12 2 STA T .4856PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 2008 ‘ ‘ (D)Schedulingpra c t ice sfo re m plo y ees , including inno v ative scheduling practices, on - duty call practices, w or k and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate sched- uling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss . ‘‘( E ) M ethods to minimi z e accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employees ’ circadian rhythm. ‘‘( F ) A lertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty. ‘‘( G ) O pportunities to o b tain restful sleep at lodging facilities, including employee sleeping q uarters provided by the railroad carrier. ‘‘( H ) T he increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents. ‘‘( I ) Avoidance of abrupt changes in rest cycles for employees. ‘‘( J ) Additional elements that the Secretary considers appropriate. ‘‘(g) CONSE NS U S. — ‘‘( 1 )IN G ENE RAL .—Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall consult with, employ good faith and use its best efforts to reach agreement with, all of its directly affected employees, including any non-profit employee labor organization rep- resenting a class or craft of directly affected employees of the railroad carrier, on the contents of the safety risk reduction program. ‘‘( 2 )S T ATE M ENT.—If the railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, cannot reach consensus on the proposed contents of the plan, then directly affected employees and such organization may file a statement with the Secretary e x plaining their views on the plan on which consensus was not reached. The Secretary shall consider such views during review and approval of the program. ‘‘(h) EN F OR C EMENT.—The Secretary shall have the authority to assess civil penalties pursuant to chapter 21 3 for a violation of this section, including the failure to submit, certify, or comply with a safety risk reduction program, risk mitigation plan, tech- nology implementation plan, or fatigue management plan.’’. (b) CONFORM I NG AMEN D MENT.—The chapter analysis for chapter 2 0 1 is amended by inserting after the item relating to section 201 5 5 the following
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‘ 20156.Railro a ds a fety ris k red uc tio np ro g ra m . ’ ’. SEC.104 . IMPL EME NTA TI O NO F POSITI V ET R AIN CONTROL. (a) IN GENERAL.—Subchapter II of chapter 201, as amended by section 103 of this division, is further amended by adding at the end thereof the following: Consulta t i on .
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