PROMPT MEDICAL ATTENTION.

SEC. 419. PROMPT MEDICAL ATTENTION.(a) In General.—Section 20109 is amended—(1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and(2) by inserting after subsection (b) the following:“(c) Prompt Medical Attention.—“(1) Prohibition.—A railroad carrier or person covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care.“(2) Discipline.—A railroad carrier or person covered under this section may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, 122 STAT. 4893 or for following orders or a treatment plan of a treating physician, except that a railroad carrier’s refusal to permit an employee to return to work following medical treatment shall not be considered a violation of this section if the refusal is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier’s medical standards for fitness for duty. For purposes of this paragraph, the term ‘discipline’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.”.(b) Conforming Amendments.—Section 20109 is amended—(1) in subsection (d), as redesignated by subsection (a) of this section—(A) by striking “(a) or (b)” in paragraph (1) and inserting “(a), (b), or (c)”;(B) by striking “(c)(1)” in paragraph (2)(A)(i) and inserting “(d)(1)”;(C) by striking “(a) or (b)” in paragraph (2)(A)(ii) and inserting “(a), (b), or (c)”; and(2) in subsection (e), as so redesignated—(A) by striking “(c)” in paragraph (1) and inserting “(d)”;(B) by striking “(c)” in paragraph (2) and inserting “(d)”;(C) by striking “(c)(3)” in paragraph (2) and inserting “(d)(3)”; and(D) by striking “(c)” in paragraph (3) and inserting “(d)”.