc ture i mp ro v ement g rants. ’ ’. SEC.419 . PROM P T ME DI C AL ATTE N TION. (a) IN GENERAL.—Section 20109 is amended— (1) by redesignating subsections (c) through (i) as sub- sections (d) through (j), respectively; and (2) by inserting after subsection (b) the following: ‘‘(c) PROMPT MEDICAL ATTENTION.— ‘‘(1) PROHIBITION.—A railroad carrier or person covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care. ‘‘(2) D ISCIPLINE.—A railroad carrier or person covered under this section may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, 49USC201 09.

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