49 CFR 214
Part 214 Subpart C
Roadway Worker Protection
214.301 Purpose and scope.
214.302 Information collection requirements.
214.303 Railroad on-track safety programs, generally.
214.305 Compliance dates.
214.307 Review and approval of individual on-track safety programs by FRA.
214.309 On-track safety program documents.
214.311 Responsibility of employers.
214.313 Responsibility of individual roadway workers.
214.315 Supervision and communication.
214.317 On-track safety procedures, generally.
214.319 Working limits, generally.
214.321 Exclusive track occupancy.
214.323 Foul time.
214.325 Train coordination.
214.327 Inaccessible track.
214.329 Train approach warning provided by watchmen/lookouts.
214.331 Definite train location.
214.333 Informational line-ups of trains.
214.335 On-track safety procedures for roadway work groups.
214.337 On-track safety procedures for lone workers.
214.339 Audible warning from trains.
214.341 Roadway maintenance machines.
214.343 Training and qualification, general.
214.345 Training for all roadway workers.
214.347 Training and qualification for lone workers.
214.349 Training and qualification of watchmen/lookouts.
214.351 Training and qualification of flagmen.
214.353 Training and qualification of roadway workers who provide on-track safety for roadway work groups.
214.355 Training and qualification in on-track safety for operators of roadway maintenance machines.
Source: 61 FR 65959, December 16, 1996, unless otherwise noted.
214.301
Purpose and scope.
(a) The purpose of this subpart is to prevent accidents and casualties caused by moving railroad cars, locomotives or roadway maintenance machines striking roadway workers or roadway maintenance machines.
(b) This subpart prescribes minimum safety standards for roadway workers. Each railroad and railroad contractor may prescribe additional or more stringent operating rules, safety rules, and other special instructions that are consistent with this subpart.
(c) This subpart prescribes safety standards related to the movement of roadway maintenance machines where such movements affect the safety of roadway workers. This subpart does not otherwise affect movements of roadway maintenance machines that are conducted under the authority of a train dispatcher, a control operator, or the operating rules of the railroad.
214.302
Information collection requirements.
(a) The information collection requirements of this part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, § 2, 109 Stat.163(1995) (codified as revised at 44 U.S.C. §§ 3501-3520), and are assigned OMB control number 2130-0539. FRA may not conduct or sponsor and a respondent is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
(b) The information collection requirements are found in the following sections: §§ 214.303, 214.307, 214.309, 214.311, 214.313, 214.315, 214.319, 214.321, 214.323, 214.325, 214.327, 214.329, 214.331, 214.335, 214.341.
[67 FR 1903, January 15, 2002]
214.303
Railroad on-track safety programs, generally.
(a) Each railroad to which this part applies shall adopt and implement a program that will afford on-track safety to all roadway workers whose duties are performed on that railroad. Each such program shall provide for the levels of protection specified in this subpart.
(b) Each on-track safety program adopted to comply with this part shall include procedures to be used by each railroad for monitoring effectiveness of and compliance with the program.
214.305
Compliance dates.
Each program adopted by a railroad shall comply not later than the date specified in the following schedule:
(a) For each Class I railroad (including National Railroad Passenger Corporation) and each railroad providing commuter service in a metropolitan or suburban area, March 15, 1997.
(b) For each Class II railroad, April 15, 1997.
(c) For each Class III railroad, switching and terminal railroad, and any railroad not otherwise classified, May 15, 1997.
(d) For each railroad commencing operations after the pertinent date specified in this section, the date on which operations commence.
214.307
Review and approval of individual on-track safety programs by FRA.
(a) Each railroad shall notify, in writing, the Associate Administrator for Safety, Federal Railroad Administration, RRS-15, 400 Seventh Street SW, Washington, DC 20590, not less than one month before its on-track safety program becomes effective. The notification shall include the effective date of the program, the address of the office at which the program documents are available for review and photocopying by representatives of the Federal Railroad Administrator, and the name, title, address and telephone number of the primary person to be contacted with regard to review of the program. This notification procedure shall also apply to subsequent changes to a railroad's on-track safety program.
(b) After receipt of the notification from the railroad, the Federal Railroad Administration will conduct a formal review of the on-track safety program. The Federal Railroad Administration will notify the primary railroad contact person of the results of the review, in writing, whether the on-track safety program or changes to the program have been approved by the Administrator, and if not approved, the specific points in which the program or changes are deficient.
(c) A railroad's on-track safety program will take effect by the established compliance dates in § 214.305, without regard to the date of review or approval by the Federal Railroad Administration. Changes to a railroad's program will take effect on dates established by each railroad without regard to the date of review and approval by the Federal Railroad Administration.
214.309
On-track safety program documents.
Rules and operating procedures governing track occupancy and protection shall be maintained together in one manual and be readily available to all roadway workers. Each roadway worker responsible for the on-track safety of others, and each lone worker, shall be provided with and shall maintain a copy of the program document.
214.311
Responsibility of employers.
(a) Each employer is responsible for the understanding and compliance by its employees with its rules and the requirements of this part.
(b) Each employer shall guarantee each employee the absolute right to challenge in good faith whether the on-track safety procedures to be applied at the job location comply with the rules of the operating railroad, and to remain clear of the track until the challenge is resolved.
(c) Each employer shall have in place a written procedure to achieve prompt and equitable resolution of challenges made in accordance with §§ 214.311(b) and 214.313(d).
214.313
Responsibility of individual roadway workers.
(a) Each roadway worker is responsible for following the on-track safety rules of the railroad upon which the roadway worker is located.
(b) A roadway worker shall not foul a track except when necessary for the performance of duty.
(c) Each roadway worker is responsible to ascertain that on-track safety is being provided before fouling a track.
(d) Each roadway worker may refuse any directive to violate an on-track safety rule, and shall inform the employer in accordance with § 214.311 whenever the roadway worker makes a good faith determination that on-track safety provisions to be applied at the job location do not comply with the rules of the operating railroad.
214.315
Supervision and communication.
(a) When an employer assigns duties to a roadway worker that call for that employee to foul a track, the employer shall provide the employee with a job briefing that includes information on the means by which on-track safety is to be provided, and instruction on the on-track safety procedures to be followed.
(b) A job briefing for on-track safety shall be deemed complete only after the roadway worker has acknowledged understanding of the on-track safety procedures and instructions presented.
(c) Every roadway work group whose duties require fouling a track shall have one roadway worker designated by the employer to provide on-track safety for all members of the group. The designated person shall be qualified under the rules of the railroad that conducts train operations on those tracks to provide the protection necessary for on-track safety of each individual in the group. The responsible person may be designated generally, or specifically for a particular work situation.
(d) Before any member of a roadway work group fouls a track, the designated person providing on-track safety for the group under paragraph (c) of this section shall inform each roadway worker of the on- track safety procedures to be used and followed during the performance of the work at that time and location. Each roadway worker shall again be so informed at any time the on-track safety procedures change during the work period. Such information shall be given to all roadway workers affected before the change is effective, except in cases of emergency. Any roadway workers who, because of an emergency, cannot be notified in advance shall be immediately warned to leave the fouling space and shall not return to the fouling space until on-track safety is re-established.
(e) Each lone worker shall communicate at the beginning of each duty period with a supervisor or another designated employee to receive a job briefing and to advise of his or her planned itinerary and the procedures that he or she intends to use for on-track safety. When communication channels are disabled, the job briefing shall be conducted as soon as possible after the beginning of the work period when communications are restored.
214.317
On-track safety procedures, generally.
Each employer subject to the provisions of this part shall provide on-track safety for roadway workers by adopting a program that contains specific rules for protecting roadway workers that comply with the provisions of §§ 214.319 through 214.337 of this part.
214.319
Working limits, generally.
Working limits established on controlled track shall conform to the provisions of § 214.321 Exclusive track occupancy, or § 214.323 Foul time, or § 214. 325 Train coordination. Working limits established on non-controlled track shall conform to the provision of § 214.327 Inaccessible track. Working limits established under any procedure shall, in addition, conform to the following provisions:
(a) Only a roadway worker who is qualified in accordance with § 214.353 of this part shall establish or have control over working limits for the purpose of establishing on-track safety.
(b) Only one roadway worker shall have control over working limits on any one segment of track.
(c) All affected roadway workers shall be notified before working limits are released for the operation of trains. Working limits shall not be released until all affected roadway workers have either left the track or have been afforded on-track safety through train approach warning in accordance with § 214.329 of this subpart.
214.321
Exclusive track occupancy.
Working limits established on controlled track through the use of exclusive track occupancy procedures shall comply with the following requirements:
(a) The track within working limits shall be placed under the control of one roadway worker by either:
(1) Authority issued to the roadway worker in charge by the train dispatcher or control operator who controls train movements on that track,
(2) Flagmen stationed at each entrance to the track within working limits and instructed by the roadway worker in charge to permit the movement of trains and equipment into the working limits only as permitted by the roadway worker in charge, or
(3) The roadway worker in charge causing fixed signals at each entrance to the working limits to display an aspect indicating "Stop."
(b) An authority for exclusive track occupancy given to the roadway worker in charge of the working limits shall be transmitted on a written or printed document directly, by relay through a designated employee, in a data transmission, or by oral communication, to the roadway worker by the train dispatcher or control operator in charge of the track.
(1) Where authority for exclusive track occupancy is transmitted orally, the authority shall be written as received by the roadway worker in charge and repeated to the issuing employee for verification.
(2) The roadway worker in charge of the working limits shall maintain possession of the written or printed authority for exclusive track occupancy while the authority for the working limits is in effect.
(3) The train dispatcher or control operator in charge of the track shall make a written or electronic record of all authorities issued to establish exclusive track occupancy.
(c) The extent of working limits established through exclusive track occupancy shall be defined by one of the following physical features clearly identifiable to a locomotive engineer or other person operating a train or railroad equipment:
(1) A flagman with instructions and capability to hold all trains and equipment clear of the working limits;
(2) A fixed signal that displays an aspect indicating "Stop";
(3) A station shown in the time-table, and identified by name with a sign, beyond which train movement is prohibited by train movement authority or the provisions of a direct train control system.
(4) A clearly identifiable milepost sign beyond which train movement is prohibited by train movement authority or the provisions of a direct train control system; or
(5) A clearly identifiable physical location prescribed by the operating rules of the railroad that trains may not pass without proper authority.
(d) Movements of trains and roadway maintenance machines within working limits established through exclusive track occupancy shall be made only under the direction of the roadway worker having control over the working limits. Such movements shall be restricted speed unless a higher speed has been specifically authorized by the roadway worker in charge of the working limits.
214.323
Foul time.
Working limits established on controlled track through the use of foul time procedures shall comply with the following requirements:
(a) Foul time may be given orally or in writing by the train dispatcher or control operator only after that employee has withheld the authority of all trains to move into or within the working limits during the foul time period.
(b) Each roadway worker to whom foul time is transmitted orally shall repeat the track number, track limits and time limits of the foul time to the issuing employee for verification before the foul time becomes effective.
(c) The train dispatcher or control operator shall not permit the movement of trains or other on-track equipment onto the working limits protected by foul time until the roadway worker who obtained the foul time has reported clear of the track.
214.325
Train coordination.
Working limits established by a roadway worker through the use of train coordination shall comply with the following requirements:
(a) Working limits established by train coordination shall be within the segments of track or tracks upon which only one train holds exclusive authority to move.
(b) The roadway worker who establishes working limits by train coordination shall communicate with a member of the crew of the train holding the exclusive authority to move, and shall determine that:
(1) The train is visible to the roadway worker who is establishing the working limits,
(2) The train is stopped,
(3) Further movements of the train will be made only as permitted by the roadway worker in charge of the working limits while the working limits remain in effect, and
(4) The crew of the train will not give up its exclusive authority to move until the working limits have been released to the train crew by the roadway worker in charge of the working limits.
214.327
Inaccessible track.
(a) Working limits on non-controlled track shall be established by rendering the track within working limits physically inaccessible to trains at each possible point of entry by one of the following features:
(1) A flagman with instructions and capability to hold all trains and equipment clear of the working limits;
(2) A switch or derail aligned to prevent access to the working limits and secured with an effective securing device by the roadway worker in charge of the working limits;
(3) A discontinuity in the rail that precludes passage of trains or engines into the working limits;
(4) Working limits on controlled track that connects directly with the inaccessible track, established by the roadway worker in charge of the working limits on the inaccessible track; or
(5) A remotely controlled switch aligned to prevent access to the working limits and secured by the control operator of such remotely controlled switch by application of a locking or blocking device to the control of that switch, when:
(i) The control operator has secured the remotely controlled switch by applying a locking or blocking device to the control of the switch, and
(ii) The control operator has notified the roadway worker who has established the working limits that the requested protection has been provided, and
(iii) The control operator is not permitted to remove the locking or blocking device from the control of the switch until receiving permission to do so from the roadway worker who established the working limits.
(b) Trains and roadway maintenance machines within working limits established by means of inaccessible track shall move only under the direction of the roadway worker in charge of the working limits, and shall move at restricted speed.
(c) No operable locomotives or other items of on-track equipment, except those present or moving under the direction of the roadway worker in charge of the working limits, shall be located within working limits established by means of inaccessible track.
214.329
Train approach warning provided by watchmen/lookouts.
Roadway workers in a roadway work group who foul any track outside of working limits shall be given warning of approaching trains by one or more watchmen/lookouts in accordance with the following provisions:
(a) Train approach warning shall be given in sufficient time to enable each roadway worker to move to and occupy a previously arranged place of safety not less than 15 seconds before a train moving at the maximum speed authorized on that track can pass the location of the roadway worker.
(b) Watchmen/lookouts assigned to provide train approach warning shall devote full attention to detecting the approach of trains and communicating a warning thereof, and shall not be assigned any other duties while functioning as watchmen/lookouts.
(c) The means used by a watchman/lookout to communicate a train approach warning shall be distinctive and shall clearly signify to all recipients of the warning that a train or other on-track equipment is approaching.
(d) Every roadway worker who depends upon train approach warning for on-track safety shall maintain a position that will enable him or her to receive a train approach warning communicated by a watchman/lookout at any time while on-track safety is provided by train approach warning.
(e) Watchmen/lookouts shall communicate train approach warnings by a means that does not require a warned employee to be looking in any particular direction at the time of the warning, and that can be detected by the warned employee regardless of noise or distraction of work.
(f) Every roadway worker who is assigned the duties of a watchman/lookout shall first be trained, qualified and designated in writing by the employer to do so in accordance with the provisions of
§ 214.349.
(g) Every watchman/lookout shall be provided by the employer with the equipment necessary for compliance with the on-track safety duties which the watchman/lookout will perform.
214.331
Definite train location.
A roadway worker may establish on-track safety by using definite train location only where permitted by and in accordance with the following provisions:
(a) A Class I railroad or a commuter railroad may only use definite train location to establish on-track safety at points where such procedures were in use on January 15, 1997.
(b) Each Class I or commuter railroad shall include in its on-track safety program for approval by FRA in accordance with § 214.307 of this part a schedule for phase-out of the use of definite train location to establish on-track safety.
(c) A railroad other than a Class I or commuter railroad may use definite train location to establish on-track safety on subdivisions only where:
(1) Such procedures were in use on January 15, 1997, or
(2) The number of trains operated on the subdivision does not exceed:
(i) Three during any nine-hour period in which roadway workers are on duty, and
(ii) Four during any twelve-hour period in which roadway workers are on duty.
(d) Definite train location shall only be used to establish on-track safety according to the following provisions:
(1) Definite train location information shall be issued only by the one train dispatcher who is designated to authorize train movements over the track for which the information is provided.
(2) A definite train location list shall indicate all trains to be operated on the track for which the list is provided, during the time for which the list is effective.
(3) Trains not shown on the definite train location list shall not be operated on the track for which the list is provided, during the time for which the list is effective, until each roadway worker to whom the list has been issued has been notified of the train movement, has acknowledged the notification to the train dispatcher, and has canceled the list. A list thus canceled shall then be invalid for on-track safety.
(4) Definite train location shall not be used to establish on-track safety within the limits of a manual interlocking, or on track over which train movements are governed by a Traffic Control System or by a Manual Block System.
(5) Roadway workers using definite train location for on-track safety shall not foul a track within ten minutes before the earliest time that a train is due to depart the last station at which time is shown in approach to the roadway worker's location nor until that train has passed the location of the roadway worker.
(6) A railroad shall not permit a train to depart a location designated in a definite train location list before the time shown therein.
(7) Each roadway worker who uses definite train location to establish on-track safety must be qualified on the relevant physical characteristics of the territory for which the train location information is provided.
214.333
Informational line-ups of trains.
A railroad is permitted to include informational line-ups of trains in its on-track safety program for use only on subdivisions of that railroad upon which such procedure was in effect on March 14, 1996.
(b) Each procedure for the use of informational line-ups of trains found in an on-track safety program shall include all provisions necessary to protect roadway workers using the procedure against being struck by trains or other on-track equipment.
(c) Each on-track safety program that provides for the use of informational line-ups shall include a schedule for discontinuance of the procedure by a definite date.
214.335
On-track safety procedures for roadway work groups.
(a) No employer subject to the provisions of this part shall require or permit a roadway worker who is a member of a roadway work group to foul a track unless on-track safety is provided by either working limits, train approach warning, or definite train location in accordance with the applicable provisions of §§ 214.319, 214.321, 213.323, 214.325, 214.327, 214.329 and 214.331 of this part.
(b) No roadway worker who is a member of a roadway work group shall foul a track without having been informed by the roadway worker responsible for the on-track safety of the roadway work group that on-track safety is provided.
(c) Roadway work groups engaged in large-scale maintenance or construction shall be provided with train approach warning in accordance with § 214.327 for movements on adjacent tracks that are not included within working limits.
214.337
On-track safety procedures for lone workers.
(a) A lone worker who fouls a track while performing routine inspection or minor correction may use individual train detection to establish on-track safety only where permitted by this section and the on-track safety program of the railroad.
(b) A lone worker retains an absolute right to use on-track safety procedures other than individual train detection if he or she deems it necessary, and to occupy a place of safety until such other form of on-track safety can be established.
(c) Individual train detection may be used to establish on-track safety only:
(1) By a lone worker who has been trained, qualified, and designated to do so by the employer in accordance with § 214.347 of this subpart;
(2) While performing routine inspection and minor correction work;
(3) On track outside the limits of a manual interlocking, a controlled point, or a remotely controlled hump yard facility;
(4) Where the lone worker is able to visually detect the approach of a train moving at the maximum speed authorized on that track, and move to a previously determined place of safety, not less than 15 seconds before the train would arrive at the location of the lone worker;
(5) Where no power-operated tools or roadway maintenance machines are in use within the hearing of the lone worker; and
(6) Where the ability of the lone worker to hear and see approaching trains and other on-track equipment is not impaired by background noise, lights, precipitation, fog, passing trains, or any other physical conditions.
(d) The place of safety to be occupied by a lone worker upon the approach of a train may not be on a track, unless working limits are established on that track.
(e) A lone worker using individual train detection for on-track safety while fouling a track may not occupy a position or engage in any activity that would interfere with that worker's ability to maintain a vigilant lookout for, and detect the approach of, a train moving in either direction as prescribed in this section.
(f) A lone worker who uses individual train detection to establish on-track safety shall first complete a written Statement of On-track Safety. The Statement shall designate the limits of the track for which it is prepared and the date and time for which it is valid. The statement shall show the maximum authorized speed of trains within the limits for which it is prepared, and the sight distance that provides the required warning of approaching trains. The lone worker using individual train detection to establish on-track safety shall produce the Statement of On-track Safety when requested by a representative of the Federal Railroad Administrator.
214.339
Audible warning from trains.
Each railroad shall require that the locomotive whistle be sounded, and the locomotive bell be rung, by trains approaching roadway workers on or about the track. Such audible warning shall not substitute for on-track safety procedures prescribed in this part.
214.341
Roadway maintenance machines.
(a) Each employer shall include in its on-track safety program specific provisions for the safety of roadway workers who operate or work near roadway maintenance machines. Those provisions shall address:
(1) Training and qualification of operators of roadway maintenance machines.
(2) Establishment and issuance of safety procedures both for general application and for specific types of machines.
(3) Communication between machine operators and roadway workers assigned to work near or on roadway maintenance machines.
(4) Spacing between machines to prevent collisions.
(5) Space between machines and roadway workers to prevent personal injury.
(6) Maximum working and travel speeds for machines dependent upon weather, visibility, and stopping capabilities.
(b) Instructions for the safe operation of each roadway machine shall be provided and maintained with each machine large enough to carry the instruction document.
(1) No roadway worker shall operate a roadway maintenance machine without having been trained in accordance with § 214.355.
(2) No roadway worker shall operate a roadway maintenance machine without having complete knowledge of the safety instructions applicable to that machine.
(3) No employer shall assign roadway workers to work near roadway machines unless the roadway worker has been informed of the safety procedures applicable to persons working near the roadway machines and has acknowledged full understanding.
(c) Components of roadway maintenance machines shall be kept clear of trains passing on adjacent tracks. Where operating conditions permit roadway maintenance machines to be less than four feet from the rail of an adjacent track, the on-track safety program of the railroad shall include the procedural instructions necessary to provide adequate clearance between the machine and passing trains.
214.343
Training and qualification, general.
(a) No employer shall assign an employee to perform the duties of a roadway worker, and no employee shall accept such assignment, unless that employee has received training in the on-track safety procedures associated with the assignment to be performed, and that employee has demonstrated the ability to fulfill the responsibilities for on-track safety that are required of an individual roadway worker performing that assignment.
(b) Each employer shall provide to all roadway workers in its employ initial or recurrent training once every calendar year on the on-track safety rules and procedures that they are required to follow.
(c) Railroad employees other than roadway workers, who are associated with on-track safety procedures, and whose primary duties are concerned with the movement and protection of trains, shall be trained to perform their functions related to on-track safety through the training and qualification procedures prescribed by the operating railroad for the primary position of the employee, including maintenance of records and frequency of training.
(d) Each employer of roadway workers shall maintain written or electronic records of each roadway worker qualification in effect. Each record shall include the name of the employee, the type of qualification made, and the most recent date of qualification. These records shall be kept available for inspection and photocopying by the Federal Railroad Administrator during regular business hours.
214.345
Training for all roadway workers.
The training of all roadway workers shall include, as a minimum, the following:
(a) Recognition of railroad tracks and understanding of the space around them within which on-track safety is required.
(b) The functions and responsibilities of various persons involved with on-track safety procedures.
(c) Proper compliance with on-track safety instructions given by persons performing or responsible for on-track safety functions.
(d) Signals given by watchmen/lookouts, and the proper procedures upon receiving a train approach warning from a lookout.
(e) The hazards associated with working on or near railroad tracks, including review of on-track safety rules and procedures.
214.347
Training and qualification for lone workers.
Each lone worker shall be trained and qualified by the employer to establish on-track safety in accordance with the requirements of this section, and must be authorized to do so by the railroad that conducts train operations on those tracks.
(a) The training and qualification for lone workers shall include, as a minimum, consideration of the following factors:
(1) Detection of approaching trains and prompt movement to a place of safety upon their approach.
(2) Determination of the distance along the track at which trains must be visible in order to provide the prescribed warning time.
(3) Rules and procedures prescribed by the railroad for individual train detection, establishment of working limits, and definite train location.
(4) On-track safety procedures to be used in the territory on which the employee is to be qualified and permitted to work alone.
(b) Initial and periodic qualification of a lone worker shall be evidenced by demonstrated proficiency.
214.349
Training and qualification of watchmen/lookouts.
(a) The training and qualification for roadway workers assigned the duties of watchmen/lookouts shall include, as a minimum, consideration of the following factors:
(1) Detection and recognition of approaching trains.
(2) Effective warning of roadway workers of the approach of trains.
(3) Determination of the distance along the track at which trains must be visible in order to provide the prescribed warning time.
(4) Rules and procedures of the railroad to be used for train approach warning.
(b) Initial and periodic qualification of a watchman/lookout shall be evidenced by demonstrated proficiency.
214.351
Training and qualification of flagmen.
(a) The training and qualification for roadway workers assigned the duties of flagmen shall include, as a minimum, the content and application of the operating rules of the railroad pertaining to giving proper stop signals to trains and holding trains clear of working limits.
(b) Initial and periodic qualification of a flagman shall be evidenced by demonstrated proficiency.
214.353
Training and qualification of roadway workers who provide on-track safety for roadway work groups.
(a) The training and qualification of roadway workers who provide for the on-track safety of groups of roadway workers through establishment of working limits or the assignment and supervision of watchmen/lookouts or flagmen shall include, as a minimum:
(1) All the on-track safety training and qualification required of the roadway workers to be supervised and protected.
(2) The content and application of the operating rules of the railroad pertaining to the establishment of working limits.
(3) The content and application of the rules of the railroad pertaining to the establishment or train approach warning.
(4) The relevant physical characteristics of the territory of the railroad upon which the roadway worker is qualified.
(b) Initial and periodic qualification of a roadway worker to provide on track safety for groups shall be evidenced by a recorded examination.
214.355
Training and qualification in on-track safety for operators of roadway maintenance machines.
(a) The training and qualification of roadway workers who operate roadway maintenance machines shall include, as a minimum:
(1) Procedures to prevent a person from being struck by the machine when the machine is in motion or operation.
(2) Procedures to prevent any part of the machine from being struck by a train or other equipment on another track.
(3) Procedures to provide for stopping the machine short of other machines or obstructions on the track.
(4) Methods to determine safe operating procedures for each machine that the operator is expected to operate.
(b) Initial and periodic qualification of a roadway worker to operate roadway maintenance machines shall be evidenced by demonstrated proficiency.
Part 214 Subpart D
On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
214.501 Purpose and scope.
214.503 Good-faith challenges; procedures for notification and resolution.
214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs.
214.507 Required safety equipment for new on-track roadway maintenance machines.
214.509 Required visual illumination and reflective devices for new on-track roadway maintenance machines.
214.511 Required audible warning devices for new on-track roadway maintenance machines.
214.513 Retrofitting of existing on-track roadway maintenance machines; general.
214.515 Overhead covers for existing on-track roadway maintenance machines.
214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991.
214.518 Safe and secure positions for riders.
214.519 Floors, decks, stairs, and ladders of on-track roadway maintenance machines.
214.521 Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles.
214.523 Hi-rail vehicles.
214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles.
214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs.
214.529 In-service failure of primary braking system.
214.531 Schedule of repairs; general.
214.533 Schedule of repairs subject to availability of parts.
Source: 68 FR 44388, July 28, 2003
214.501
Purpose and scope.
(a) The purpose of this subpart is to prevent accidents and casualties caused by the lawful operation of on-track roadway maintenance machines and hi-rail vehicles.
(b) This subpart prescribes minimum safety standards for on-track roadway maintenance machines and hi-rail vehicles. An employer may prescribe additional or more stringent standards that are consistent with this subpart.
(c) Any working condition that involves the protection of employees engaged in roadway maintenance duties covered by this subpart but is not within the subject matter addressed by this subpart, including employee exposure to noise, shall be governed by the regulations of the U.S. Department of Labor, Occupational Safety and Health Administration.
214.503
Good-faith challenges; procedures for notification and resolution.
(a) An employee operating an on-track roadway maintenance machine or hi-rail vehicle shall inform the employer whenever the employee makes a good-faith determination that the machine or vehicle does not comply with FRA regulations or has a condition that inhibits its safe operation.
(b) Any employee charged with operating an on-track roadway maintenance machine or hi-rail vehicle covered by this subpart may refuse to operate the machine or vehicle if the employee makes a good-faith determination that it does not comply with the requirements of this subpart or has a condition that inhibits its safe operation. The employer shall not require the employee to operate the machine or vehicle until the challenge resulting from the good-faith determination is resolved.
(c) Each employer shall have in place and follow written procedures to assure prompt and equitable resolution of challenges resulting from good-faith determinations made in accordance with this section. The procedures shall include specific steps to be taken by the employer to investigate each good-faith challenge, as well as procedures to follow once the employer finds a challenged machine or vehicle does not comply with this subpart or is otherwise unsafe to operate. The procedures shall also include the title and location of the employer's designated official.
214.505
Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs.
(a) The following new on-track roadway maintenance machines shall be equipped with enclosed cabs with operative heating systems, operative air conditioning systems, and operative positive pressurized ventilation systems:
(1) Ballast regulators;
(2) Tampers;
(3) Mechanical brooms;
(4) Rotary scarifiers;
(5) Undercutters; and
(6) Functional equivalents of any of the machines identified in paragraphs (a)(1) through (a)(5) of this section.
(b) New on-track roadway maintenance machines, and existing on-track roadway maintenance machines specifically designated by the employer, of the types identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, shall be capable of protecting employees in the cabs of the machines from exposure to air contaminants, in accordance with 29 CFR 1910.1000.
(c) An employer shall maintain a list of new and designated existing on-track roadway maintenance machines of the types identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto. The list shall be kept current and made available to the Federal Railroad Administration and other Federal and State agencies upon request.
(d) An existing roadway maintenance machine of the type identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, becomes "designated" when the employer adds the machine to the list required in paragraph (c) of this section. The designation is irrevocable, and the designated existing roadway maintenance machine remains subject to paragraph (b) of this section until it is retired or sold.
(e) If the ventilation system on a new on-track roadway maintenance machine or a designated existing on-track roadway maintenance machine of the type identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, becomes incapable of protecting an employee in the cab of the machine from exposure to air contaminants in accordance with 29 CFR 1910.1000, personal respiratory protective equipment shall be provided for each such employee until the machine is repaired in accordance with § 214.531.
(f) Personal respiratory protective equipment provided under paragraph (e) of this section shall comply with 29 CFR 1910.134.
(g) New on-track roadway maintenance machines with enclosed cabs, other than the types identified in paragraphs (a)(1) through (a)(5) of this section or functionally equivalent thereto, shall be equipped with operative heating and ventilation systems.
(h) When new on-track roadway maintenance machines require operation from non-enclosed stations outside of the main cab, the non-enclosed stations shall be equipped, where feasible from an engineering standpoint, with a permanent or temporary roof, canopy, or umbrella designed to provide cover from normal rainfall and midday sun.
214.507
Required safety equipment for new on-track roadway maintenance machines.
(a) Each new on-track roadway maintenance machine shall be equipped with:
(1) A seat for each operator, except as provided in paragraph (b) of this section;
(2) A safe and secure position with handholds, handrails, or a secure seat for each roadway worker transported on the machine. Each position shall beprotected from moving parts of the machine;
(3) A positive method of securement for turntables, on machines equipped with a turntable, through engagement of pins and hooks that block the descent of turntable devices below the rail head when not in use;
(4) A windshield with safety glass, or other material with similar properties, if the machine is designed with a windshield. Each new on-track roadway maintenance machine designed with a windshield shall also have power windshield wipers or suitable alternatives that provide the machine operator an equivalent level of vision if windshield wipers are incompatible with the windshield material;
(5) A machine braking system capable of effectively controlling the movement of the machine under normal operating conditions;
(6) A first-aid kit that is readily accessible and complies with 29 CFR 1926.50(d)(2); and
(7) An operative and properly charged fire extinguisher of 5 BC rating or higher which is securely mounted and readily accessible to the operator from the operator's work station.
(b) Each new on-track roadway maintenance machine designed to be operated and transported by the operator in a standing position shall be equipped with handholds and handrails to provide the operator with a safe and secure position.
(c) Each new on-track roadway maintenance machine that weighs more than 32,500 pounds light weight and is operated in excess of 20 mph shall be equipped with a speed indicator that is accurate within +/-5 mph of the actual speed at speeds of 10 mph and above.
(d) Each new on-track roadway maintenance machine shall have its as-built light weight displayed in a conspicuous location on the machine.
[69 FR 8834, February 26, 2004]
214.509
Required visual illumination and reflective devices for new on-track roadway maintenance machines.
Each new on-track roadway maintenance machine shall be equipped with the following visual illumination and reflective devices:
(a) An illumination device, such as a headlight, capable of illuminating obstructions on the track ahead in the direction of travel for a distance of 300 feet under normal weather and atmospheric conditions;
(b) Work lights, if the machine is operated during the period between one-half hour after sunset and one-half hour before sunrise or in dark areas such as tunnels, unless equivalent lighting is otherwise provided;
(c) An operative 360-degree intermittent warning light or beacon mounted on the roof of the machine. New roadway maintenance machines that are not equipped with fixed roofs and have a light weight less than 17,500 pounds are exempt from this requirement;
(d) A brake light activated by the application of the machine braking system, and designed to be visible for a distance of 300 feet under normal weather and atmospheric conditions; and
(e) Rearward viewing devices, such as rearview mirrors.
214.511
Required audible warning devices for new on-track roadway maintenance machines.
Each new on-track roadway maintenance machine shall be equipped with:
(a) A horn or other audible warning device that produces a sound loud enough to be heard by roadway workers and other machine operators within the immediate work area. The triggering mechanism for the device shall be clearly identifiable and within easy reach of the machine operator; and
(b) An automatic change-of-direction alarm which provides an audible signal that is at least three seconds long and is distinguishable from the surrounding noise. Change of direction alarms may be interrupted by the machine operator when operating the machine in the work mode if the function of the machine would result in a constant, or almost constant, sounding of the device. In any action brought by FRA to enforce the change-of-direction alarm requirement, the employer shall have the burden of proving that use of the change-of-direction alarm in a particular work function would cause a constant, or almost constant, sounding of the device.
214.513
Retrofitting of existing on-track roadway maintenance machines; general.
(a) Each existing on-track roadway maintenance machine shall have a safe and secure position with handholds, handrails, or a secure seat or bench position for each roadway worker transported on the machine. Each position shall be protected from moving parts of the machine.
(b) By March 28, 2005, each existing on-track roadway maintenance machine shall be equipped with a permanent or portable horn or other audible warning device that produces a sound loud enough to be heard by roadway workers and other machine operators within the immediate work area. The triggering mechanism for the device shall be clearly identifiable and within easy reach of the machine operator.
(c) By March 28, 2005, each existing on-track roadway maintenance machine shall be equipped with a permanent illumination device or a portable light that is securely placed and not hand-held. The illumination device or portable light shall be capable of illuminating obstructions on the track ahead for a distance of 300 feet under normal weather and atmospheric conditions when the machine is operated during the period between one-half hour after sunset and one-half hour before sunrise or in dark areas such as tunnels.
[69 FR 8834, February 26, 2004]
214.515
Overhead covers for existing on-track roadway maintenance machines.
(a) For those existing on-track roadway maintenance machines either currently or previously equipped with overhead covers for the operator's position, defective covers shall be repaired, and missing covers shall be reinstalled, by March 28, 2005 and thereafter maintained in accordance with the provisions of § 214.531.
(b) For those existing on-track roadway maintenance machines that are not already equipped with overhead covers for the operator's position, the employer shall evaluate the feasibility of providing an overhead cover on such a machine if requested in writing by the operator assigned to operate the machine or by the operator's designated representative. The employer shall provide the operator a written response to each request within 60 days. When the employer finds the addition of an overhead cover is not feasible, the response shall include an explanation of the reasoning used by the employer to reach that conclusion.
(c) For purposes of this section, overhead covers shall provide the operator's position with cover from normal rainfall and midday sun.
214.517
Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991.
In addition to meeting the requirements of § 214.513, after March 28, 2005 each existing on-track roadway maintenance machine manufactured on or after January 1, 1991, shall have the following:
(a) A change-of-direction alarm or rearview mirror or other rearward viewing device, if either device is feasible, given the machine's design, and if either device adds operational safety value, given the machine's function. In any action brought by FRA to enforce this requirement, the employer shall have the burden of proving that neither device is feasible or adds operational safety value, or both, given the machine's design or work function.
(b) An operative heater, when the machine is operated at an ambient temperature less than 50 degrees Fahrenheit and is equipped with, or has been equipped with, a heater installed by the manufacturer or the railroad.
(c) The light weight of the machine stenciled or otherwise clearly displayed on the machine, if the light weight is known.
(d) Reflective material, or a reflective device, or operable brake lights.
(e) Safety glass when its glass is normally replaced, except that replacement glass that is specifically intended for on-track roadway maintenance machines and is in the employer's inventory as of September 26, 2003 may be utilized until exhausted.
(f) A turntable restraint device, on machines equipped with a turntable, to prevent undesired lowering, or a warning light indicating that the turntable is not in the normal travel position.
[69 FR 8834, February 26, 2004]
214.518
Safe and secure positions for riders.
On or after March 1, 2004, a roadway worker, other than the machine operator, is prohibited from riding on any on-track roadway maintenance machine unless a safe and secure position for each roadway worker on the machine is clearly identified by stenciling, marking, or other written notice.
[69 FR 8834, February 26, 2004]
214.519
Floors, decks, stairs, and ladders of on-track roadway maintenance machines.
Floors, decks, stairs, and ladders of on-track roadway maintenance machines shall be of appropriate design and maintained to provide secure access and footing, and shall be free of oil, grease, or any obstruction which creates a slipping, falling, or fire hazard.
214.521
Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles.
Each on-track roadway maintenance machine and hi-rail vehicle shall have on board a flagging kit that complies with the operating rules of the railroad if:
(a) The equipment is operated over trackage subject to a railroad operating rule requiring flagging; and
(b) --
(1) The equipment is not part of a roadway work group; or
(2) The equipment is the lead or trailing piece of equipment in a roadway work group operating under the same occupancy authority.
[69 FR 8834, February 26, 2004]
214.523
Hi-rail vehicles.
(a) The hi-rail gear of all hi-rail vehicles shall be inspected for safety at least annually and with no more than 14 months between inspections. Tram, wheel wear, and gage shall be measured and, if necessary, adjusted to allow the vehicle to be safely operated.
(b) Each employer shall keep records pertaining to compliance with paragraph (a) of this section. Records may be kept on forms provided by the employer or by electronic means. The employer shall retain the record of each inspection until the next required inspection is performed. The records shall be made available for inspection and copying during normal business hours by representatives of FRA and States participating under part 212 of this chapter. The records may be kept on the hi-rail vehicle or at a location designated by the employer.
(c) A new hi-rail vehicle shall be equipped with:
(1) An automatic change-of-direction alarm or backup alarm that provides an audible signal at least three seconds long and distinguishable from the surrounding noise; and
(2) An operable 360-degree intermittent warning light or beacon mounted on the outside of the vehicle.
(d) --
(1) The operator of a hi-rail vehicle shall check the vehicle for compliance with this subpart, prior to using the vehicle at the start of the operator's work shift.
(2) A non-complying condition that cannot be repaired immediately shall be tagged and dated in a manner prescribed by the employer and reported to the designated official.
(3) Non-complying automatic change-of-direction alarms, backup alarms, and 360-degree intermittent warning lights or beacons shall be repaired or replaced as soon as practicable within seven calendar days.
214.525
Towing with on-track roadway maintenance machines or hi-rail vehicles.
(a) When used to tow pushcars or other maintenance-of-way equipment, each on-track roadway maintenance machine or hi-rail vehicle shall be equipped with a towing bar or other coupling device that provides a safe and secure attachment.
(b) An on-track roadway maintenance machine or hi-rail vehicle shall not be used to tow pushcars or other maintenance-of-way equipment if the towing would cause the machine or hi-rail vehicle to exceed the capabilities of its braking system. In determining the limit of the braking system, the employer must consider the track grade (slope), as well as the number and weight of pushcars or other equipment to be towed.
214.527
On-track roadway maintenance machines; inspection for compliance and schedule for repairs.
(a) The operator of an on-track roadway maintenance machine shall check the machine components for compliance with this subpart, prior to using the machine at the start of the operator's work shift.
(b) Any non-complying condition that cannot be repaired immediately shall be tagged and dated in a manner prescribed by the employer and reported to the designated official.
(c) The operation of an on-track roadway maintenance machine with a non-complying condition shall be governed by the following requirements:
(1) An on-track roadway maintenance machine with headlights or work lights that are not in compliance may be operated for a period not exceeding 7 calendar days and only during the period between one-half hour before sunrise and one-half hour after sunset;
(2) A portable horn may be substituted for a non-complying or missing horn for a period not exceeding seven calendar days;
(3) A fire extinguisher readily available for use may temporarily replace a missing, defective or discharged fire extinguisher on a new on-track roadway maintenance machine for a period not exceeding 7 calendar days, pending the permanent replacement or repair of the missing, defective or used fire extinguisher;
(4) Non-complying automatic change-of-direction alarms, backup alarms, and 360-degree intermittent warning lights or beacons shall be repaired or replaced as soon as practicable within 7 calendar days; and
(5) A structurally defective or missing operator's seat shall be replaced or repaired within 24 hours or by the start of the machine's next tour of duty, whichever is later. The machine may be operated for the remainder of the operator's tour of duty if the defective or missing operator's seat does not prevent its safe operation.
214.529
In-service failure of primary braking system.
(a) In the event of a total in-service failure of its primary braking system, an on-track roadway maintenance machine may be operated for the remainder of its tour of duty with the use of a secondary braking system or by coupling to another machine, if such operations may be done safely.
(b) If the total in-service failure of an on-track roadway maintenance machine's primary braking system occurs where other equipment is not available for coupling, the machinemay, if it is safe to do so, travel to a clearance or repair point where it shall be placed out of service until repaired.
214.531
Schedule of repairs; general.
Except as provided in § § 214.527(c)(5), 214.529, and 214.533, an on-track roadway maintenance machine or hi-rail vehicle that does not meet all the requirements of this subpart shall be brought into compliance as soon as practicable within seven calendar days. Ifrepairs are not made within seven calendar days, the on-track roadway maintenance machine or hi-rail vehicle shall be placed out of on-track service.
214.533
Schedule of repairs subject to availability of parts.
(a) The employer shall order a part necessary to repair a non-complying condition on an on-track roadway maintenance machine or a hi-rail vehicle by the end of the next business day following the report of the defect.
(b) When the employer cannot repair a non-complying condition as required by § 214.531 because of the temporary unavailability of a necessary part, the employer shall repair the on-track roadway maintenance machine or hi-rail vehicle within seven calendar days after receiving the necessary part. The employer may continue to use the on-track roadway maintenance machine or hi-rail vehicle with a non-complying condition until receiving the necessary part(s) for repair, subject to the requirements of § 214.503. However, if a non-complying condition is not repaired within 30 days following the report of the defect, the employer shall remove the on-track roadway maintenance machine or hi-rail vehicle from on-track service until it is brought into compliance with this subpart.
(c) If the employer fails to order a part necessary to repair the reported non-complying condition, or if it fails to install an available part within the required seven calendar days, the on-track roadway maintenance machine or hi-rail vehicle shall be removed from on-track service until brought into compliance with this subpart.
(d) Each employer shall maintain records pertaining to compliance with this section. Records may be kept on forms provided by the employer or by electronic means. The employer shall retain each record for at least one year, and the records shall be made available for inspection and copying during normal business hours by representatives of FRA and States participating under part 212 of this chapter. The records may be kept on the on-track roadway maintenance machine or hi-rail vehicle or at a location designated by the employer.
214 App A
Appendix A to Part 214 - Schedule of Civil Penalties
Section Violation Willful
-------------------------------------------------------------------------------
Subpart B - Bridge Worker Safety Standards
214.103 Fall protection:
(i) Failure to provide fall protection $5,000 $10,000
(ii) Failure to use fall protection 2,500
214.105 Standards and practices:
(a) General:
(1) Fall protection used for other purposes 2,500 5,000
(2) Failure to remove from service 2,500 5,000
(3) Failure to protect from deterioration 2,500 5,000
(4) Failure to inspect and remove 5,000 10,000
(5) Failure to train 5,000 10,000
(6) Failure to provide for prompt rescue 5,000 10,000
(7) Failure to prevent damage 2,500 5,000
(8) Failure to use proper connectors 2,500 5,000
(9) Failure to use proper anchorages 2,500 5,000
(b) Fall arrest system:
(1)-(17) Failure to provide conforming equipment 2,500 5,000
(c) Safety net systems:
(1) Failure to install close to workplace 2,500 5,000
(2) Failure to provide fall arrest if over 30 feet 5,000 10,000
(3) Failure to provide for unobstructed fall 5,000 10,000
(4) Failure to test 2,500 5,000
(5) Failure to use proper equipment 2,500 5,000
(6) Failure to prevent contact with surface below 5,000 10,000
(7) Failure to properly install 5,000 10,000
(8) Failure to remove defective nets 5,000 10,000
(9) Failure to inspect 5,000 10,000
(10) Failure to remove objects 1,000 2,500
(11)-(13) Failure to use conforming equipment 2,500 10,000
214.107 Working over water:
(a)(i) Failure to provide life vest 5,000 10,000
(ii) Failure to use life vest 1,500
(c) Failure to inspect 2,500 5,000
(e)(i) Failure to provide ring bouys 5,000 10,000
(ii) Failure to use ring bouys 1,500
(f)(i) Failure to provide skiff 1,000 2,500
(ii) Failure to use skiff 1,500
214.109 Scaffolding:
(a)-(f) Failure to provide conforming equipment 2,500 5,000
214.113 Head protection:
(a)(i) Failure to provide 2,500 5,000
(ii) Failure to use 1,500
(b) or (c) Failure to provide conforming equipment 2,500 5,000
214.115 Foot protection:
(a)(i) Failure to require use of 2,500 5,000
(ii) Failure to use 1,500
214.117 Eye and face protection:
(a)(i) Failure to provide 2,500 5,000
(ii) Failure to use 1,500
(b) Failure to use conforming equipment 2,500 5,000
(c) Use of defective equipment 2,500 5,000
(d) Failure to provide for corrective lenses 2,500 5,000
Subpart C-- Roadway Worker Protection Rule
214.303 Railroad on-track safety programs,generally:
(a) Failure of a railroad to implement an 10,000 20,000
On-track Safety Program
(b) On-track Safety Program of a railroad 5,000 10,000
includes no internal monitoring procedure
214.305 Compliance Dates:
Failure of a railroad to comply by the 5,000 10,000
specified dates
214.307 Review and approval of individualon-track safety programs by FRA:
(a)(i) Failure to notify FRA of adoption 1,000 5,000
of On-track Safety Program
(ii) Failure to designate primary person 1,000 2,000
to contact for program review214.309 On-track safety program documents:
(1) On-track Safety Manual not provided to 2,000 5,000
prescribed employees
(2) On-track Safety Program documents 2,000 5,000
issued in fragments214.311 Responsibility of employers:
(b) Roadway worker required by employer to 5,000 10,000
foul a track during an unresolvedchallenge
(c) Roadway workers not provided with 5,000 10,000
written procedure to resolve challenges ofon-track safety procedures
214.313 Responsibility of individualroadway workers:
(b) Roadway worker fouling a track when 1,000
not necessary in the performance of duty
(c) Roadway workerfouling a track without 1,500
ascertaining that provision is made for on-track safety
(d) Roadway worker failing to notify 3,000
employer of determination of improper on-track safety provisions
214.315 Supervision and communication:
(a) Failure of employer to provide job 2,000 10,000
briefing
(b) Incomplete job briefing 2,000 5,000
(c)(i) Failure to designate roadway worker 2,000 5,000
in charge of roadway work group
(c)(ii) Designation of more than one 1,000 2,000
roadway worker in charge of one roadway
work group
(c)(iii) Designation of non-qualified 3,000 6,000
roadway worker in charge of roadway work
group
(d)(i) Failure to notify roadway workers 3,000 6,000
of on-track safety procedures in effect
(d)(ii) Incorrect information provided to 3,000 6,000
roadway workers regarding on-track safety
procedures in effect
(d)(iii) Failure to notify roadway workers 3,000 6,000
of change in on-track safety procedures
(e)(i) Failure of lone worker to 1,500
communicate with designated employee for
daily job briefing
(e)(ii) Failure of employer to provide 3,000 6,000
means for lone worker to receive daily jobbriefing
214.317 On-track safety procedures,generally:
On-track safety rules conflict with this 5,000 10,000
part
214.319 Working limits, generally:
(a) Non-qualified roadway worker in charge 5,000 10,000
of working limits
(b) More than one roadway worker in charge 2,000 5,000
of working limits on the same tracksegment
(c)(1) Working limits released without 5,000 10,000
notifying all affected roadway workers
(c)(2) Working limits released before all 5,000 10,000
affected roadway workers are
otherwise protected
214.321 Exclusive track occupancy:
(b) Improper transmission of authority for 2,000 5,000
exclusive track occupancy
(b)(1) Failure to repeat authority for 1,500
exclusive track occupancy to issuing
employee
(b)(2) Failure to retain possession of 1,000
written authority for exclusive track
occupancy
(b)(3) Failure to record authority for 2,000
exclusive track occupancy when issued
(c) Limits of exclusive track occupancy 2,000 4,000
not identified by proper physical features
(d)(1) Movement authorized into limits of 5,000 10,000
exclusive track occupancy without
authority of roadway worker in charge
(d)(2) Movement authorized within limits 5,000 10,000
of exclusive track occupancy without
authority of roadway worker in charge
(d)(3) Movement within limits of exclusive 5,000 10,000
track occupancy exceeding restricted speed
without authority of roadway worker incharge
214.323 Foul time:
(a) Foul time authority overlapping 5,000 10,000
movement authority of train or equipment
(b) Failure to repeat foul time authority 1,500
to issuing employee214.325 Train coordination:
(a) Train coordination limits established 1,500 4,000
where more than one train is authorized tooperate
(b)(1) Train coordination established with 1,500
train not visible to roadway worker at thetime
(b)(2) Train coordination established with 1,500
moving train
(b)(3) Coordinated train moving without 2,000 5,000
authority of roadway worker in charge
(b)(4) Coordinated train releasing 3,000 6,000
movement authority while working
limits are in effect
214.327 Inaccessible track:
(a) Improper control of entry to 3,000 6,000
inaccessible track
(a)(5) Remotely controlled switch not 3,000 6,000
properly secured by control operator
(b) Train or equipment moving within 3,000 6,000
inaccessible track limits
withoutpermission of roadway worker in charge
(c) Unauthorized train or equipment 2,000 5,000
located within inaccessible track limits
214.329 Train approach warning provided bywatchmen/lookouts:
(a) Failure to give timely warning of 5,000
approaching train
(b)(1) Failure of watchman/lookout to give 3,000
full attention to detecting approach of
train
(b)(2) Assignment of other duties to 3,000 5,000
watchman/lookout
(c) Failure to provide proper warning 2,000 5,000
signal devices
(d) Failure to maintain position to 2,000
receive train approach warning signal
(e) Failure to communicate proper warning 1,500 3,000
signal
(f)(1) Assignment of non-qualified person 3,000 5,000
as watchman/lookout
(f)(2) Non-qualified person accepting 1,500
assignment as watchman/lookout
(g) Failure to properly equip a 2,000 4,000
watchman/lookout
214.331 Definite train location:
(a) Definite train location established 3,000 5,000
where prohibited
(b) Failure to phase out definite train 3,000 5,000
location by required date
(d)(1) Train location information issued 2,000 5,000
by unauthorized person
(d)(2) Failure to include all trains 3,000 5,000
operated on train location list
(d)(5) Failure to clear a by ten minutes 2,000
at the last station at which time
is shown
(d)(6) Train passing station before time 3,000 5,000
shown in train location list
(d)(7) Non-qualified person using definite 2,000 3,000
train location to establish on- track
safety
214.333 Informational line-ups of trains:
(a) Informational line-ups of trains used 3,000 5,000
for on-track safety where prohibited
(b) Informational line-up procedures 5,000 10,000
inadequate to protect roadway workers
(c) Failure to discontinue informational 5,000 10,000
line-ups by required date
214.335 On-track safety procedures forroadway work groups :
(a) Failure to provide on-track safety for 3,000 5,000
a member of a roadway work group
(b) Member of roadway work group fouling a 2,000
track without authority of employee in
charge
(c) Failure to provide train approach 3,000 5,000
warning or working limits on
adjacent track where required
214.337 On-track safety procedures forlone workers:
(b) Failure by employer to permit 5,000 10,000
individual discretion in use of individual
train detection
(c)(1) Individual train detection used by 2,000 4,000
non-qualified employee
(c)(2) Use of individual train detection 2,000
while engaged in heavy or distracting work
(c)(3) Use of individual train detection 2,000
in controlled point or manual interlocking
(c)(4) Use of individual train detection 2,000
with insufficient visibility
(c)(5) Use of individual train detection 2,000
with interfering noise
(c)(6) Use of individual train detection 3,000
while a train is passing
(d) Failure to maintain access to place of 2,000
safety clear of live tracks
(e) Lone worker unable to maintain 2,000
vigilant lookout
(f)(1) Failure to prepare written 1,500
statement of on-track safety
(f)(2) Incomplete written statement of on- 1,000
track safety
(f)(3) Failure to produce written 1,500
statement of on-track safety to FRA
214.339 Audible warning from trains:
(a) Failure to require audible warning 2,000 4,000
from trains
(b) Failure of train to give audible 1,000 3,000
warning where required
214.341 Roadway maintenance machines:
(a) Failure of on-track safety program to 3,000 5,000
include provisions for safety near
roadway maintenance machines
(b) Failure to provide operating 2,000 4,000
instructions
(b)(1) Assignment of non-qualified 2,000 5,000
employee to operate machine
(b)(2) Operator unfamiliar with safety 2,000 5,000
instructions for machine
(b)(3) Roadway worker working with 2,000 5,000
unfamiliar machine
(c) Roadway maintenance machine not clear 3,000 6,000
of passing trains
214.343 Training and qualification,general:
(a)(1) Failure of railroad program to 5,000 10,000
include training provisions
(a)(2) Failure to provide initial training 3,000 6,000
(b) Failure to provide annual training 2,500 5,000
(c) Assignment of non-qualified railroad 4,000 8,000
employees to provide on-track safety
(d)(1) Failure to maintain records of 2,000 4,000
qualifications
(d)(2) Incomplete records of 1,000 3,000
qualifications
(d)(3) Failure to provide records of 2,000 4,000
qualifications to FRA
214.345 Training for all roadway workers
214.347 Training and qualification for
lone workers
214.349 Training and qualification of
watchmen/lookouts
214.351 Training and qualification off
lagmen
214.353 Training and qualification of
roadway workers who provide on-track
safety for roadway work groups
214.355 Training and qualification in
on-track safety for operators of roadway
maintenance machines
Subpart D - On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
214.503 Good-faith challenges; procedures for notification and resolution:
(a) Failure of employee to notify 4,000
employer that the machine or
vehicle does not comply with this
subpart or has a condition inhibiting
safe operation
(b) Roadway worker required to 5,000 10,000
operate machine or vehicle when
good-faith challenge not resolved
(c) Failure of employer to have or 5,000 10,000
follow written procedures to
resolve good-faith challenges
214.505 Required environmental
control and protection systems for
new on-track roadway maintenance
machines with enclosed cabs:
(a) Failure to equip new machines 5,000 10,000
with required systems
(b) Failure of new or existing 5,000 10,000
machines to protect employees
from exposure to air contaminants
(c) Failure of employer to maintain 2,000 4,000
required list of machines or make
list available
(d) Removal of "designated 2,000 4,000
machine" from list before retired or
sold
(e) Personal respiratory protective 5,000 10,000
equipment not provided when
ventilation system fails
(f) Personal respiratory protective 5,000 10,000
equipment fails to meet required
standards
(g) Other new machines with 5,000 10,000
enclosed cabs not equipped with
operable heating and ventilation
systems
(h) Non-enclosed station not 5,000 10,000
equipped with covering, where
feasible
214.507 Required safety equipment
for new on-track roadway
maintenance machines:
(a)(1)-(5) Failure to equip new 5,000 10,000
machine or provide protection as
specified in these paragraphs
(a)(6)-(7) Failure to equip new 2,500 5,000
machine with first-aid kit or
operative and charged fire
extinguisher
(b) Position for operator to stand 5,000 10,000
not properly equipped to provide
safe and secure position
(c) New machine not equipped with 2,500 5,000
accurate speed indicator, as
required.
(d) As-built light weight not 2,500 5,000
conspicuously displayed on new
machine
214.509 Required visual 2,500 5,000
illumination and reflective devices
for new on-track roadway
maintenance machines
214.511 Required audible warning 5,000 10,000
devices for new on-track roadway
maintenance machines
214.513 Retrofitting of existing
on-track roadway maintenance
machines; general:
(a) Failure to provide safe and 5,000 10,000
secure position and protection from
moving parts 2,000 4,000 inside
cab for each roadway worker
transported on machine
(b) Horn or other audible warning 2,500 5,000
device is missing, inoperable, or
has non-compliant triggering
mechanism
(c) Illumination device or portable 2,500 5,000
light missing, inoperable,
improperly secured, or incapable of
illuminating track as required
214.515 Overhead covers for
existing on-track roadway
maintenance machines:
(a) Failure to repair, reinstall, or 5,000 10,000
maintain overhead cover as required
(b) Failure to provide written 2,000 4,000
response to operator's request
within 60 days
214.517 Retrofitting of existing
on-track roadway maintenance
machines manufactured on or after
January 1, 1991:
(a) Failure to equip machine with 5,000 10,000
change-of-direction alarm or
rearward viewing device.
(b) Failure to equip machine with 5,000 10,000
operative heater
(c) Failure to display light weight 2,500 5,000
of machine as required
(d) Failure to equip machine with 5,000 10,000
reflective material, reflective
device, or operable brake lights
(e) Failure to install or replace 5,000 10,000
safety glass as required
(f) Failure to equip machine with 5,000 10,000
turntable restraint device or
warning light as required
214.518 Safe and secure position 5,000 10,000
for riders
214.519 Floors, decks, stairs, and 5,000 10,000
ladders for on-track roadway
maintenance machines
214.521 Flagging equipment for 2,500 5,000
on-track roadway maintenance
machines and hi-rail vehicles
214.523 Hi-rail vehicles:
(a) Failure to inspect hi-rail gear 5,000 10,000
annually
(b) Failure to maintain inspection 2,000 4,000
record or make record available to
FRA
(c) Failure to equip new hi-rail 2,500 5,000
vehicle with alarm and light or
beacon as required
(d)(2) Failure of operator to tag, 2,000 4,000
date or report non-complying
condition
(d)(3) Failure to repair or replace 2,500 5,000
non-complying alarms, lights or
beacons as required
214.525 Towing with on-track 5,000 10,000
roadway maintenance machines or
hi-rail vehicles
214.527 On-track roadway
maintenance machines; inspection
for compliance and schedule for
repairs:
(a) Failure of operator to check 2,000 4,000
on-track roadway maintenance
machine for compliance
(b) Failure of oeprator to tag, date, 2,000 4,000
or report noncomplying condition
(c)(1)-(4) Failure to meet 2,500 5,000
requirements for operating on-track
roadway maintenance machine
with non-complying headlights,
work lights, horn, fire extinguisher,
alarm, warning light, or beacon
(c)(5) Failure to repair or replace 5,000 10,000
defective or missing operator's seat
within required time period
214.529 In-service failure of 5,000 10,000
primary braking system
214.531 Schedule of repairs; general 2,500 5,000
214.533 Schedule of repairs subject
to availability of parts:
(a)-(c) Failure to order necessary 2,500 5,000
part(s), make repair(s), or remove
on-track roadway maintenance
machine or hi-rail vehicle from
service as required
(d) Failure to maintain record or 2,000 4,000
make record available to FRA
1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $27,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.
[61 FR 65959, December 16, 1996; 63 FR 11618, March 10, 1998; 68 FR 44388, July 28, 2003; 69 FR 8834, February 26, 2004; 69 FR 30591, May 28, 2004]
| File Type | application/msword |
| Last Modified By | rbrogan |
| File Modified | 2005-05-27 |
| File Created | 2015-01-28 |