RWP NPRM Overview April 2024

Notice of Proposed
Rulemaking:
Rail Transit Roadway
Worker Protection
April 2024

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Purpose and Agenda
The purpose of this session is to review the Rail
Transit Roadway Worker Protection (49 CFR part
671) Notice of Proposed Rulemaking (NPRM).

Webinar Agenda:
1. Rail Transit Roadway Worker Protection (RWP)
Background
2. RWP Overview

3. RWP NPRM Structure
4. RWP Timeline
5. Public Comment Information
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RWP Overview
The RWP Rule (49 CFR part 671) would establish minimum RWP safety
standards to prevent accidents, incidents, fatalities, and injuries to transit
workers who may access the roadway in the performance of their work.
Key Stakeholders:
Rail Transit Workers and Representative Labor Organizations
Rail Transit Agencies (RTAs) that operate Rail Fixed Guideway Public Transportation
Systems
State Safety Oversight Agencies (SSOAs) responsible for overseeing those rail
systems
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RWP NPRM Overview

Proposes baseline
RWP protections for
workers across all
RTAs overseen by
FTA

4

Proposes to
support flexibility in
building a
compliant program
commensurate with
agency size and
complexity

Proposes a specific
role for SSOAs

to require
AProposes
large public
RTAs and
to use their
sector
safety management
managed
services
systems provides
(SMS) to
business
buildrevenue
on Federal
strong
standards
and
visibility,
a large
determine
pipeline
and
additional
stability
mitigations

Part 671 – Structure
Subpart A – General

Subpart B – RWP Program and Manual
Subpart C – Responsibilities
Subpart D – Required RWP Program Elements
Subpart E – Recordkeeping

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Subpart A – General
§ 671.1 Applicability
•

FTA proposes that this regulation would apply to:
o SSOAs
o RTAs that receive Federal financial assistance authorized under 49 U.S.C.
Chapter 53
o Transit workers who must access the roadway

FTA proposes this regulation would not apply to rail systems subject to the
safety jurisdiction of the Federal Railroad Administration

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Subpart A – General
§ 671.3 Policy –FTA proposes to highlight that this regulation establishes
minimum RWP safety standards to prevent accidents, incidents, fatalities, and
injuries to transit workers who may access the roadway in the performance of
their work
• FTA proposes that RTAs must integrate these activities into their agency’s SMS
FTA proposes that each RTA and SSOA may prescribe additional
requirements for the RWP program, as long as they are consistent with
part 671
§ 671.5 Definitions – FTA proposes to define terms used in this part to establish
a standard RWP vocabulary.

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Subpart B – RWP Program and Manual
§ 671.11 RWP program – FTA proposes that RTAs must adopt and implement an
RWP program, including:

•
•
•
•

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RWP manual that documents the program and defines responsibilities
Risk-based redundant protections
RWP training and qualification program
RWP compliance monitoring program

Subpart B – RWP Program and Manual
§ 671.13 RWP manual – FTA proposes that RTAs must create, maintain, and
distribute a dedicated RWP manual – to be reviewed and updated every 2 years –
that includes:

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•

Terminology used to describe all elements of the RWP program

•

Defined responsibilities

•

Required training, qualification, and supervision

•

Processes and procedures for all rail transit workers who may access the track
zone
FTA proposes that the RWP manual must include or incorporate by reference a
track access guide that includes:
• Track locations where clearance may be a concern
• Curves and track locations with limited or no visibility
• Portals with restricted views
• Other locations with access considerations

Subpart C – Responsibilities
§ 671.23 Transit workers – FTA proposes that transit workers must:
•

Follow the requirements of the RTA’s RWP program

•

Not foul the track unless necessary and only to do so with permission and
protections specified in the RWP manual
Understand and acknowledge in writing the on-track safety provided before
accessing the roadway or track zone

•
•

Report unsafe acts and conditions and near misses
FTA proposes that transit workers may refuse to foul the track under a
good faith challenge

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Subpart C – Responsibilities
§ 671.21 Rail transit agency – FTA proposes that RTAs must establish procedures to:
•

Provide ample time and determine sight distance

•

Prohibit using individual train detection as the only form of protection

•

Provide job safety briefings and the right to good faith challenges to workers

•

Require reporting of unsafe acts and conditions, and near-misses on the roadway

•

Ensure workers understand, are qualified in, and comply with the RWP program
FTA proposes that RTAs must establish protections, including:
• Required equipment and credentials for accessing the roadway or track zone
• Required protections for emergency response personnel and for multiple
work groups within a common area

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Subpart C – Responsibilities
§ 671.25 State Safety Oversight Agency –FTA proposes that SSOAs must:

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•

Review and approve RWP program elements and program manual for each RTA
under their jurisdiction. Initial approval must be completed within 90 days of
receipt of the program.

•

Review and approve any subsequent updates to RWP program elements

•

Submit all approved RWP program elements, and any subsequent updates, to
FTA within 30 days of approval

•

Monitor the RWP program for each RTA within its jurisdiction

•

Conduct an annual audit of the RTA’s compliance with its RWP program and
require corrective action as appropriate

Subpart D – Required RWP Program Elements
§ 671.31 Roadway worker in charge – FTA proposes
that RTAs must designate one roadway worker in
charge for each roadway work group, who must:

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•

Be qualified under the RTA’s RWP program

•

Provide on-track safety for all members of the
roadway work group

•

Provide a job safety briefing before any member of
the group fouls a track, when any of the on-track
safety procedures change, and/or following a
violation of on-track safety protections

Subpart D – Required RWP Program Elements
§ 671.33 Job safety briefing – FTA proposes that the job safety briefing must
include, as appropriate:
• A discussion of the work to be performed
• Working limits, safety information about adjacent tracks, and identification of
equipment that will foul the tracks, and how track safety is being provided
• Hazards involved in performing the work
• Communication roles and responsibilities
• Identity and location of key personnel, including the roadway worker in charge
• Required personal protective equipment and designated place(s) of safety
• A follow up safety briefing must be conducted if there is any change in scope of
work, change in work group, or if any violation of on-track safety is observed
FTA proposes that the roadway worker in charge must confirm that each
worker understands the content and acknowledges the briefing in writing.
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Subpart D – Required RWP Program Elements
§ 671.35 Lone worker – FTA proposes that RTAs must:
•

Require lone workers to be qualified as a roadway worker in charge and a lone
worker under the RTA’s training and qualification program

•

Only allow lone workers to perform limited work in limited locations

•

Prohibit lone workers using individual rail transit vehicle detection

•

Require lone workers to communicate with a supervisor or other designated
employee to receive an on-track safety briefing
FTA has proposed to define Lone worker to mean an individual roadway worker
who is not afforded on-track safety by another roadway worker, who is not a
member of a roadway work group, and who is not engaged in a common task
with another roadway worker

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Subpart D – Required RWP Program Elements
§ 671.37 Good faith safety challenge – FTA proposes that RTAs must:

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•

Document their procedures that provide the right to challenge

•

Allow workers to refuse, in good faith, any RWP assignment a worker believes
is unsafe or in violation of the RTA’s RWP program

Subpart D – Required RWP Program Elements
§ 671.39 Risk-based redundant protections – FTA proposes that RTAs must:

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•

Identify and provide procedural and/or physical redundant protections as part
of a risk-based assessment

•

Review and update this assessment biennially at a minimum

Subpart D – Required RWP Program Elements
§ 671.41 RWP training and qualification program – FTA proposes
that RTAs must adopt an RWP training program, which must:
•

Address all transit workers, by position, responsible for on-track
safety

•

Include interactive training with opportunities for discussions
and to ask the trainers questions.

•

Include RWP hazard recognition and mitigation, and lessons
learned

•

Include initial and refresher training, by position
o
o
o

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Initial training must include experience in a representative field setting
Refresher training must occur biennially at a minimum
Both initial and refresher training must include worker demonstrations
and trainer assessments of the worker’s ability

Subpart D – Required RWP Program Elements
§ 671.41 RWP training and qualification program (continued)
•

FTA proposes that the RWP training program must cover:
•
•
•
•
•
•

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How to understand and use the RWP manual and track access guide
Good faith safety challenges and reporting unsafe acts and conditions and nearmisses
Functions and responsibilities of workers involved in on-track safety
How to carry out on-track safety instructions and how to cross tracks
Signals and protection rules and procedures, as appropriate
Hazards associated with working on or near tracks

•

The proposed RWP training program must include specialized training and
qualification for transit workers with additional responsibilities for on-track safety

•

FTA proposes that RTAs must ensure RWP trainers are competent to provide
effective RWP training

Subpart D – Required RWP Program Elements
§ 671.43 RWP compliance monitoring program – FTA proposes that RTAs must
adopt a program for assessing compliance with the requirements of its RWP
program, including:

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•

Inspections, observations, and audits consistent with the RTA’s Agency Safety
Plan and the SSOA’s Program Standard

•

Monthly reports to the SSOA documenting their compliance with and
sufficiency of the RWP program

•

Annual briefing to the Accountable Executive and Board of Directors regarding
RWP program performance and any identified deficiencies

Subpart E – Recordkeeping
§ 671.51 Recordkeeping – FTA proposes that RTAs
must maintain the documents that set forth their RWP
program for a minimum of three years

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•

This includes documents related to implementation
and results of RWP program procedures, processes,
training, and activities

•

These documents must be made available upon
request by the FTA or other Federal entity, or an
SSOA having jurisdiction

RWP Timeline
FTA publishes RWP
NPRM in Federal
Register

End of public review
and comment
period

FTA publishes RWP
final rule in Federal
Register

March 25, 2024

May 24, 2024

TBD

Public comment and review
period

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FTA reviews and considers
public comments

Public Review and Comment
FTA has published the RWP NPRM on federalregister.gov
for notice and comment.
Docket Number: FTA-2023-0024

Tips For Submitting Effective Comments, published
by Regulations.gov, offers tips that help the public submit
impactful comments and that help agency policy makers
improve federal regulations.

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Open for
Comment from
March 25 –
May 24, 2024

Thank you!
Mia Veltri
(202) 366 - 5094
[email protected]