6. a. As used in this section:
“Labor representative” or “representative” means a member of a non-profit labor organization.
“Non-profit labor organization” means a non-profit labor organization that represents a class or craft of employees of rail carriers or rail carrier contractor officials.
“Trade secret” means the same as that term is defined in section 2 of P.L.2011, c.161 (C.56:15-2).
b. A labor representative who has been designated by a non-profit labor organization as an inspector with relevant knowledge and experience with hazards on railroad property shall be permitted to enter the property of a privately owned railroad upon reasonable notice to the railroad company, which shall be at least two days but need not be greater than five days, to inspect for safety hazards pursuant to State and federal regulations. The railroad company shall be permitted to designate a railroad company employee to accompany the labor representative at all times on the privately owned railroad property.
c. Notwithstanding subsection b. of this section, if a railroad company denies a request by a labor representative to enter the property pursuant to this subsection, the railroad company shall promptly coordinate with the labor representative to arrange for the labor representative to enter the property on a later date within a reasonable period of time thereafter which shall be no later than five days following the entry date included in such request.
d. Notwithstanding subsection b. of this section, a railroad company may deny a labor representative access to areas of the property of a privately owned railroad:
(1) as necessary to protect against the unauthorized disclosure of the railroad company’s trade secrets, proprietary information, or confidential information; or
(2) that are unrelated to any pending or existing contracts between the railroad company and the non-profit labor organization.
e. While on the premises of a privately owned railroad pursuant to subsection b. of this section, a labor representative shall carry valid photo identification and written authorization issued by the non-profit labor organization, which identification and authorization shall be presented upon the request of a railroad company or any law enforcement officer with jurisdiction over the property.
f. (1) A labor representative acting in good faith and without gross negligence or willful misconduct shall be immune from civil liability for actions undertaken while on the property of the privately owned railroad.
(2) A railroad company shall not be permitted to bring a claim against a labor representative alleging an act of trespass upon the railroad property during an inspection conducted pursuant to this section.
(3) An employee of a privately owned railroad shall not be subject to disciplinary action by the privately owned railroad for any State or federal railroad safety violations identified during an inspection conducted pursuant to this section.
g. A railroad company may require a labor representative to execute nondisclosure agreements to protect trade secrets or confidential information viewed during an inspection, except as necessary to report hazardous conditions or violations to State or federal regulatory agencies.
h. (1) An officer, employee, or agent of the department, at reasonable times and in a reasonable manner, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. The railroad company may designate an employee to accompany the officer, employee, or agent of the department at all times on the privately owned railroad property. The officer, employee, or agent of the department shall carry valid photo identification and written authorization issued by the department, which identification and authorization shall be presented upon the request of an employee of the railroad company or any law enforcement officer with jurisdiction over the property.
(2) In the course of conducting inspections and related safety investigations pursuant to paragraph (1) of this subsection, the department may take actions the department deems necessary, including:
(a) generating reports, issuing subpoenas, requiring the production of records, taking depositions, and prescribing recordkeeping and reporting requirements; and
(b) delegating the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons to either a qualified public entity or qualified person, as determined by the department.