Rep. Eddie Washington

Filed: 4/6/2005





09400HB2449ham001 LRB094 06680 DRH 44377 a


2     AMENDMENT NO. ______. Amend House Bill 2449 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the
5 Railroad Employees Medical Treatment Act.
6     Section 5. Definition. As used in this Act:
7     "Discipline" means to bring charges against in a
8 disciplinary proceeding, suspend, terminate, or make a note of
9 reprimand on an employee's record.
10     Section 10. Railroad employee access to first aid or
11 medical treatment.
12     (a) A railroad shall make a good faith effort to provide
13 prompt medical attention for a railroad employee who is injured
14 in the course of his or her employment.
15     (b) It is unlawful for a railroad or person employed by a
16 railroad to:
17         (1) deny, delay, or interfere with medical treatment or
18     first aid treatment to an employee of that railroad who has
19     been injured during employment; or
20         (2) discipline or threaten discipline to an employee of
21     a railroad who has been injured during employment for (i)
22     requesting medical or first aid treatment or (ii) following
23     the orders or treatment plan of his or her treating



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1     physician.
2     (c) Nothing in this Section shall be construed to require a
3 railroad or railroad employee to perform first aid or medical
4 care.
5     (d) This Section does not prevent an employer from:
6         (1) noting in an employee's record that an injury
7     occurred; or
8         (2) offering light duty or an alternate work assignment
9     to an injured employee if the light duty or alternate work
10     assignment does not conflict with the orders or treatment
11     plan of the employee's treating physician.
12     (e) A violation of this Section is a business offense and
13 punishable by a fine of not more than $10,000 for each
14 violation.".