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HB 851

Enact the Paul Payne Safe Zone Act

136th Legislature (2025-2026) Introduced by Darnell Brewer and 7 co-sponsors

Creates formal Safe Zones around railroad tracks with defined clearance, obligating railroads to keep zones obstruction-free and enabling PUC inspections and penalties for noncompl

Referred to committee
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Bill Summary · HB 851

Bill overview

  • Bill: HB 851
  • Session/Jurisdiction: Ohio, 136th General Assembly
  • Introduced: May 12, 2026
  • Title: Enact the Paul Payne Safe Zone Act
  • Prime sponsors: Representatives Grim (lead), Pizzulli
  • Cosponsors: Piccolantonio, Synenberg, McNally, Bryant Bailey, Brewer, Rogers

Purpose and intent

  • Establish formal Safe Zones around railroad tracks to enhance the safety of railroad employees (including those actively operating, maintaining, or performing duties within the zone).
  • Create a regulatory framework for identifying, maintaining, and enforcing safe zones, with inspections and penalties for noncompliance.

Key provisions and changes

  • New section: Enacts Ohio Revised Code Section 4955.37 (Safe Zones for railroads).
  • Definitions:
    • Obstruction: Any material or condition endangering railroad employees (e.g., scrap, debris, vegetation over 4 inches high, uneven terrain, buildings, etc.).
    • Railhead: The top rounded part of the rail.
    • Railroad: As defined in existing Ohio law (section 4907.02).
    • Safe zone: The area around tracks with specified dimensions and conditions (see details below). Substandard clearance is an obstruction within the safe zone.
  • Safe zone dimensions (A)(4): The area around tracks with these parameters:
    • Vertical clearance: 22 feet 6 inches above the railhead.
    • Horizontal clearance: 15 feet on each side of the track centerline.
    • If railroad equipment is in motion:
    • Horizontal clearance: at least 30 feet on each side when track speed ≤ 10 mph.
    • Horizontal clearance: at least 50 feet on each side when track speed > 10 mph, including a direct means of evacuating the area.
  • Obstructions (A)(5): An obstruction within the safe zone is a substandard clearance.
  • Railroad obligations (B): Railroads must keep safe zones clear of obstructions to protect workers. If an obstruction cannot be reasonably removed, the railroad may install a warning sign in the safe zone (subject to approval by the Public Utilities Commission, PUC).
  • PUC inspections (C): The Public Utilities Commission must conduct periodic inspections of safe zones to verify compliance; inspections can be unannounced. The PUC may also inspect after receiving a complaint.
  • Complaint procedures (D): If a complaint is filed, both the complainant’s designated representative and a railroad representative may attend the inspection. Inspectors and attendees must wear PPE, and must follow railroad safety rules.
  • Enforcement (E): Violations incur a fine of $100 to $500 per violation, with each day of a continued violation treated as a separate offense.
  • Administration (F): The PUC may adopt rules under Ohio law (Chapter 119) to implement and administer the act.
  • Additional note: The act is named the Paul Payne Safe Zone Act.

Who/what is affected

  • Railroads operating in Ohio: Responsible for maintaining safe zones, removing obstructions, or installing warning signage with PUC approval where removal is impractical.
  • Railroad employees and contractors: Benefit from defined safe zones and enhanced protections; subject to the new safety standards and procedures.
  • Public Utilities Commission (PUC): Charged with inspecting safe zones, enforcing compliance, handling complaints, and adopting implementing rules.
  • Anyone placing or leaving obstructions within safe zones: Risks penalties under the new enforcement provisions.

Procedural and timeline aspects

  • Inspection regime: Periodic and complaint-driven inspections by the PUC; unannounced inspections permitted.
  • Enforcement timeline: Daily violations are counted as separate offenses, creating ongoing incentives to rectify issues promptly.
  • Rulemaking: The PUC may promulgate procedures and rules to implement the act under existing Ohio administrative law (Chapter 119).
  • Effective date: The text does not specify an enforcement date; as introduced, the act would become law upon passage and signing, with rules to be developed as applicable.

Potential impact and considerations

  • Creates a formal, measurable safety buffer around railroad tracks, potentially reducing accidents or injuries to railroad workers.
  • Establishes clear duties for railroads to maintain clear zones or provide warnings where removal isn’t feasible.
  • Introduces a defined inspection and enforcement framework that could lead to compliance-focused improvements but may require resources for ongoing PUC inspections.
  • Specific distance metrics (e.g., 22'6" vertical, 15' horizontal, and up to 50' for higher-speed lines) will be critical in planning, engineering, and daily railroad operations.

Compiled from official sources — confirm details with the bill’s official record.

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