12 2 STA T .48 88 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 (b)PLANREQUIR E M EN TS.—Eachsu ch pl a n shall i nclu de p rov i - sions f or— ( 1 ) relievin g ane m plo y ee w ho was involved in a cri t ical incident of his or her duties for the balance of the duty tour , following any actions necessary for the safety of persons and contemporaneous documentation of the incident
( 2 ) upon the employee ’ sre q uest, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contempora- neous documentation of the incident; and ( 3 ) providing such leave from normal duties as may be necessary and reasonable to receive preventive services, treat- ment, or both, related to the incident. (c) S E C RETAR YTOD E F INE WH AT C ONSTITUTES A CRITICAL I NCI D ENT.—Within 3 0 days after the date of enactment of this Act, the Secretary shall initiate a rulema k ing proceeding to define the term ‘ ‘critical incident’’ for the purposes of this section. SEC.41 1. RAIL R O A D CARRIER E MP LO Y EEE X POS U RE T O RADIATIO N STUDY. (a) STUDY.—The Secretary of Transportation shall, in consulta- tion with the Secretary of Energy, the Secretary of L abor, the Administrator of the Environmental Protection Agency, and the Chairman of the N uclear Regulatory Commission, as appropriate, conduct a study of the potential ha z ards to which employees of railroad carriers and railroad contractors or subcontractors are e x posed during the transportation of high-level radioactive waste and spent nuclear fuel (as defined in section 5 101(a) of title 49 , U nited States Code), supplementing the report submitted under section 5101(b) of that title, which may include— (1) an analysis of the potential application of ‘‘as low as reasonably achievable’’ principles for exposure to radiation to such employees with an emphasis on the need for special protec- tion from radiation exposure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy; (2) the feasibility of requiring real-time dosimetry moni- toring for such employees; (3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; and (4) a review of the effectiveness of the Department’s pack- aging requirements for radioactive materials. (b) RE P ORT.—Not later than 1 8 months after the date of enact- ment of this Act, the Secretary of Transportation shall transmit a report on the results of the study required by subsection (a) and any recommendations to further protect employees of a railroad carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation during the transportation of high-level radioactive waste and spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the H ouse of Representatives Committee on Transportation and Infra- structure. (c) RE G ULATORY AUTHORITY.—The Secretary of Transportation may issue regulations that the Secretary determines appropriate, pursuant to the report required by subsection (b), to protect railroad 49USC5103note.D e adli ne. R e gu lation s .
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