cfr_sections
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65 rows where part_number = 214 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:4.1.1.1.9.1.5.1 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | A | Subpart A—General | § 214.1 Purpose and scope. | FRA | (a) The purpose of this part is to prevent accidents and casualties to employees involved in certain railroad inspection, maintenance and construction activities. (b) This part prescribes minimum Federal safety standards for the railroad workplace safety subjects addressed herein. This part does not restrict a railroad or railroad contractor from adopting and enforcing additional or more stringent requirements not inconsistent with this part. | |||||
| 49:49:4.1.1.1.9.1.5.2 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | A | Subpart A—General | § 214.3 Application. | FRA | This part applies to railroads that operate rolling equipment on track that is part of the general railroad system of transportation. | |||||
| 49:49:4.1.1.1.9.1.5.3 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | A | Subpart A—General | § 214.5 Responsibility for compliance. | FRA | [90 FR 28138, July 1, 2025] | (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. (b) “Person” means an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor. (c) See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. | ||||
| 49:49:4.1.1.1.9.1.5.4 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | A | Subpart A—General | § 214.7 Definitions. | FRA | [57 FR 28127, June 24, 1992, as amended at 61 FR 65975, Dec. 16, 1996; 67 FR 1906, Jan. 15, 2002; 68 FR 44407, July 28, 2003; 76 FR 74614, Nov. 30, 2011; 79 FR 66500, Nov. 7, 2014; 81 FR 37884, June 10, 2016] | Unless otherwise provided, as used in this part— Adjacent tracks mean two or more tracks with track centers spaced less than 25 feet apart. Anchorage means a secure point of attachment for lifelines, lanyards or deceleration devices that is independent of the means of supporting or suspending the employee. Body belt means a strap that can be secured around the waist or body and attached to a lanyard, lifeline, or deceleration device. Body harness means a device with straps that is secured about the person in a manner so as to distribute the fall arrest forces over (at least) the thighs, shoulders, pelvis, waist, and chest and that can be attached to a lanyard, lifeline, or deceleration device. Class I, Class II, and Class III have the meaning assigned by, Title 49 Code of Federal Regulations part 1201, General Instructions 1-1. Competent person means one who is capable of identifying existing and predictable hazards in the workplace and who is authorized to take prompt corrective measures to eliminate them. Control operator means the railroad employee in charge of a remotely controlled switch or derail, an interlocking, or a controlled point, or a segment of controlled track. Controlled point means a location where signals and/or other functions of a traffic control system are controlled from the control machine. Controlled track means track upon which the railroad's operating rules require that all movements of trains must be authorized by a train dispatcher or a control operator. Deceleration device means any mechanism, including, but not limited to, rope grabs, ripstitch lanyards, specially woven lanyards, tearing or deforming lanyards, and automatic self-retracting lifelines/lanyards that serve to dissipate a substantial amount of energy during a fall arrest, or otherwise limit the energy on a person during fall arrest. Definite train location means a system for establishing on-track safety by providing roadway workers with information about the earliest possible time that approaching tr… | ||||
| 49:49:4.1.1.1.9.2.5.1 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.101 Purpose and scope. | FRA | (a) The purpose of this subpart is to prevent accidents and casualties arising from the performance of work on railroad bridges. (b) This subpart prescribes minimum railroad safety rules for railroad employees performing work on bridges. Each railroad and railroad contractor may prescribe additional or more stringent operating rules, safety rules, and other special instructions not inconsistent with this subpart. (c) These provisions apply to all railroad employees, railroads, and railroad contractors performing work on railroad bridges. (d) Any working conditions involving the protection of railroad employees working on railroad bridges not within the subject matter addressed by this chapter, including respiratory protection, hazard communication, hearing protection, welding and lead exposure standards, shall be governed by the regulations of the U.S. Department of Labor, Occupational Safety and Health Administration. | |||||
| 49:49:4.1.1.1.9.2.5.2 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.103 Fall protection, generally. | FRA | [67 FR 1906, Jan. 15, 2002] | (a) Except as provided in paragraphs (b) through (d) of this section, when bridge workers work twelve feet or more above the ground or water surface, they shall be provided and shall use a personal fall arrest system or safety net system. All fall protection systems required by this section shall conform to the standards set forth in § 214.105 of this subpart. (b)(1) This section shall not apply if the installation of the fall arrest system poses a greater risk than the work to be performed. In any action brought by FRA to enforce the fall protection requirements, the railroad or railroad contractor shall have the burden of proving that the installation of such device poses greater exposure to risk than performance of the work itself. (2) This section shall not apply to bridge workers engaged in inspection of railroad bridges conducted in full compliance with the following conditions: (i) The railroad or railroad contractor has a written program in place that requires training in, adherence to, and use of safe procedures associated with climbing techniques and procedures to be used; (ii) The bridge worker to whom this exception applies has been trained and qualified according to that program to perform bridge inspections, has been previously and voluntarily designated to perform inspections under the provision of that program, and has accepted the designation; (iii) The bridge worker to whom this exception applies is familiar with the appropriate climbing techniques associated with all bridge structures the bridge worker is responsible for inspecting; (iv) The bridge worker to whom this exception applies is engaged solely in moving on or about the bridge or observing, measuring and recording the dimensions and condition of the bridge and its components; and (v) The bridge worker to whom this section applies is provided all equipment necessary to meet the needs of safety, including any specialized alternative systems required. (c) This section shall not apply where bridge workers are working on a railroad … | ||||
| 49:49:4.1.1.1.9.2.5.3 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.105 Fall protection systems standards and practices. | FRA | [67 FR 1906, Jan. 15, 2002; 67 FR 11055, Mar. 12, 2002] | (a) General requirements. All fall protection systems required by this subpart shall conform to the following: (1) Fall protection systems shall be used only for personal fall protection. (2) Any fall protection system subjected to impact loading shall be immediately and permanently removed from service unless fully inspected and determined by a competent person to be undamaged and suitable for reuse. (3) All fall protection system components shall be protected from abrasions, corrosion, or any other form of deterioration. (4) All fall protection system components shall be inspected prior to each use for wear, damage, corrosion, mildew, and other deterioration. Defective components shall be permanently removed from service. (5) Prior to use and after any component or system is changed, bridge workers shall be trained in the application limits of the equipment, proper hook-up, anchoring and tie-off techniques, methods of use, and proper methods of equipment inspection and storage. (6) The railroad or railroad contractor shall provide for prompt rescue of bridge workers in the event of a fall. (7) Connectors shall have a corrosion-resistant finish, and all surfaces and edges shall be smooth to prevent damage to interfacing parts of the system. (8) Connectors shall be drop forged, pressed or formed steel, or made of equivalent-strength materials. (9) Anchorages, including single- and double-head anchors, shall be capable of supporting at least 5,000 pounds per bridge worker attached, or shall be designed, installed, and used under supervision of a qualified person as part of a complete personal fall protection system that maintains a safety factor of at least two. (b) Personal fall arrest systems. All components of a personal fall arrest system shall conform to the following standards: (1) Lanyards and vertical lifelines that tie off one bridge worker shall have a minimum breaking strength of 5,000 pounds. (2) Self-retracting lifelines and lanyards that automatically limit free fall distance to two f… | ||||
| 49:49:4.1.1.1.9.2.5.4 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.107 Working over or adjacent to water. | FRA | [70 FR 7050, Feb. 10, 2005] | (a) Bridge workers working over or adjacent to water with a depth of four feet or more, or where the danger of drowning exists, shall be provided and shall use life vests or buoyant work vests in compliance with U.S. Coast Guard requirements in 46 CFR 160.047, 160.052, and 160.053. Life preservers in compliance with U.S. Coast Guard requirements in 46 CFR 160.055 shall also be within ready access. This section shall not apply to bridge workers using personal fall arrest systems or safety nets that comply with this subpart or to bridge workers who are working under the provisions of § 214.103(b)(2), (c) or (d) of this subpart. (b) Prior to each use, all flotation devices shall be inspected for defects that reduce their strength or buoyancy by designated individuals trained by the railroad or railroad contractor. Defective units shall not be used. (c) Where life vests are required by paragraph (a) of this section, ring buoys with at least 90 feet of line shall be provided and readily available for emergency rescue operations. Distance between ring buoys shall not exceed 200 feet. (d) Where life vests are required, at least one lifesaving skiff, inflatable boat, or equivalent device shall be immediately available. If it is determined by a competent person that environmental conditions, including weather, water speed, and terrain, merit additional protection, the skiff or boat shall be manned. | ||||
| 49:49:4.1.1.1.9.2.5.5 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.109 Scaffolding. | FRA | (a) Scaffolding used in connection with railroad bridge maintenance, inspection, testing, and construction shall be constructed and maintained in a safe condition and meet the following minimum requirements: (1) Each scaffold and scaffold component, except suspension ropes and guardrail systems, but including footings and anchorage, shall be capable of supporting, without failure, its own weight and at least four times the maximum intended load applied or transmitted to that scaffold or scaffold component. (2) Guardrail systems shall be capable of withstanding, without failure, a force of at least 200 pounds applied within two inches of the top edge, in any outward or downward direction, at any point along the top edge. (3) Top edge height of toprails, or equivalent guardrail system member, shall be 42 inches, plus or minus three inches. Supports shall be at intervals not to exceed eight feet. Toeboards shall be a minimum of four inches in height. (4) Midrails, screens, mesh, intermediate vertical members, solid panels, and equivalent structural members shall be capable of withstanding, without failure, a force of at least 150 pounds applied in any downward or outward direction at any point along the midrail or other member. (5) Midrails shall be installed at a height midway between the top edge of the guardrail system and the walking/working level. (b) Scaffolds shall not be altered or moved while they are occupied. This paragraph does not apply to vertical movements of mobile scaffolds that are designed to move vertically while occupied. (c) An access ladder or equivalent safe access shall be provided. (d) All exposed surfaces shall be prepared and cleared to prevent injury due to laceration, puncture, tripping, or falling hazard. (e) All scaffold design, construction, and repair shall be completed by competent individuals trained and knowledgeable about design criteria, intended use, structural limitations, and procedures for proper repair. (f) Manually propelled mobile ladder stands and scaffolds sh… | |||||
| 49:49:4.1.1.1.9.2.5.6 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.111 Personal protective equipment, generally. | FRA | [67 FR 1908, Jan. 15, 2002] | With the exception of foot protection, the railroad or railroad contractor shall provide and the bridge worker shall use appropriate personal protective equipment described in this subpart in all operations where there is exposure to hazardous conditions, or where this subpart indicates the need for using such equipment to reduce the hazards to railroad bridge workers. The railroad or railroad contractor shall require the use of foot protection when the potential for foot injury exists. | ||||
| 49:49:4.1.1.1.9.2.5.7 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.113 Head protection. | FRA | [67 FR 1908, Jan. 15, 2002, as amended at 74 FR 25172, May 27, 2009; 81 FR 37884, June 10, 2016] | (a) Railroad bridge workers working in areas where there is a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns, shall be provided and shall wear protective helmets. (b) Helmets required by this section shall conform to the requirements of 29 CFR 1910.135(b), as established by the U.S. Department of Labor, Occupational Safety and Health Administration. | ||||
| 49:49:4.1.1.1.9.2.5.8 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.115 Foot protection. | FRA | [67 FR 1908, Jan. 15, 2002, as amended at 74 FR 25172, May 27, 2009; 81 FR 37885, June 10, 2016] | (a) The railroad or railroad contractor shall require railroad bridge workers to wear foot protection equipment when potential foot injury may result from impact, falling or flying objects, electrical shock or burns, or other hazardous condition. (b) Foot protection equipment required by this section shall conform to the requirements of 29 CFR 1910.136(b), as established by the U.S. Department of Labor, Occupational Safety and Health Administration. | ||||
| 49:49:4.1.1.1.9.2.5.9 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | B | Subpart B—Bridge Worker Safety Standards | § 214.117 Eye and face protection. | FRA | [67 FR 1908, Jan. 15, 2002; 67 FR 11055, Mar. 12, 2002, as amended at 74 FR 25172, May 27, 2009; 81 FR 37885, June 10, 2016] | (a) Railroad bridge workers shall be provided and shall wear eye and face protection equipment when potential eye or face injury may result from physical, chemical, or radiant agents. (b) Eye and face protection equipment required by this section shall conform to the requirements of 29 CFR 1910.133(b), as established by the U.S. Department of Labor, Occupational Safety and Health Administration. (c) Face and eye protection equipment required by this section shall be kept clean and in good repair. Use of equipment with structural or optical defects is prohibited. (d) Railroad bridge workers whose vision requires the use of corrective lenses, when required by this section to wear eye protection, shall be protected by goggles or spectacles of one of the following types: (i) Spectacles whose protective lenses provide optical correction the, frame of which includes shielding against objects reaching the wearer's eyes around the lenses; (ii) Goggles that can be worn over corrective lenses without disturbing the adjustment of the lenses; or (iii) Goggles that incorporate corrective lenses mounted behind the protective lenses. | ||||
| 49:49:4.1.1.1.9.3.5.1 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.301 Purpose and scope. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37885, June 10, 2016] | (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. Except as provided for in § 214.320, 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. | ||||
| 49:49:4.1.1.1.9.3.5.10 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.317 On-track safety procedures, generally. | FRA | [81 FR 37885, June 10, 2016] | (a) 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. (b) Roadway workers may walk across any track provided that they can safely be across and clear of the track before a train or other on-track equipment would arrive at the crossing point under the following circumstances: (1) Employers shall adopt, and roadway workers shall comply with, applicable railroad safety rules governing how to determine that it is safe to cross the track before starting across; (2) Roadway workers shall move directly and promptly across the track; and (3) On-track safety protection is in place for all roadway workers who are actually engaged in work, including inspection, construction, maintenance or repair, and extending to carrying tools or material that restricts motion, impairs sight or hearing, or prevents an employee from detecting and moving rapidly away from an approaching train or other on-track equipment. (c) On non-controlled track, on-track roadway maintenance machines engaged in weed spraying or snow removal may proceed under the provisions of § 214.301(c), under the following conditions: (1) Each railroad shall establish and comply with an operating procedure for on-track snow removal and weed spray equipment to ensure that: (i) All on-track movements in the affected area are informed of such operations; (ii) All on-track movements shall operate at restricted speed as defined in § 214.7, except on other than yard tracks and yard switching leads, where all on-track movements shall operate prepared to stop within one-half the range of vision but not exceeding 25 mph; (iii) A means for communication between the on-track equipment and other on-track movements is provided; and (iv) Remotely controlled hump yard facility operations are not in effect, and kicking of cars is prohibited unless agreed to by the roadway worker … | ||||
| 49:49:4.1.1.1.9.3.5.11 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.318 Locomotive servicing and car shop repair track areas. | FRA | [81 FR 31886, June 10, 2016] | (a) In lieu of the requirements of this subpart, workers (as defined by § 218.5 of this chapter) within the limits of locomotive servicing and car shop repair track areas (as both are defined by § 218.5 of this chapter) may utilize procedures established by a railroad in accordance with part 218, subpart B, of this chapter (Blue Signal Protection) to perform duties incidental to inspecting, testing, servicing, or repairing rolling equipment when those incidental duties involve fouling a track that is protected by Blue Signal Protection. A railroad utilizing Blue Signal Protection in lieu of the requirements of this subpart must have rules in effect governing the applicability of those protections to the incidental duties being performed. (b) Paragraph (a) of this section applies to employees of a contractor to a railroad if such incidental duties are performed under the supervision of a railroad employee qualified (as defined by § 217.4 of this chapter) on the railroad's rules and procedures implementing the Blue Signal Protection requirements. (c) Any work performed within the limits of a locomotive servicing or car shop repair track area with the potential of fouling a track which requires a person qualified under § 213.7 of this chapter to be present to inspect or supervise such work must be performed in accordance with the requirements of this subpart. | ||||
| 49:49:4.1.1.1.9.3.5.12 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.319 Working limits, generally. | FRA | [81 FR 37886, June 10, 2016] | Working limits established on controlled track shall conform to the provisions of § 214.321 Exclusive track occupancy, § 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. (a) Working limits established under any procedure shall, in addition, conform to the following provisions: (1) Only a roadway worker in charge who is qualified in accordance with § 214.353 shall establish or have control over working limits for the purpose of establishing on-track safety. (2) Only one roadway worker in charge who is qualified in accordance with § 214.353 shall have control over working limits on any one segment of track. (3) 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. (b) Each Class I or Class II railroad or each railroad providing regularly scheduled intercity or commuter rail passenger transportation that utilizes controlled track working limits as a form of on-track safety (under §§ 214.321 through 214.323) in signalized territory shall: (1) By July 1, 2017, evaluate its on-track safety program and identify an appropriate method(s) of providing redundant signal protections for roadway work groups who depend on a train dispatcher or control operator to provide signal protection in establishing controlled track working limits. For purposes of this section, redundant signal protections means risk mitigation measures or safety redundancies adopted to ensure the proper establishment and maintenance of signal protections for controlled track working limits until such working limits are released by the roadway worker in charge. Appropriate redundant protections could include the use of various risk mitigation measures (or a combination of risk mitigat… | ||||
| 49:49:4.1.1.1.9.3.5.13 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.320 Roadway maintenance machine movements over signalized non-controlled track. | FRA | [81 FR 37887, June 10, 2016] | Working limits must be established for roadway maintenance machine movements on non-controlled track equipped with automatic block signal systems over which trains are permitted to exceed restricted speed (for purposes of this section, on-track movements prepared to stop within on-half the range of vision but not exceeding 25 mph). This section applies unless the railroad's operating rules protect the movements of roadway maintenance machines in a manner equivalent to that provided for by limiting all train and locomotive movements to restricted speed, and such equivalent level of protection is first approved in writing by FRA's Associate Administrator for Railroad Safety and Chief Safety Officer. | ||||
| 49:49:4.1.1.1.9.3.5.14 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.321 Exclusive track occupancy. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37887 June 10, 2016] | 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 in charge 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 in charge 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. A data transmission of an authority displayed on an electronic screen may be used as a substitute for a written or printed document required under this paragraph. Electronic displays of authority shall comply with the requirements of § 214.322. (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. (4) An authority shall specify a unique roadway work group number, … | ||||
| 49:49:4.1.1.1.9.3.5.15 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.322 Exclusive track occupancy, electronic display. | FRA | [81 FR 37888, June 10, 2016, as amended at 87 FR 15143, Mar. 17, 2022] | (a) While it is in effect, all the contents of an authority electronically displayed shall be readily viewable by the roadway worker in charge that is using the authority to provide on-track safety for a roadway work group. (b) If the electronic display device malfunctions, fails, or cannot display an authority while it is in effect, the roadway worker in charge shall either obtain a written or printed copy of the authority in accordance with § 214.321 (except that on-track roadway maintenance machine and hi-rail movements must stop) or establish another form of on-track safety without delay. In the event that a written or printed copy of the authority cannot be obtained or another form of on-track safety cannot be established after failure of an electronic display device, the roadway worker in charge shall instruct all roadway workers to stop work and occupy a place of safety and conduct an on-track safety job briefing to determine the safe course of action with the roadway work group. (c) All authorized users of an electronic display system shall be uniquely identified to support individual accountability. A user may be a person, a process, or some other system that accesses or attempts to access an electronic display system to perform tasks or process an authority. (d) All authorized users of an electronic display system must be authenticated prior to being granted access to such system. The system shall ensure the confidentiality and integrity of all internally stored authentication data and protect it from access by unauthorized users. The authentication scheme shall utilize algorithms approved by the National Institute of Standards and Technology (NIST), or any similarly recognized and FRA approved standards body. (e) The integrity of all data must be ensured during transmission/reception, processing, and storage. All new electronic display systems implemented on or after July 1, 2017 shall utilize a Message Authentication Code (MAC) to ensure that all data is error free. The MAC shall utilize algorithm… | ||||
| 49:49:4.1.1.1.9.3.5.16 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.323 Foul time. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016] | 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 or other on-track equipment to move into or within the working limits during the foul time period. (b) Each roadway worker in charge to whom foul time is transmitted orally shall repeat the track number or identifier, 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 into working limits protected by foul time until the roadway worker in charge who obtained the foul time has reported clear of the track. (d) The roadway worker in charge shall not permit the movement of trains or other on-track equipment into or within working limits protected by foul time. | ||||
| 49:49:4.1.1.1.9.3.5.17 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.325 Train coordination. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016] | Working limits established on controlled track by a roadway worker in charge 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. | ||||
| 49:49:4.1.1.1.9.3.5.18 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.327 Inaccessible track. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37888, June 10, 2016] | (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. (6) A locomotive with or without cars placed to prevent access to the working limits at one or more points of entry to the working limits, provided the following conditions are met: (i) The roadway worker in charge who is responsible for establishing working limits communicates with a member of the crew assigned to the locomotive and determines that: (A) The locomotive is visible to the roadway worker in charge that is establishing the working limits; and (B) The locomotive is stopped. (ii) Further movements of… | ||||
| 49:49:4.1.1.1.9.3.5.19 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.329 Train approach warning provided by watchmen/lookouts. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | 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 authorized speed on that track can pass the location of the roadway worker. The place of safety to be occupied upon the approach of a train may not be on a track, unless working limits are established on that track. (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 p… | ||||
| 49:49:4.1.1.1.9.3.5.2 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.302 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.9.3.5.20 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.331 Definite train location. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | 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 whic… | ||||
| 49:49:4.1.1.1.9.3.5.21 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.333 Informational line-ups of trains. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | (a) 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 discontinue such use by June 12, 2017. | ||||
| 49:49:4.1.1.1.9.3.5.22 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.335 On-track safety procedures for roadway work groups, general. | FRA | [81 FR 37889, June 12, 2016] | (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, § 214.323, § 214.325, § 214.327, § 214.329, § 214.331, or § 214.336. (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 in charge of the roadway work group that on-track safety is provided. | ||||
| 49:49:4.1.1.1.9.3.5.23 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.336 On-track safety procedures for certain roadway work groups and adjacent tracks. | FRA | [76 FR 74615, Nov. 30, 2011, as amended at 79 FR 1766, Jan. 10, 2014] | (a) Procedures; general. (1) General rule. Except as provided in paragraph (e) of this section, on-track safety is required for each adjacent controlled track when a roadway work group with at least one of the roadway workers on the ground is engaged in a common task with on-track, self-propelled equipment or coupled equipment on an occupied track. The required on-track safety shall be established through § 214.319 (Working limits, generally) or § 214.329 (Train approach warning provided by watchmen/lookouts) and as more specifically described in this section. (2) Special circumstance arising in territories with at least three tracks, if an occupied track is between two adjacent controlled tracks. If an occupied track has two adjacent controlled tracks, and one of these adjacent controlled tracks has one or more train or other on-track equipment movements authorized or permitted at a speed of 25 mph or less (or 40 mph or less for one or more passenger train or other passenger on-track equipment movements), and the other adjacent controlled track has one or more concurrent train or other on-track equipment movements authorized or permitted at a speed over 25 mph (or over 40 mph for one or more passenger train or other passenger on-track equipment movements), the more restrictive procedures in paragraph (b) of this section apply. (3) Definitions. As used in this section— Adjacent controlled track means a controlled track whose track center is spaced 19 feet or less from the track center of the occupied track. Adjacent track means a controlled or non-controlled track whose track center is spaced less than 25 feet from the track center of the occupied track. Inter-track barrier means a continuous barrier of a permanent or semi-permanent nature that spans the entire work area, that is at least four feet in height, and that is of sufficient strength to prevent a roadway worker from fouling the adjacent track. Minor correction means one or more repairs of a minor nature, including, but not limited to, … | ||||
| 49:49:4.1.1.1.9.3.5.24 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.337 On-track safety procedures for lone workers. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | (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 (except those consisting of signals only), 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) … | ||||
| 49:49:4.1.1.1.9.3.5.25 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.339 Audible warning from trains. | FRA | [81 FR 37889, June 10, 2016] | (a) Each railroad shall have in effect and comply with written procedures that prescribe effective requirements for audible warning by horn and/or bell for trains and locomotives approaching any roadway workers or roadway maintenance machines that are either on the track on which the movement is occurring, or about the track if the roadway workers or roadway maintenance machines are at risk of fouling the track. At a minimum, such written procedures shall address: (1) Initial horn warning; (2) Subsequent warning(s); and (3) Alternative warnings in areas where sounding the horn adversely affects roadway workers ( e.g., in tunnels and terminals). (b) Such audible warning shall not substitute for on-track safety procedures prescribed in this part. | ||||
| 49:49:4.1.1.1.9.3.5.26 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.341 Roadway maintenance machines. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 79 FR 66501, Nov. 7, 2014] | (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 knowledge of the safety instructions applicable to that machine. For purposes of this paragraph, the safety instructions applicable to that machine means: (i) The manufacturer's instruction manual for that machine; or (ii) The safety instructions developed to replace the manufacturer's safety instructions when the machine has been adapted for a specific railroad use. Such instructions shall address all aspects of the safe operation of the crane and shall be as comprehensive as the manufacturer's safety instructions they replace. (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 condition… | ||||
| 49:49:4.1.1.1.9.3.5.27 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.343 Training and qualification, general. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | (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) Except as provided for in § 214.353, 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. | ||||
| 49:49:4.1.1.1.9.3.5.28 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.345 Training for all roadway workers. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | Consistent with § 214.343(b), 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. (f) Instruction on railroad safety rules adopted to comply with § 214.317(b). | ||||
| 49:49:4.1.1.1.9.3.5.29 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.347 Training and qualification for lone workers. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37889, June 10, 2016] | 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. (5) Alternative means to access the information in a railroad's on-track safety manual when a lone worker's duties make it impracticable for the on-track safety manual to be readily available. (b) Initial and periodic (as specified by § 243.201 of this chapter) qualification of a lone worker shall be evidenced by demonstrated proficiency. | ||||
| 49:49:4.1.1.1.9.3.5.3 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.303 Railroad on-track safety programs, generally. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.3.5.30 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.349 Training and qualification of watchmen/lookouts. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016] | (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 (as specified by § 243.201 of this chapter) qualification of a watchman/lookout shall be evidenced by demonstrated proficiency. | ||||
| 49:49:4.1.1.1.9.3.5.31 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.351 Training and qualification of flagmen. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016] | (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 (as specified by § 243.201 of this chapter) qualification of a flagman shall be evidenced by demonstrated proficiency. | ||||
| 49:49:4.1.1.1.9.3.5.32 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.353 Training and qualification of each roadway worker in charge. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016] | (a) The training and qualification of each roadway worker in charge, or any other employee acting as a roadway worker in charge ( e.g., a conductor or a brakeman), who provides for the on-track safety of roadway workers through establishment of working limits or the assignment and supervision of watchmen/lookouts or flagmen shall include, at a minimum: (1) All the on-track safety training and qualification required of the roadway workers to be supervised and protected, including the railroad's procedures governing good faith challenges in §§ 214.311(b) and (c) and 214.313(d). (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. (5) The procedures required to ensure that the roadway worker in charge of the on-track safety of group(s) of roadway workers remains immediately accessible and available to all roadway workers being protected under the working limits or other provisions of on-track safety established by the roadway worker in charge. (b) Initial and periodic (as specified by § 243.201 of this chapter) qualification of a roadway worker in charge shall be evidenced by demonstrated proficiency. | ||||
| 49:49:4.1.1.1.9.3.5.33 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.355 Training and qualification of each roadway worker in on-track safety for operators of roadway maintenance machines. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016] | (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 (as specified by § 243.201 of this chapter) qualification of a roadway worker to operate roadway maintenance machines shall be evidenced by demonstrated proficiency. | ||||
| 49:49:4.1.1.1.9.3.5.34 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.357 Training and qualification for operators of roadway maintenance machines equipped with a crane. | FRA | [79 FR 66501, Nov. 7, 2014] | (a) In addition to the general training and qualification requirements for operators of roadway maintenance machines set forth in §§ 214.341 and 214.355 of this subpart, each employer shall adopt and comply with a training and qualification program for operators of roadway maintenance machines equipped with a crane to ensure the safe operation of such machines. (b) Each employer's training and qualification program for operators of roadway maintenance machines equipped with a crane shall require initial and periodic qualification of each operator of a roadway maintenance machine equipped with a crane and shall include: (1) Procedures for determining that the operator has the skills to safely operate each machine the person is authorized to operate; and (2) Procedures for determining that the operator has the knowledge to safely operate each machine the person is authorized to operate. Such procedures shall determine that either: (i) The operator has knowledge of the safety instructions ( i.e., the manufacturer's instruction manual) applicable to that machine; or (ii) The operator has knowledge of the safety instructions developed to replace the manufacturer's safety instructions when the machine has been adapted for a specific railroad use. Such instructions shall address all aspects of the safe operation of the crane and shall be as comprehensive as the manufacturer's safety instructions they replace. (c) Each employer shall maintain records that form the basis of the training and qualification determinations of each operator of roadway maintenance machines equipped with a crane that it employs. (d) Availability of records: Each employer required to maintain records under this part shall make all records available for inspection and copying/photocopying to representatives of FRA, upon request during normal business hours. (e) Training conducted by an employer in accordance with operator qualification and certification required by the Department of Labor (29 CFR 1926.1427) may be used to satisfy the trai… | ||||
| 49:49:4.1.1.1.9.3.5.4 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.305 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.9.3.5.5 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.307 On-track safety programs. | FRA | [81 FR 37885, June 10, 2016] | (a) Each railroad subject to this part shall maintain and have in effect an on-track safety program which complies with the requirements of this subpart. New railroads must have an on-track safety program in effect by the date on which operations commence. The on-track safety program shall be retained at a railroad's system headquarters and division headquarters, and shall be made available to representatives of the FRA for inspection and copying during normal business hours. Each railroad to which this part applies is authorized to retain its program by electronic recordkeeping in accordance with §§ 217.9(g) and 217.11(c) of this chapter. (b) Each railroad shall notify, in writing, the Associate Administrator for Safety and Chief Safety Officer, Federal Railroad Administration, RRS-15, 1200 New Jersey Avenue SE., 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 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. (c) Upon review of a railroad's on-track safety program, the FRA Associate Administrator for Railroad Safety and Chief Safety Officer may, for cause stated, may disapprove the program. Notification of such disapproval shall be made in writing and specify the basis for the disapproval decision. If the Associate Administrator for Railroad Safety and Chief Safety Officer disapproves the program: (1) The railroad has 35 days from the date of the written notification of such disapproval to: (i) Amend its program and submit it to the Associate Administrator for Railroad Safety and Chief Safety Officer for approval; or (ii) Provide a written response in support of its program to the Associate Administrator for Railroad Safety and Chief Safety Officer. (2) FRA's Associate Administrator for Railroad Safety and Chie… | ||||
| 49:49:4.1.1.1.9.3.5.6 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.309 On-track safety manual. | FRA | [81 FR 37885, June 10, 2016] | (a) The applicable on-track safety manual (as defined by § 214.7) shall be readily available to all roadway workers. Each roadway worker in charge responsible for the on-track safety of others, and each lone worker, shall be provided with and shall maintain a copy of the on-track safety manual. (b) When it is impracticable for the on-track safety manual to be readily available to a lone worker, the employer shall establish provisions for such worker to have alternative access to the information in the manual. (c) Changes to the on-track safety manual may be temporarily published in bulletins or notices. Such publications shall be retained along with the on-track safety manual until fully incorporated into the manual. | ||||
| 49:49:4.1.1.1.9.3.5.7 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.311 Responsibility of employers. | FRA | (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). | |||||
| 49:49:4.1.1.1.9.3.5.8 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.313 Responsibility of individual roadway workers. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.3.5.9 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | C | Subpart C—Roadway Worker Protection | § 214.315 Supervision and communication. | FRA | [61 FR 65976, Dec. 16, 1996, as amended at 76 FR 74614, Nov. 30, 2011; 81 FR 37885, June 10, 2016] | (a) When an employer assigns a duty to a roadway worker that calls for that employee to foul a track, the employer shall provide the employee with an on-track safety job briefing that, at a minimum, includes the following: (1) Information on the means by which on-track safety is to be provided for each track identified to be fouled; (2) Instruction on each on-track safety procedure to be followed; (3) Information about any adjacent tracks, on-track safety for such tracks, if required by this subpart or deemed necessary by the roadway worker in charge, and identification of any roadway maintenance machines that will foul such tracks; (4) A discussion of the nature of the work to be performed and the characteristics of the work location to ensure compliance with this subpart; and (5) Information on the accessibility of the roadway worker in charge and alternative procedures in the event the roadway worker in charge is no longer accessible to the members of the roadway work group. (b) A job briefing for on-track safety shall be deemed complete only after the roadway worker(s) 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 in charge 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 roadway worker in charge designated 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-t… | ||||
| 49:49:4.1.1.1.9.4.5.1 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.501 Purpose and scope. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.10 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.518 Safe and secure positions for riders. | FRA | [69 FR 8839, Feb. 26, 2004] | 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. | ||||
| 49:49:4.1.1.1.9.4.5.11 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.519 Floors, decks, stairs, and ladders of on-track roadway maintenance machines. | FRA | 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. | |||||
| 49:49:4.1.1.1.9.4.5.12 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.521 Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles. | FRA | [69 FR 8839, Feb. 26, 2004] | 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. | ||||
| 49:49:4.1.1.1.9.4.5.13 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.523 Hi-rail vehicles. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.14 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.15 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.16 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.529 In-service failure of primary braking system. | FRA | (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 machine may, if it is safe to do so, travel to a clearance or repair point where it shall be placed out of service until repaired. | |||||
| 49:49:4.1.1.1.9.4.5.17 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.531 Schedule of repairs; general. | FRA | 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. If repairs 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. | |||||
| 49:49:4.1.1.1.9.4.5.18 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.533 Schedule of repairs subject to availability of parts. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.2 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.503 Good-faith challenges; procedures for notification and resolution. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.3 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs. | FRA | [68 FR 44407, July 28, 2003, as amended at 87 FR 15143, Mar. 17, 2022] | (a) With the exception of machines subject to paragraph (i) of this section, the following new on-track roadway maintenance machines shall be equipped 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 a… | ||||
| 49:49:4.1.1.1.9.4.5.4 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.507 Required safety equipment for new on-track roadway maintenance machines. | FRA | [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] | (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 be protected 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. | ||||
| 49:49:4.1.1.1.9.4.5.5 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.509 Required visual illumination and reflective devices for new on-track roadway maintenance machines. | FRA | 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. | |||||
| 49:49:4.1.1.1.9.4.5.6 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.511 Required audible warning devices for new on-track roadway maintenance machines. | FRA | 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. | |||||
| 49:49:4.1.1.1.9.4.5.7 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.513 Retrofitting of existing on-track roadway maintenance machines; general. | FRA | [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] | (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. | ||||
| 49:49:4.1.1.1.9.4.5.8 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.515 Overhead covers for existing on-track roadway maintenance machines. | FRA | (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. | |||||
| 49:49:4.1.1.1.9.4.5.9 | 49 | Transportation | II | 214 | PART 214—RAILROAD WORKPLACE SAFETY | D | Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles | § 214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991. | FRA | [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] | 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. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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subpart TEXT,
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section_heading TEXT,
agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);