Page:United States Statutes at Large Volume 121.djvu/466

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[121 STAT. 445]
[121 STAT. 445]
PUBLIC LAW 110-000—MMMM. DD, 2007

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 445

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‘‘(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or ‘‘(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct; ‘‘(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security; ‘‘(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding; ‘‘(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee; ‘‘(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; ‘‘(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or ‘‘(7) to accurately report hours on duty pursuant to chapter 211. ‘‘(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A railroad carrier engaged in interstate or foreign commerce, or an officer or employee of such a railroad carrier, shall not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee for— ‘‘(A) reporting, in good faith, a hazardous safety or security condition; ‘‘(B) refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee’s duties, if the conditions described in paragraph (2) exist; or ‘‘(C) refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) exist. ‘‘(2) A refusal is protected under paragraph (1)(B) and (C) 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 without such refusal; and ‘‘(C) the employee, where possible, has notified the railroad carrier of the existence of the hazardous condition and the

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