P.L. 110-432 (Section 401; 49 U.S.C.20162)

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

49 USC 20103

note.

Certification.

Deadline.

Regulations.

SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended

by section 210 of this division, is further amended by adding at

the end the following new section:

‘‘§ 20162. Minimum training standards and plans

‘‘(a) IN GENERAL.—The Secretary of Transportation shall, not

later than 1 year after the date of enactment of the Rail Safety

Improvement Act of 2008, establish—

‘‘(1) minimum training standards for each class and craft

of safety-related railroad employee (as defined in section 20102)

and equivalent railroad carrier contractor and subcontractor

employees, which shall require railroad carriers, contractors,

and subcontractors to qualify or otherwise document the proficiency

of such employees in each such class and craft

regarding their knowledge of, and ability to comply with, Federal

railroad safety laws and regulations and railroad carrier

rules and procedures promulgated to implement those Federal

railroad safety laws and regulations;

‘‘(2) a requirement that railroad carriers, contractors, and

subcontractors develop and submit training and qualification

plans to the Secretary for approval, including training programs

and information deemed necessary by the Secretary to ensure

that all safety-related railroad employees receive appropriate

training in a timely manner; and

‘‘(3) a minimum training curriculum, and ongoing training

criteria, testing, and skills evaluation measures to ensure that

safety-related railroad employees, and contractor and subcontractor

employees, charged with the inspection of track or railroad

equipment are qualified to assess railroad compliance

with Federal standards to identify defective conditions and

initiate immediate remedial action to correct critical safety

defects that are known to contribute to derailments, accidents,

incidents, or injuries, and, in implementing the requirements

of this paragraph, take into consideration existing training

programs of railroad carriers.

‘‘(b) APPROVAL.—The Secretary shall review and approve the

plans required under subsection (a)(2) utilizing an approval process

required for programs to certify the qualification of locomotive engineers

pursuant to part 240 of title 49, Code of Federal Regulations.

‘‘(c) EXEMPTION.—The Secretary may exempt railroad carriers

and railroad carrier contractors and subcontractors from submitting

training plans for which the Secretary has issued training regulations

before the date of enactment of the Rail Safety Improvement

Act of 2008.’’.

(b) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 210 of this division, is amended

by inserting after the item relating to section 20161 the following:

‘‘20162. Minimum training standards and plans.’’.

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