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[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
[CITE: 49CFR214]

[Page 143-171]
 

TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 214--RAILROAD WORKPLACE SAFETY


                           Subpart A--General

Sec.
214.1 Purpose and scope.
214.3 Application.
214.4 Preemptive effect.
214.5 Responsibility for compliance.
214.7 Definitions.

                Subpart B--Bridge Worker Safety Standards

214.101 Purpose and scope.
214.103 Fall protection, generally.
214.105 Fall protection systems standards and practices.
214.107 Working over or adjacent to water.
214.109 Scaffolding.
214.111 Personal protective equipment, generally.
214.113 Head protection.
214.115 Foot protection.
214.117 Eye and face protection.

                  Subpart C--Roadway Worker Protection

214.301 Purpose and scope.
214.302 Information collection requirements.
214.303 Railroad on-track safety programs, generally.
214.305 Compliance dates.
214.307 Review and approval of individual on-track safety programs by 
          FRA.
214.309 On-track safety program documents.
214.311 Responsibility of employers.
214.313 Responsibility of individual roadway workers.
214.315 Supervision and communication.
214.317 On-track safety procedures, generally.
214.319 Working limits, generally.
214.321 Exclusive track occupancy.
214.323 Foul time.
214.325 Train coordination.
214.327 Inaccessible track.
214.329 Train approach warning provided by watchmen/lookouts.
214.331 Definite train location.
214.333 Informational line-ups of trains.
214.335 On-track safety procedures for roadway work groups.
214.337 On-track safety procedures for lone workers.
214.339 Audible warning from trains.
214.341 Roadway maintenance machines.
214.343 Training and qualification, general.
214.345 Training for all roadway workers.
214.347 Training and qualification for lone workers.
214.349 Training and qualification of watchmen/lookouts.
214.351 Training and qualification of flagmen.
214.353 Training and qualification of roadway workers who provide on-
          track safety for roadway work groups.
214.355 Training and qualification in on-track safety for operators of 
          roadway maintenance machines.

  Subpart D--On-Track Roadway Maintenance Machines and Hi-Rail Vehicles

214.501 Purpose and scope.
214.503 Good-faith challenges; procedures for notification and 
          resolution.
214.505 Required environmental control and protection systems for new 
          on-track roadway maintenance machines with enclosed cabs.
214.507 Required safety equipment for new on-track roadway maintenance 
          machines.
214.509 Required visual illumination and reflective devices for new on-
          track roadway maintenance machines.
214.511 Required audible warning devices for new on-track roadway 
          maintenance machines.
214.513 Retrofitting of existing on-track roadway maintenance machines; 
          general.
214.515 Overhead covers for existing on-track roadway maintenance 
          machines.
214.517 Retrofitting of existing on-track roadway maintenance machines 
          manufactured on or after January 1, 1991.
214.518 Safe and secure positions for riders.
214.519 Floors, decks, stairs, and ladders of on-track roadway 
          maintenance machines.

[[Page 144]]

214.521 Flagging equipment for on-track roadway maintenance machines and 
          hi-rail vehicles.
214.523 Hi-rail vehicles.
214.525 Towing with on-track roadway maintenance machines or hi-rail 
          vehicles.
214.527 On-track roadway maintenance machines; inspection for compliance 
          and schedule for repairs.
214.529 In-service failure of primary braking system.
214.531 Schedule of repairs; general.
214.533 Schedule of repairs subject to availability of parts.

Appendix A to Part 214--Schedule of Civil Penalties

    Authority: 49 U.S.C. 20103, 20107 and 49 CFR 1.49

    Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

                           Subpart A--General

Sec. 214.1  Purpose and scope.

    (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.

Sec. 214.3  Application.

    This part applies to railroads that operate rolling equipment on 
track that is part of the general railroad system of transportation.

Sec. 214.4   Preemptive effect.

    Under 49 U.S.C. 20106 (formerly section 205 of the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 434)), issuance of the regulations in this 
part preempts any State law, rule, regulation, order, or standard 
covering the same subject matter, except a provision directed at an 
essentially local safety hazard that is not incompatible with this part 
and that does not unreasonably burden on interstate commerce.

[61 FR 65975, Dec. 16, 1996]

Sec. 214.5  Responsibility for compliance.

    Any person (an entity of any type covered under 1 U.S.C. 1, 
including but not limited to 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) who violates any requirement of this part or 
causes the violation of any such requirement is subject to a civil 
penalty of at least $500 and not more than $11,000 per violation, except 
that penalties may be assessed against individuals only for willful 
violations, and where a grossly negligent violation or a pattern of 
repeated violations has created an imminent hazard of death or injury, 
or has caused death or injury, a penalty not to exceed $22,000 per 
violation may be assessed. See appendix A to this part for a statement 
of agency civil penalty policy.

[57 FR 28127, June 24, 1992, as amended at 63 FR 11620, Mar. 10, 1998]

Sec. 214.7  Definitions.

    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

[[Page 145]]

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 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 trains may pass specific locations as 
prescribed in Sec. 214.331 of this part.
    Designated official means any person(s) designated by the employer 
to receive notification of non-complying conditions on on-track roadway 
maintenance machines and hi-rail vehicles.
    Effective securing device when used in relation to a manually 
operated switch or derail means one which is:
    (a) Vandal resistant;
    (b) Tamper resistant; and
    (c) Designed to be applied, secured, uniquely tagged and removed 
only by the class, craft or group of employees for whom the protection 
is being provided.
    Employee means an individual who is engaged or compensated by a 
railroad or by a contractor to a railroad to perform any of the duties 
defined in this part.
    Employer means a railroad, or a contractor to a railroad, that 
directly engages or compensates individuals to perform any of the duties 
defined in this part.
    Equivalent means alternative designs, materials, or methods that the 
railroad or railroad contractor can demonstrate will provide equal or 
greater safety for employees than the means specified in this part.
    Exclusive track occupancy means a method of establishing working 
limits on controlled track in which movement authority of trains and 
other equipment is withheld by the train dispatcher or control operator, 
or restricted by flagmen, as prescribed in Sec. 214.321 of this part.
    Flagman when used in relation to roadway worker safety means an 
employee designated by the railroad to direct or restrict the movement 
of trains past a point on a track to provide on-track safety for roadway 
workers, while engaged solely in performing that function.
    Foul time is a method of establishing working limits on controlled 
track in which a roadway worker is notified by the train dispatcher or 
control operator that no trains will operate within a specific segment 
of controlled track until the roadway worker reports clear of the track, 
as prescribed in Sec. 214.323 of this part.
    Fouling a track means the placement of an individual or an item of 
equipment in such proximity to a track that the individual or equipment 
could be struck by a moving train or on-track equipment, or in any case 
is within four feet of the field side of the near running rail.
    Free fall means the act of falling before the personal fall arrest 
system begins to apply force to arrest the fall.
    Free fall distance means the vertical displacement of the fall 
arrest attachment point on a person's body harness between onset of the 
fall and the point at which the system begins to apply force to arrest 
the fall. This distance excludes deceleration distance and lifeline and 
lanyard elongation, but includes any deceleration device slide distance 
or self-retracting lifeline/lanyard extension before they operate and 
fall arrest forces occur.
    Hi-rail vehicle means a roadway maintenance machine that is 
manufactured to meet Federal Motor Vehicle Safety Standards and is 
equipped with retractable flanged wheels so that the vehicle may travel 
over the highway or on railroad tracks.
    Hi-rail vehicle, new means a hi-rail vehicle that is ordered after 
December 26,

[[Page 146]]

2003 or completed after September 27, 2004.
    Inaccessible track means a method of establishing working limits on 
non-controlled track by physically preventing entry and movement of 
trains and equipment.
    Individual train detection means a procedure by which a lone worker 
acquires on-track safety by seeing approaching trains and leaving the 
track before they arrive and which may be used only under circumstances 
strictly defined in this part.
    Informational line-up of trains means information provided in a 
prescribed format to a roadway worker by the train dispatcher regarding 
movements of trains authorized or expected on a specific segment of 
track during a specific period of time.
    Lanyard means a flexible line of rope, wire rope, or strap that is 
used to secure a body harness to a deceleration device, lifeline, or 
anchorage.
    Lifeline means a component of a fall arrest system consisting of a 
flexible line that connects to an anchorage at one end to hang 
vertically (vertical lifeline) or to an anchorage at both ends to 
stretch horizontally (horizontal lifeline), and that serves as a means 
for connecting other components of a personal fall arrest system to the 
anchorage.
    Lone worker means an individual roadway worker who is not being 
afforded on-track safety by another roadway worker, who is not a member 
of a roadway work group, and who is not engaged in a common task with 
another roadway worker.
    Non-controlled track means track upon which trains are permitted by 
railroad rule or special instruction to move without receiving 
authorization from a train dispatcher or control operator.
    On-track roadway maintenance machine means a self-propelled, rail-
mounted, non-highway, maintenance machine whose light weight is in 
excess of 7,500 pounds, and whose purpose is not for the inspection of 
railroad track.
    On-track roadway maintenance machine, existing means any on-track 
roadway maintenance machine that does not meet the definition of a ``new 
on-track roadway maintenance machine.''
    On-track roadway maintenance machine, new means an on-track roadway 
maintenance machine that is ordered after December 26, 2003, and 
completed after September 27, 2004.
    On-track safety means a state of freedom from the danger of being 
struck by a moving railroad train or other railroad equipment, provided 
by operating and safety rules that govern track occupancy by personnel, 
trains and on-track equipment.
    Personal fall arrest system means a system used to arrest the fall 
of a person from a working level. It consists of an anchorage, 
connectors, body harness, lanyard, deceleration device, lifeline, or 
combination of these.
    Qualified means a status attained by an employee who has 
successfully completed any required training for, has demonstrated 
proficiency in, and has been authorized by the employer to perform the 
duties of a particular position or function.
    Railroad means all forms of non-highway ground transportation that 
run on rails or electro-magnetic guideways, including (1) commuter or 
other short-haul rail passenger service in a metropolitan or suburban 
area, and (2) high-speed ground transportation systems that connect 
metropolitan areas, without regard to whether they use new technologies 
not associated with traditional railroads. Such term does not include 
rapid transit operations within an urban area that are not connected to 
the general railroad system of transportation.
    Railroad bridge means a structure supporting one or more railroad 
tracks above land or water with a span length of 12 feet or more 
measured along the track centerline. This term applies to the entire 
structure between the faces of the backwalls of abutments or equivalent 
components, regardless of the number of spans, and includes all such 
structures, whether of timber, stone, concrete, metal, or any 
combination thereof.
    Railroad bridge worker or bridge worker means any employee of, or 
employee of a contractor of, a railroad owning or responsible for the 
construction, inspection, testing, or maintenance of a

[[Page 147]]

bridge whose assigned duties, if performed on the bridge, include 
inspection, testing, maintenance, repair, construction, or 
reconstruction of the track, bridge structural members, operating 
mechanisms and water traffic control systems, or signal, communication, 
or train control systems integral to that bridge.
    Restricted speed means a speed that will permit a train or other 
equipment to stop within one-half the range of vision of the person 
operating the train or other equipment, but not exceeding 20 miles per 
hour, unless further restricted by the operating rules of the railroad.
    Roadway maintenance machine means a device powered by any means of 
energy other than hand power which is being used on or near railroad 
track for maintenance, repair, construction or inspection of track, 
bridges, roadway, signal, communications, or electric traction systems. 
Roadway maintenance machines may have road or rail wheels or may be 
stationary.
    Roadway work group means two or more roadway workers organized to 
work together on a common task.
    Roadway worker means any employee of a railroad, or of a contractor 
to a railroad, whose duties include inspection, construction, 
maintenance or repair of railroad track, bridges, roadway, signal and 
communication systems, electric traction systems, roadway facilities or 
roadway maintenance machinery on or near track or with the potential of 
fouling a track, and flagmen and watchmen/lookouts as defined in this 
section.
    Self-retracting lifeline/lanyard means a deceleration device that 
contains a drum-wound line that may be slowly extracted from, or 
retracted onto, the drum under slight tension during normal employee 
movement, and which, after onset of a fall, automatically locks the drum 
and arrests the fall.
    Snap-hook means a connector comprised of a hook-shaped member with a 
normally closed keeper, that may be opened to permit the hook to receive 
an object and, when released, automatically closes to retain the object.
    Train approach warning means a method of establishing on-track 
safety by warning roadway workers of the approach of trains in ample 
time for them to move to or remain in a place of safety in accordance 
with the requirements of this part.
    Train coordination means a method of establishing working limits on 
track upon which a train holds exclusive authority to move whereby the 
crew of that train yields that authority to a roadway worker.
    Train dispatcher means the railroad employee assigned to control and 
issue orders governing the movement of trains on a specific segment of 
railroad track in accordance with the operating rules of the railroad 
that apply to that segment of track.
    Watchman/lookout means an employee who has been annually trained and 
qualified to provide warning to roadway workers of approaching trains or 
on-track equipment. Watchmen/lookouts shall be properly equipped to 
provide visual and auditory warning such as whistle, air horn, white 
disk, red flag, lantern, fusee. A watchman/lookout's sole duty is to 
look out for approaching trains/on-track equipment and provide at least 
fifteen seconds advanced warning to employees before arrival of trains/
on-track equipment.
    Working limits means a segment of track with definite boundaries 
established in accordance with this part upon which trains and engines 
may move only as authorized by the roadway worker having control over 
that defined segment of track. Working limits may be established through 
``exclusive track occupancy,'' ``inaccessible track,'' ``foul time'' or 
``train coordination'' as defined herein.

[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]

                Subpart B--Bridge Worker Safety Standards

Sec. 214.101  Purpose and scope.

    (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

[[Page 148]]

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.

Sec. 214.103  Fall protection, generally.

    (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 Sec. 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 bridge equipped with walkways and railings of sufficient 
height, width, and strength to prevent a fall, so long as bridge workers 
do not work beyond the railings, over the side of the bridge, on ladders 
or other elevation devices, or where gaps or holes exist through which a 
body could fall. Where used in place of fall protection as provided for 
in Sec. 214.105, this paragraph (c) is satisfied by:
    (1) Walkways and railings meeting standards set forth in the 
American Railway Engineering Association's Manual for Railway 
Engineering; and
    (2) Roadways attached to railroad bridges, provided that bridge 
workers on the roadway deck work or move at a distance six feet or more 
from the edge of the roadway deck, or from an opening through which a 
person could fall.
    (d) This section shall not apply where bridge workers are performing 
repairs or inspections of a minor nature that are completed by working 
exclusively between the outside rails, including but not limited to, 
routine welding, spiking, anchoring, spot surfacing, and joint bolt 
replacement.

[67 FR 1906, Jan. 15, 2002]

Sec. 214.105  Fall protection systems standards and practices.

    (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.

[[Page 149]]

    (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 feet or less shall have components capable of 
sustaining a minimum static tensile load of 3,000 pounds applied to the 
device with the lifeline or lanyard in the fully extended position.
    (3) Self-retracting lifelines and lanyards that do not limit free 
fall distance to two feet or less, ripstitch, and tearing and deformed 
lanyards shall be capable of withstanding 5,000 pounds applied to the 
device with the lifeline or lanyard in the fully extended position.
    (4) Horizontal lifelines shall be designed, installed, and used 
under the supervision of a competent person, as part of a complete 
personal fall arrest system that maintains a safety factor of at least 
two.
    (5) Lifelines shall not be made of natural fiber rope.
    (6) Body belts shall not be used as components of personal fall 
arrest systems.
    (7) The personal fall arrest system shall limit the maximum 
arresting force on a bridge worker to 1,800 pounds when used with a body 
harness.
    (8) The personal fall arrest system shall bring a bridge worker to a 
complete stop and limit maximum deceleration distance a bridge worker 
travels to 3.5 feet.
    (9) The personal fall arrest system shall have sufficient strength 
to withstand twice the potential impact energy of a bridge worker free 
falling a distance of six feet, or the free fall distance permitted by 
the system, whichever is less.
    (10) The personal fall arrest system shall be arranged so that a 
bridge worker cannot free fall more than six feet and cannot contact the 
ground or any lower horizontal surface of the bridge.
    (11) Personal fall arrest systems shall be worn with the attachment 
point of the body harness located in the center of the wearer's back 
near shoulder level, or above the wearer's head.
    (12) When vertical lifelines are used, each bridge worker shall be 
provided with a separate lifeline.
    (13) Devices used to connect to a horizontal lifeline that may 
become a vertical lifeline shall be capable of locking in either 
direction.
    (14) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 3,600 pounds without cracking, breaking, or 
taking permanent deformation.

[[Page 150]]

    (15) Dee-rings and snap-hooks shall be capable of sustaining a 
minimum tensile load of 5,000 pounds.
    (16) Snap-hooks shall not be connected to each other.
    (17) Snap-hooks shall be dimensionally compatible with the member to 
which they are connected to prevent unintentional disengagement, or 
shall be a locking snap-hook designed to prevent unintentional 
disengagement.
    (18) Unless of a locking type, snap-hooks shall not be engaged:
    (i) Directly, next to a webbing, rope, or wire rope;
    (ii) To each other;
    (iii) To a dee-ring to which another snap-hook or other connector is 
attached;
    (iv) To a horizontal lifeline; or
    (v) To any object that is incompatibly shaped or dimensioned in 
relation to the snap-hook so that unintentional disengagement could 
occur.
    (c) Safety net systems. Use of safety net systems shall conform to 
the following standards and practices:
    (1) Safety nets shall be installed as close as practicable under the 
walking/working surface on which bridge workers are working, but shall 
not be installed more than 30 feet below such surface.
    (2) If the distance from the working surface to the net exceeds 30 
feet, bridge workers shall be protected by personal fall arrest systems.
    (3) The safety net shall be installed such that any fall from the 
working surface to the net is unobstructed.
    (4) Except as provided in this section, safety nets and net 
installations shall be drop-tested at the jobsite after initial 
installation and before being used as a fall protection system, whenever 
relocated, after major repair, and at six-month intervals if left in one 
place. The drop-test shall consist of a 400-pound bag of sand 30 inches, 
plus or minus two inches, in diameter dropped into the net from the 
highest (but not less than 3\1/2\ feet) working surface on which bridge 
workers are to be protected.
    (i) When the railroad or railroad contractor demonstrates that a 
drop-test is not feasible and, as a result, the test is not performed, 
the railroad or railroad contractor, or designated competent person, 
shall certify that the net and its installation are in compliance with 
the provisions of this section by preparing a certification record prior 
to use of the net.
    (ii) The certification shall include an identification of the net, 
the date it was determined that the net was in compliance with this 
section, and the signature of the person making this determination. Such 
person's signature shall certify that the net and its installation are 
in compliance with this section. The most recent certification for each 
net installation shall be available at the jobsite where the subject net 
is located.
    (5) Safety nets and their installations shall be capable of 
absorbing an impact force equal to that produced by the drop test 
specified in this section.
    (6) The safety net shall be installed such that there is no contact 
with surfaces or structures below the net when subjected to an impact 
force equal to the drop test specified in this section.
    (7) Safety nets shall extend outward from the outermost projection 
of the work surface as follows:
    (i) When the vertical distance from the working level to the 
horizontal plane of the net is 5 feet or less, the minimum required 
horizontal distance of the outer edge of the net beyond the edge of the 
working surface is 8 feet.
    (ii) When the vertical distance from the working level to the 
horizontal plane of the net is 5 feet, but less than 10 feet, the 
minimum required horizontal distance of the outer edge of the net beyond 
the edge of the working surface is 10 feet.
    (iii) When the vertical distance from the working level to the 
horizontal plane of the net is more than 10 feet, the minimum required 
horizontal distance of the outer edge of the net beyond the edge of the 
working surface is 13 feet.
    (8) Defective nets shall not be used. Safety nets shall be inspected 
at least once a week for mildew, wear, damage, and other deterioration. 
Defective components shall be removed permanently from service.
    (9) Safety nets shall be inspected after any occurrence that could 
affect the integrity of the safety net system.

[[Page 151]]

    (10) Tools, scraps, or other materials that have fallen into the 
safety net shall be removed as soon as possible, and at least before the 
next work shift.
    (11) Each safety net shall have a border rope for webbing with a 
minimum breaking strength of 5,000 pounds.
    (12) The maximum size of each safety net mesh opening shall not 
exceed 36 square inches and shall not be longer than 6 inches on any 
side measured center-to-center of mesh ropes or webbing. All mesh 
crossing shall be secured to prevent enlargement of the mesh opening.
    (13) Connections between safety net panels shall be as strong as 
integral net components and shall be spaced not more than 6 inches 
apart.

[67 FR 1906, Jan. 15, 2002; 67 FR 11055, Mar. 12, 2002]

Sec. 214.107  Working over or adjacent to water.

    (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.
    (b) Life vests or buoyant work vests shall not be required when 
bridge workers are conducting inspections that involve climbing 
structures above or below the bridge deck.
    (c) Prior to each use, all flotation devices shall be inspected for 
defects that reduce their strength or bouyancy by designated individuals 
trained by the railroad or railroad contractor. Defective units shall 
not be used.
    (d) 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.
    (e) 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.

[57 FR 28127, June 24, 1992, as amended at 67 FR 1908, Jan. 15, 2002]

Sec. 214.109  Scaffolding.

    (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.

[[Page 152]]

    (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 shall 
conform to the following:
    (1) All manually propelled mobile ladder stands and scaffolds shall 
be capable of carrying the design load.
    (2) All ladder stands, scaffolds, and scaffold components shall be 
capable of supporting, without failure, displacement, or settlement, its 
own weight and at least four times the maximum intended load applied or 
transmitted to that ladder stand, scaffold, or scaffold component.
    (3) All exposed surfaces shall be free from sharp edges or burrs.
    (4) The maximum work level height shall not exceed four times the 
minimum or least base dimensions of any mobile ladder stand or scaffold. 
Where the basic mobile unit does not meet this requirement, suitable 
outrigger frames shall be employed to achieve this least base dimension, 
or equivalent provisions shall be made to guy or brace the unit against 
tipping.
    (5) The minimum platform width for any work level shall not be less 
than 20 inches for mobile scaffolds (towers). Ladder stands shall have a 
minimum step width of 16 inches. The steps of ladder stands shall be 
fabricated from slip resistant treads.
    (6) Guardrails and midrails shall conform to the requirements listed 
in paragraph (a) of this section.
    (7) A climbing ladder or stairway shall be provided for proper 
access and egress, and shall be affixed or built into the scaffold and 
so located that in its use it will not have a tendency to tip the 
scaffold.
    (8) Wheels or casters shall be capable of supporting, without 
failure, at least four times the maximum intended load applied or 
transmitted to that component. All scaffold casters shall be provided 
with a positive wheel and/or swivel lock to prevent movement. Ladder 
stands shall have at least two of the four casters and shall be of the 
swivel type.

Sec. 214.111  Personal protective equipment, generally.

    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.

[67 FR 1908, Jan. 15, 2002]

Sec. 214.113  Head protection.

    (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 for the protection of railroad bridge workers against 
impact and penetration of falling and flying objects, or from high 
voltage electrical shock and burns shall conform to the national 
consensus standards for industrial head protection (American National 
Standards Institute, Z89.1-1986, Protective Headwear for Industrial 
Workers). This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from the American National Standards 
Institute, 25 West 43rd Street, New York, NY 10036. Copies may be 
inspected at the Federal Railroad Administration, Docket Clerk, 1120 
Vermont Avenue NW., Washington, DC, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

[67 FR 1908, Jan. 15, 2002]

Sec. 214.115  Foot protection.

    (a) The railroad or railroad contractor shall require railroad 
bridge workers to wear foot protection equipment when potential foot 
injury may

[[Page 153]]

result from impact, falling or flying objects, electrical shock or 
burns, or other hazardous condition.
    (b) Safety-toe footwear for railroad bridge workers shall conform to 
the national consensus standards for safety-toe footwear (American 
National Standards Institute, American National Standard Z41-1991, 
Standard for Personal Protection-Protective Footwear). This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from American National Standards Institute, 25 West 43rd 
Street, New York, NY 10036. Copies may be inspected at the Federal 
Railroad Administration, Docket Clerk, 1120 Vermont Avenue, Washington, 
DC, or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington DC.

[67 FR 1908, Jan. 15, 2002]

Sec. 214.117  Eye and face protection.

    (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 national consensus standards for occupational and 
educational eye and face protection (American National Standards 
Institute, Z87.1-1989, Practice for Occupational and Educational Eye and 
Face Protection). This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies may be obtained from the American National 
Standards Institute, 25 West 43rd Street, New York, NY 10036. Copies may 
be inspected at the Federal Railroad Administration, Docket Clerk, 1120 
Vermont Avenue, Washington, DC, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (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.

[67 FR 1908, Jan. 15, 2002; 67 FR 11055, Mar. 12, 2002]

                  Subpart C--Roadway Worker Protection

    Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

Sec. 214.301  Purpose and scope.

    (a) The purpose of this subpart is to prevent accidents and 
casualties caused by moving railroad cars, locomotives or roadway 
maintenance machines striking roadway workers or roadway maintenance 
machines.
    (b) This subpart prescribes minimum safety standards for roadway 
workers. Each railroad and railroad contractor may prescribe additional 
or more stringent operating rules, safety rules, and other special 
instructions that are consistent with this subpart.
    (c) This subpart prescribes safety standards related to the movement 
of roadway maintenance machines where such movements affect the safety 
of roadway workers. This subpart does not otherwise affect movements of 
roadway maintenance machines that are conducted under the authority of a 
train dispatcher, a control operator, or the operating rules of the 
railroad.

Sec. 214.302  Information collection requirements.

    (a) The information collection requirements of this part were 
reviewed by the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1995, Public Law 104-13, Sec. 2, 109 Stat.163 
(1995) (codified as revised at 44 U.S.C. Secs. 3501-3520), and are 
assigned

[[Page 154]]

OMB control number 2130-0539. FRA may not conduct or sponsor and a 
respondent is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.
    (b) The information collection requirements are found in the 
following sections: Secs. 214.303, 214.307, 214.309, 214.311, 214.313, 
214.315, 214.319, 214.321, 214.323, 214.325, 214.327, 214.329, 214.331, 
214.335, 214.341.

Sec. 214.303  Railroad on-track safety programs, generally.

    (a) Each railroad to which this part applies shall adopt and 
implement a program that will afford on-track safety to all roadway 
workers whose duties are performed on that railroad. Each such program 
shall provide for the levels of protection specified in this subpart.
    (b) Each on-track safety program adopted to comply with this part 
shall include procedures to be used by each railroad for monitoring 
effectiveness of and compliance with the program.

Sec. 214.305  Compliance dates.

    Each program adopted by a railroad shall comply not later than the 
date specified in the following schedule:
    (a) For each Class I railroad (including National Railroad Passenger 
Corporation) and each railroad providing commuter service in a 
metropolitan or suburban area, March 15, 1997.
    (b) For each Class II railroad, April 15, 1997.
    (c) For each Class III railroad, switching and terminal railroad, 
and any railroad not otherwise classified, May 15, 1997.
    (d) For each railroad commencing operations after the pertinent date 
specified in this section, the date on which operations commence.

Sec. 214.307  Review and approval of individual on-track safety programs 
          by FRA.

    (a) Each railroad shall notify, in writing, the Associate 
Administrator for Safety, Federal Railroad Administration, RRS-15, 400 
Seventh Street SW, Washington, DC 20590, not less than one month before 
its on-track safety program becomes effective. The notification shall 
include the effective date of the program, the address of the office at 
which the program documents are available for review and photocopying by 
representatives of the Federal Railroad Administrator, and the name, 
title, address and telephone number of the primary person to be 
contacted with regard to review of the program. This notification 
procedure shall also apply to subsequent changes to a railroad's on-
track safety program.
    (b) After receipt of the notification from the railroad, the Federal 
Railroad Administration will conduct a formal review of the on-track 
safety program. The Federal Railroad Administration will notify the 
primary railroad contact person of the results of the review, in 
writing, whether the on-track safety program or changes to the program 
have been approved by the Administrator, and if not approved, the 
specific points in which the program or changes are deficient.
    (c) A railroad's on-track safety program will take effect by the 
established compliance dates in Sec. 214.305, without regard to the date 
of review or approval by the Federal Railroad Administration. Changes to 
a railroad's program will take effect on dates established by each 
railroad without regard to the date of review and approval by the 
Federal Railroad Administration.

Sec. 214.309  On-track safety program documents.

    Rules and operating procedures governing track occupancy and 
protection shall be maintained together in one manual and be readily 
available to all roadway workers. Each roadway worker responsible for 
the on-track safety of others, and each lone worker, shall be provided 
with and shall maintain a copy of the program document.

Sec. 214.311  Responsibility of employers.

    (a) Each employer is responsible for the understanding and 
compliance by its employees with its rules and the requirements of this 
part.
    (b) Each employer shall guarantee each employee the absolute right 
to challenge in good faith whether the on-track safety procedures to be 
applied

[[Page 155]]

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 
Secs. 214.311(b) and 214.313(d).

Sec. 214.313  Responsibility of individual roadway workers.

    (a) Each roadway worker is responsible for following the on-track 
safety rules of the railroad upon which the roadway worker is located.
    (b) A roadway worker shall not foul a track except when necessary 
for the performance of duty.
    (c) Each roadway worker is responsible to ascertain that on-track 
safety is being provided before fouling a track.
    (d) Each roadway worker may refuse any directive to violate an on-
track safety rule, and shall inform the employer in accordance with 
Sec. 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.

Sec. 214.315  Supervision and communication.

    (a) When an employer assigns duties to a roadway worker that call 
for that employee to foul a track, the employer shall provide the 
employee with a job briefing that includes information on the means by 
which on-track safety is to be provided, and instruction on the on-track 
safety procedures to be followed.
    (b) A job briefing for on-track safety shall be deemed complete only 
after the roadway worker has acknowledged understanding of the on-track 
safety procedures and instructions presented.
    (c) Every roadway work group whose duties require fouling a track 
shall have one roadway worker designated by the employer to provide on-
track safety for all members of the group. The designated person shall 
be qualified under the rules of the railroad that conducts train 
operations on those tracks to provide the protection necessary for on-
track safety of each individual in the group. The responsible person may 
be designated generally, or specifically for a particular work 
situation.
    (d) Before any member of a roadway work group fouls a track, the 
designated person providing on-track safety for the group under 
paragraph (c) of this section shall inform each roadway worker of the 
on- track safety procedures to be used and followed during the 
performance of the work at that time and location. Each roadway worker 
shall again be so informed at any time the on-track safety procedures 
change during the work period. Such information shall be given to all 
roadway workers affected before the change is effective, except in cases 
of emergency. Any roadway workers who, because of an emergency, cannot 
be notified in advance shall be immediately warned to leave the fouling 
space and shall not return to the fouling space until on-track safety is 
re-established.
    (e) Each lone worker shall communicate at the beginning of each duty 
period with a supervisor or another designated employee to receive a job 
briefing and to advise of his or her planned itinerary and the 
procedures that he or she intends to use for on-track safety. When 
communication channels are disabled, the job briefing shall be conducted 
as soon as possible after the beginning of the work period when 
communications are restored.

Sec. 214.317  On-track safety procedures, generally.

    Each employer subject to the provisions of this part shall provide 
on-track safety for roadway workers by adopting a program that contains 
specific rules for protecting roadway workers that comply with the 
provisions of Secs. 214.319 through 214.337 of this part.

Sec. 214.319  Working limits, generally.

    Working limits established on controlled track shall conform to the 
provisions of Sec. 214.321 Exclusive track occupancy, or Sec. 214.323 
Foul time, or Sec. 214. 325 Train coordination. Working limits 
established on non-controlled track shall conform to the provision of 
Sec. 214.327 Inaccessible track. Working limits established under any 
procedure

[[Page 156]]

shall, in addition, conform to the following provisions:
    (a) Only a roadway worker who is qualified in accordance with 
Sec. 214.353 of this part shall establish or have control over working 
limits for the purpose of establishing on-track safety.
    (b) Only one roadway worker shall have control over working limits 
on any one segment of track.
    (c) All affected roadway workers shall be notified before working 
limits are released for the operation of trains. Working limits shall 
not be released until all affected roadway workers have either left the 
track or have been afforded on-track safety through train approach 
warning in accordance with Sec. 214.329 of this subpart.

Sec. 214.321  Exclusive track occupancy.

    Working limits established on controlled track through the use of 
exclusive track occupancy procedures shall comply with the following 
requirements:
    (a) The track within working limits shall be placed under the 
control of one roadway worker by either:
    (1) Authority issued to the roadway worker in charge by the train 
dispatcher or control operator who controls train movements on that 
track,
    (2) Flagmen stationed at each entrance to the track within working 
limits and instructed by the roadway worker in charge to permit the 
movement of trains and equipment into the working limits only as 
permitted by the roadway worker in charge, or
    (3) The roadway worker in charge causing fixed signals at each 
entrance to the working limits to display an aspect indicating ``Stop.''
    (b) An authority for exclusive track occupancy given to the roadway 
worker in charge of the working limits shall be transmitted on a written 
or printed document directly, by relay through a designated employee, in 
a data transmission, or by oral communication, to the roadway worker by 
the train dispatcher or control operator in charge of the track.
    (1) Where authority for exclusive track occupancy is transmitted 
orally, the authority shall be written as received by the roadway worker 
in charge and repeated to the issuing employee for verification.
    (2) The roadway worker in charge of the working limits shall 
maintain possession of the written or printed authority for exclusive 
track occupancy while the authority for the working limits is in effect.
    (3) The train dispatcher or control operator in charge of the track 
shall make a written or electronic record of all authorities issued to 
establish exclusive track occupancy.
    (c) The extent of working limits established through exclusive track 
occupancy shall be defined by one of the following physical features 
clearly identifiable to a locomotive engineer or other person operating 
a train or railroad equipment:
    (1) A flagman with instructions and capability to hold all trains 
and equipment clear of the working limits;
    (2) A fixed signal that displays an aspect indicating ``Stop'';
    (3) A station shown in the time-table, and identified by name with a 
sign, beyond which train movement is prohibited by train movement 
authority or the provisions of a direct train control system.
    (4) A clearly identifiable milepost sign beyond which train movement 
is prohibited by train movement authority or the provisions of a direct 
train control system; or
    (5) A clearly identifiable physical location prescribed by the 
operating rules of the railroad that trains may not pass without proper 
authority.
    (d) Movements of trains and roadway maintenance machines within 
working limits established through exclusive track occupancy shall be 
made only under the direction of the roadway worker having control over 
the working limits. Such movements shall be restricted speed unless a 
higher speed has been specifically authorized by the roadway worker in 
charge of the working limits.

Sec. 214.323  Foul time.

    Working limits established on controlled track through the use of 
foul time procedures shall comply with the following requirements:
    (a) Foul time may be given orally or in writing by the train 
dispatcher or

[[Page 157]]

control operator only after that employee has withheld the authority of 
all trains to move into or within the working limits during the foul 
time period.
    (b) Each roadway worker to whom foul time is transmitted orally 
shall repeat the track number, track limits and time limits of the foul 
time to the issuing employee for verification before the foul time 
becomes effective.
    (c) The train dispatcher or control operator shall not permit the 
movement of trains or other on-track equipment onto the working limits 
protected by foul time until the roadway worker who obtained the foul 
time has reported clear of the track.

Sec. 214.325  Train coordination.

    Working limits established by a roadway worker through the use of 
train coordination shall comply with the following requirements:
    (a) Working limits established by train coordination shall be within 
the segments of track or tracks upon which only one train holds 
exclusive authority to move.
    (b) The roadway worker who establishes working limits by train 
coordination shall communicate with a member of the crew of the train 
holding the exclusive authority to move, and shall determine that:
    (1) The train is visible to the roadway worker who is establishing 
the working limits,
    (2) The train is stopped,
    (3) Further movements of the train will be made only as permitted by 
the roadway worker in charge of the working limits while the working 
limits remain in effect, and
    (4) The crew of the train will not give up its exclusive authority 
to move until the working limits have been released to the train crew by 
the roadway worker in charge of the working limits.

Sec. 214.327  Inaccessible track.

    (a) Working limits on non-controlled track shall be established by 
rendering the track within working limits physically inaccessible to 
trains at each possible point of entry by one of the following features:
    (1) A flagman with instructions and capability to hold all trains 
and equipment clear of the working limits;
    (2) A switch or derail aligned to prevent access to the working 
limits and secured with an effective securing device by the roadway 
worker in charge of the working limits;
    (3) A discontinuity in the rail that precludes passage of trains or 
engines into the working limits;
    (4) Working limits on controlled track that connects directly with 
the inaccessible track, established by the roadway worker in charge of 
the working limits on the inaccessible track; or
    (5) A remotely controlled switch aligned to prevent access to the 
working limits and secured by the control operator of such remotely 
controlled switch by application of a locking or blocking device to the 
control of that switch, when:
    (i) The control operator has secured the remotely controlled switch 
by applying a locking or blocking device to the control of the switch, 
and
    (ii) The control operator has notified the roadway worker who has 
established the working limits that the requested protection has been 
provided, and
    (iii) The control operator is not permitted to remove the locking or 
blocking device from the control of the switch until receiving 
permission to do so from the roadway worker who established the working 
limits.
    (b) Trains and roadway maintenance machines within working limits 
established by means of inaccessible track shall move only under the 
direction of the roadway worker in charge of the working limits, and 
shall move at restricted speed.
    (c) No operable locomotives or other items of on-track equipment, 
except those present or moving under the direction of the roadway worker 
in charge of the working limits, shall be located within working limits 
established by means of inaccessible track.

Sec. 214.329  Train approach warning provided by watchmen/lookouts.

    Roadway workers in a roadway work group who foul any track outside 
of working limits shall be given warning of approaching trains by one or 
more

[[Page 158]]

watchmen/lookouts in accordance with the following provisions:
    (a) Train approach warning shall be given in sufficient time to 
enable each roadway worker to move to and occupy a previously arranged 
place of safety not less than 15 seconds before a train moving at the 
maximum speed authorized on that track can pass the location of the 
roadway worker.
    (b) Watchmen/lookouts assigned to provide train approach warning 
shall devote full attention to detecting the approach of trains and 
communicating a warning thereof, and shall not be assigned any other 
duties while functioning as watchmen/lookouts.
    (c) The means used by a watchman/lookout to communicate a train 
approach warning shall be distinctive and shall clearly signify to all 
recipients of the warning that a train or other on-track equipment is 
approaching.
    (d) Every roadway worker who depends upon train approach warning for 
on-track safety shall maintain a position that will enable him or her to 
receive a train approach warning communicated by a watchman/lookout at 
any time while on-track safety is provided by train approach warning.
    (e) Watchmen/lookouts shall communicate train approach warnings by a 
means that does not require a warned employee to be looking in any 
particular direction at the time of the warning, and that can be 
detected by the warned employee regardless of noise or distraction of 
work.
    (f) Every roadway worker who is assigned the duties of a watchman/
lookout shall first be trained, qualified and designated in writing by 
the employer to do so in accordance with the provisions of Sec. 214.349.
    (g) Every watchman/lookout shall be provided by the employer with 
the equipment necessary for compliance with the on-track safety duties 
which the watchman/lookout will perform.

Sec. 214.331  Definite train location.

    A roadway worker may establish on-track safety by using definite 
train location only where permitted by and in accordance with the 
following provisions:
    (a) A Class I railroad or a commuter railroad may only use definite 
train location to establish on-track safety at points where such 
procedures were in use on January 15, 1997.
    (b) Each Class I or commuter railroad shall include in its on-track 
safety program for approval by FRA in accordance with Sec. 214.307 of 
this part a schedule for phase-out of the use of definite train location 
to establish on-track safety.
    (c) A railroad other than a Class I or commuter railroad may use 
definite train location to establish on-track safety on subdivisions 
only where:
    (1) Such procedures were in use on January 15, 1997, or
    (2) The number of trains operated on the subdivision does not 
exceed:
    (i) Three during any nine-hour period in which roadway workers are 
on duty, and
    (ii) Four during any twelve-hour period in which roadway workers are 
on duty.
    (d) Definite train location shall only be used to establish on-track 
safety according to the following provisions:
    (1) Definite train location information shall be issued only by the 
one train dispatcher who is designated to authorize train movements over 
the track for which the information is provided.
    (2) A definite train location list shall indicate all trains to be 
operated on the track for which the list is provided, during the time 
for which the list is effective.
    (3) Trains not shown on the definite train location list shall not 
be operated on the track for which the list is provided, during the time 
for which the list is effective, until each roadway worker to whom the 
list has been issued has been notified of the train movement, has 
acknowledged the notification to the train dispatcher, and has canceled 
the list. A list thus canceled shall then be invalid for on-track 
safety.
    (4) Definite train location shall not be used to establish on-track 
safety within the limits of a manual interlocking, or on track over 
which train movements are governed by a Traffic Control System or by a 
Manual Block System.
    (5) Roadway workers using definite train location for on-track 
safety shall

[[Page 159]]

not foul a track within ten minutes before the earliest time that a 
train is due to depart the last station at which time is shown in 
approach to the roadway worker's location nor until that train has 
passed the location of the roadway worker.
    (6) A railroad shall not permit a train to depart a location 
designated in a definite train location list before the time shown 
therein.
    (7) Each roadway worker who uses definite train location to 
establish on-track safety must be qualified on the relevant physical 
characteristics of the territory for which the train location 
information is provided.

Sec. 214.333  Informational line-ups of trains.

    (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 include a schedule for discontinuance of 
the procedure by a definite date.

Sec. 214.335  On-track safety procedures for roadway work groups.

    (a) No employer subject to the provisions of this part shall require 
or permit a roadway worker who is a member of a roadway work group to 
foul a track unless on-track safety is provided by either working 
limits, train approach warning, or definite train location in accordance 
with the applicable provisions of Secs. 214.319, 214.321, 213.323, 
214.325, 214.327, 214.329 and 214.331 of this part.
    (b) No roadway worker who is a member of a roadway work group shall 
foul a track without having been informed by the roadway worker 
responsible for the on-track safety of the roadway work group that on-
track safety is provided.
    (c) Roadway work groups engaged in large-scale maintenance or 
construction shall be provided with train approach warning in accordance 
with Sec. 214.327 for movements on adjacent tracks that are not included 
within working limits.

Sec. 214.337  On-track safety procedures for lone workers.

    (a) A lone worker who fouls a track while performing routine 
inspection or minor correction may use individual train detection to 
establish on-track safety only where permitted by this section and the 
on-track safety program of the railroad.
    (b) A lone worker retains an absolute right to use on-track safety 
procedures other than individual train detection if he or she deems it 
necessary, and to occupy a place of safety until such other form of on-
track safety can be established.
    (c) Individual train detection may be used to establish on-track 
safety only:
    (1) By a lone worker who has been trained, qualified, and designated 
to do so by the employer in accordance with Sec. 214.347 of this 
subpart;
    (2) While performing routine inspection and minor correction work;
    (3) On track outside the limits of a manual interlocking, a 
controlled point, or a remotely controlled hump yard facility;
    (4) Where the lone worker is able to visually detect the approach of 
a train moving at the maximum speed authorized on that track, and move 
to a previously determined place of safety, not less than 15 seconds 
before the train would arrive at the location of the lone worker;
    (5) Where no power-operated tools or roadway maintenance machines 
are in use within the hearing of the lone worker; and
    (6) Where the ability of the lone worker to hear and see approaching 
trains and other on-track equipment is not impaired by background noise, 
lights, precipitation, fog, passing trains, or any other physical 
conditions.
    (d) The place of safety to be occupied by a lone worker upon the 
approach of a train may not be on a track, unless

[[Page 160]]

working limits are established on that track.
    (e) A lone worker using individual train detection for on-track 
safety while fouling a track may not occupy a position or engage in any 
activity that would interfere with that worker's ability to maintain a 
vigilant lookout for, and detect the approach of, a train moving in 
either direction as prescribed in this section.
    (f) A lone worker who uses individual train detection to establish 
on-track safety shall first complete a written Statement of On-track 
Safety. The Statement shall designate the limits of the track for which 
it is prepared and the date and time for which it is valid. The 
statement shall show the maximum authorized speed of trains within the 
limits for which it is prepared, and the sight distance that provides 
the required warning of approaching trains. The lone worker using 
individual train detection to establish on-track safety shall produce 
the Statement of On-track Safety when requested by a representative of 
the Federal Railroad Administrator.

Sec. 214.339  Audible warning from trains.

    Each railroad shall require that the locomotive whistle be sounded, 
and the locomotive bell be rung, by trains approaching roadway workers 
on or about the track. Such audible warning shall not substitute for on-
track safety procedures prescribed in this part.

Sec. 214.341  Roadway maintenance machines.

    (a) Each employer shall include in its on-track safety program 
specific provisions for the safety of roadway workers who operate or 
work near roadway maintenance machines. Those provisions shall address:
    (1) Training and qualification of operators of roadway maintenance 
machines.
    (2) Establishment and issuance of safety procedures both for general 
application and for specific types of machines.
    (3) Communication between machine operators and roadway workers 
assigned to work near or on roadway maintenance machines.
    (4) Spacing between machines to prevent collisions.
    (5) Space between machines and roadway workers to prevent personal 
injury.
    (6) Maximum working and travel speeds for machines dependent upon 
weather, visibility, and stopping capabilities.
    (b) Instructions for the safe operation of each roadway machine 
shall be provided and maintained with each machine large enough to carry 
the instruction document.
    (1) No roadway worker shall operate a roadway maintenance machine 
without having been trained in accordance with Sec. 214.355.
    (2) No roadway worker shall operate a roadway maintenance machine 
without having complete knowledge of the safety instructions applicable 
to that machine.
    (3) No employer shall assign roadway workers to work near roadway 
machines unless the roadway worker has been informed of the safety 
procedures applicable to persons working near the roadway machines and 
has acknowledged full understanding.
    (c) Components of roadway maintenance machines shall be kept clear 
of trains passing on adjacent tracks. Where operating conditions permit 
roadway maintenance machines to be less than four feet from the rail of 
an adjacent track, the on-track safety program of the railroad shall 
include the procedural instructions necessary to provide adequate 
clearance between the machine and passing trains.

Sec. 214.343  Training and qualification, general.

    (a) No employer shall assign an employee to perform the duties of a 
roadway worker, and no employee shall accept such assignment, unless 
that employee has received training in the on-track safety procedures 
associated with the assignment to be performed, and that employee has 
demonstrated the ability to fulfill the responsibilities for on-track 
safety that are required of an individual roadway worker performing that 
assignment.
    (b) Each employer shall provide to all roadway workers in its employ 
initial

[[Page 161]]

or recurrent training once every calendar year on the on-track safety 
rules and procedures that they are required to follow.
    (c) Railroad employees other than roadway workers, who are 
associated with on-track safety procedures, and whose primary duties are 
concerned with the movement and protection of trains, shall be trained 
to perform their functions related to on-track safety through the 
training and qualification procedures prescribed by the operating 
railroad for the primary position of the employee, including maintenance 
of records and frequency of training.
    (d) Each employer of roadway workers shall maintain written or 
electronic records of each roadway worker qualification in effect. Each 
record shall include the name of the employee, the type of qualification 
made, and the most recent date of qualification. These records shall be 
kept available for inspection and photocopying by the Federal Railroad 
Administrator during regular business hours.

Sec. 214.345  Training for all roadway workers.

    The training of all roadway workers shall include, as a minimum, the 
following:
    (a) Recognition of railroad tracks and understanding of the space 
around them within which on-track safety is required.
    (b) The functions and responsibilities of various persons involved 
with on-track safety procedures.
    (c) Proper compliance with on-track safety instructions given by 
persons performing or responsible for on-track safety functions.
    (d) Signals given by watchmen/lookouts, and the proper procedures 
upon receiving a train approach warning from a lookout.
    (e) The hazards associated with working on or near railroad tracks, 
including review of on-track safety rules and procedures.

Sec. 214.347  Training and qualification for lone workers.

    Each lone worker shall be trained and qualified by the employer to 
establish on-track safety in accordance with the requirements of this 
section, and must be authorized to do so by the railroad that conducts 
train operations on those tracks.
    (a) The training and qualification for lone workers shall include, 
as a minimum, consideration of the following factors:
    (1) Detection of approaching trains and prompt movement to a place 
of safety upon their approach.
    (2) Determination of the distance along the track at which trains 
must be visible in order to provide the prescribed warning time.
    (3) Rules and procedures prescribed by the railroad for individual 
train detection, establishment of working limits, and definite train 
location.
    (4) On-track safety procedures to be used in the territory on which 
the employee is to be qualified and permitted to work alone.
    (b) Initial and periodic qualification of a lone worker shall be 
evidenced by demonstrated proficiency.

Sec. 214.349  Training and qualification of watchmen/lookouts.

    (a) The training and qualification for roadway workers assigned the 
duties of watchmen/lookouts shall include, as a minimum, consideration 
of the following factors:
    (1) Detection and recognition of approaching trains.
    (2) Effective warning of roadway workers of the approach of trains.
    (3) Determination of the distance along the track at which trains 
must be visible in order to provide the prescribed warning time.
    (4) Rules and procedures of the railroad to be used for train 
approach warning.
    (b) Initial and periodic qualification of a watchman/lookout shall 
be evidenced by demonstrated proficiency.

Sec. 214.351  Training and qualification of flagmen.

    (a) The training and qualification for roadway workers assigned the 
duties of flagmen shall include, as a minimum, the content and 
application of the operating rules of the railroad pertaining to giving 
proper stop signals to trains and holding trains clear of working 
limits.

[[Page 162]]

    (b) Initial and periodic qualification of a flagman shall be 
evidenced by demonstrated proficiency.

Sec. 214.353  Training and qualification of roadway workers who provide 
          on-track safety for roadway work groups.

    (a) The training and qualification of roadway workers who provide 
for the on-track safety of groups of roadway workers through 
establishment of working limits or the assignment and supervision of 
watchmen/lookouts or flagmen shall include, as a minimum:
    (1) All the on-track safety training and qualification required of 
the roadway workers to be supervised and protected.
    (2) The content and application of the operating rules of the 
railroad pertaining to the establishment of working limits.
    (3) The content and application of the rules of the railroad 
pertaining to the establishment or train approach warning.
    (4) The relevant physical characteristics of the territory of the 
railroad upon which the roadway worker is qualified.
    (b) Initial and periodic qualification of a roadway worker to 
provide on track safety for groups shall be evidenced by a recorded 
examination.

Sec. 214.355  Training and qualification in on-track safety for 
          operators of roadway maintenance machines.

    (a) The training and qualification of roadway workers who operate 
roadway maintenance machines shall include, as a minimum:
    (1) Procedures to prevent a person from being struck by the machine 
when the machine is in motion or operation.
    (2) Procedures to prevent any part of the machine from being struck 
by a train or other equipment on another track.
    (3) Procedures to provide for stopping the machine short of other 
machines or obstructions on the track.
    (4) Methods to determine safe operating procedures for each machine 
that the operator is expected to operate.
    (b) Initial and periodic qualification of a roadway worker to 
operate roadway maintenance machines shall be evidenced by demonstrated 
proficiency.

  Subpart D--On-Track Roadway Maintenance Machines and Hi-Rail Vehicles

    Source: 68 FR 44407, July 28, 2003, unless otherwise noted.

Sec. 214.501  Purpose and scope.

    (a) The purpose of this subpart is to prevent accidents and 
casualties caused by the lawful operation of on-track roadway 
maintenance machines and hi-rail vehicles.
    (b) This subpart prescribes minimum safety standards for on-track 
roadway maintenance machines and hi-rail vehicles. An employer may 
prescribe additional or more stringent standards that are consistent 
with this subpart.
    (c) Any working condition that involves the protection of employees 
engaged in roadway maintenance duties covered by this subpart but is not 
within the subject matter addressed by this subpart, including employee 
exposure to noise, shall be governed by the regulations of the U.S. 
Department of Labor, Occupational Safety and Health Administration.

Sec. 214.503  Good-faith challenges; procedures for notification and 
          resolution.

    (a) An employee operating an on-track roadway maintenance machine or 
hi-rail vehicle shall inform the employer whenever the employee makes a 
good-faith determination that the machine or vehicle does not comply 
with FRA regulations or has a condition that inhibits its safe 
operation.
    (b) Any employee charged with operating an on-track roadway 
maintenance machine or hi-rail vehicle covered by this subpart may 
refuse to operate the machine or vehicle if the employee makes a good-
faith determination that it does not comply with the requirements of 
this subpart or has a condition that inhibits its safe operation. The 
employer shall not require the employee to operate the machine or 
vehicle until the challenge resulting from the good-faith determination 
is resolved.

[[Page 163]]

    (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.

Sec. 214.505  Required environmental control and protection systems for 
          new on-track roadway maintenance machines with enclosed cabs.

    (a) The following new on-track roadway maintenance machines shall be 
equipped with enclosed cabs with operative heating systems, operative 
air conditioning systems, and operative positive pressurized ventilation 
systems:
    (1) Ballast regulators;
    (2) Tampers;
    (3) Mechanical brooms;
    (4) Rotary scarifiers;
    (5) Undercutters; and
    (6) Functional equivalents of any of the machines identified in 
paragraphs (a)(1) through (a)(5) of this section.
    (b) New on-track roadway maintenance machines, and existing on-track 
roadway maintenance machines specifically designated by the employer, of 
the types identified in paragraphs (a)(1) through (a)(5) of this 
section, or functionally equivalent thereto, shall be capable of 
protecting employees in the cabs of the machines from exposure to air 
contaminants, in accordance with 29 CFR 1910.1000.
    (c) An employer shall maintain a list of new and designated existing 
on-track roadway maintenance machines of the types identified in 
paragraphs (a)(1) through (a)(5) of this section, or functionally 
equivalent thereto. The list shall be kept current and made available to 
the Federal Railroad Administration and other Federal and State agencies 
upon request.
    (d) An existing roadway maintenance machine of the type identified 
in paragraphs (a)(1) through (a)(5) of this section, or functionally 
equivalent thereto, becomes ``designated'' when the employer adds the 
machine to the list required in paragraph (c) of this section. The 
designation is irrevocable, and the designated existing roadway 
maintenance machine remains subject to paragraph (b) of this section 
until it is retired or sold.
    (e) If the ventilation system on a new on-track roadway maintenance 
machine or a designated existing on-track roadway maintenance machine of 
the type identified in paragraphs (a)(1) through (a)(5) of this section, 
or functionally equivalent thereto, becomes incapable of protecting an 
employee in the cab of the machine from exposure to air contaminants in 
accordance with 29 CFR 1910.1000, personal respiratory protective 
equipment shall be provided for each such employee until the machine is 
repaired in accordance with Sec. 214.531.
    (f) Personal respiratory protective equipment provided under 
paragraph (e) of this section shall comply with 29 CFR 1910.134.
    (g) New on-track roadway maintenance machines with enclosed cabs, 
other than the types identified in paragraphs (a)(1) through (a)(5) of 
this section or functionally equivalent thereto, shall be equipped with 
operative heating and ventilation systems.
    (h) When new on-track roadway maintenance machines require operation 
from non-enclosed stations outside of the main cab, the non-enclosed 
stations shall be equipped, where feasible from an engineering 
standpoint, with a permanent or temporary roof, canopy, or umbrella 
designed to provide cover from normal rainfall and midday sun.

Sec. 214.507  Required safety equipment for new on-track roadway 
          maintenance machines.

    (a) Each new on-track roadway maintenance machine shall be equipped 
with:
    (1) A seat for each operator, except as provided in paragraph (b) of 
this section;
    (2) A safe and secure position with handholds, handrails, or a 
secure seat for each roadway worker transported on the machine. Each 
position shall be

[[Page 164]]

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, and power windshield wipers or suitable alternatives that 
provide the 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 
[plusmn]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.

Sec. 214.509  Required visual illumination and reflective devices for 
          new on-track roadway maintenance machines.

    Each new on-track roadway maintenance machine shall be equipped with 
the following visual illumination and reflective devices:
    (a) An illumination device, such as a headlight, capable of 
illuminating obstructions on the track ahead in the direction of travel 
for a distance of 300 feet under normal weather and atmospheric 
conditions;
    (b) Work lights, if the machine is operated during the period 
between one-half hour after sunset and one-half hour before sunrise or 
in dark areas such as tunnels, unless equivalent lighting is otherwise 
provided;
    (c) An operative 360-degree intermittent warning light or beacon 
mounted on the roof of the machine. New roadway maintenance machines 
that are not equipped with fixed roofs and have a light weight less than 
17,500 pounds are exempt from this requirement;
    (d) A brake light activated by the application of the machine 
braking system, and designed to be visible for a distance of 300 feet 
under normal weather and atmospheric conditions; and
    (e) Rearward viewing devices, such as rearview mirrors.

Sec. 214.511  Required audible warning devices for new on-track roadway 
          maintenance machines.

    Each new on-track roadway maintenance machine shall be equipped 
with:
    (a) A horn or other audible warning device that produces a sound 
loud enough to be heard by roadway workers and other machine operators 
within the immediate work area. The triggering mechanism for the device 
shall be clearly identifiable and within easy reach of the machine 
operator; and
    (b) An automatic change-of-direction alarm which provides an audible 
signal that is at least three seconds long and is distinguishable from 
the surrounding noise. Change of direction alarms may be interrupted by 
the machine operator when operating the machine in the work mode if the 
function of the machine would result in a constant, or almost constant, 
sounding of the device. In any action brought by FRA to enforce the 
change-of-direction alarm requirement, the employer shall have the 
burden of proving that use of the change-of-direction alarm in a 
particular work function would cause a constant, or almost constant, 
sounding of the device.

[[Page 165]]

Sec. 214.513  Retrofitting of existing on-track roadway maintenance 
          machines; general.

    (a) Each existing on-track roadway maintenance machine shall have a 
safe and secure position for each roadway worker transported on the 
machine and protection 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.

Sec. 214.515  Overhead covers for existing on-track roadway maintenance 
          machines.

    (a) For those existing on-track roadway maintenance machines either 
currently or previously equipped with overhead covers for the operator's 
position, defective covers shall be repaired, and missing covers shall 
be reinstalled, by March 28, 2005 and thereafter maintained in 
accordance with the provisions of Sec. 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.

Sec. 214.517  Retrofitting of existing on-track roadway maintenance 
          machines manufactured on or after January 1, 1991.

    In addition to meeting the requirements of Sec. 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.
    (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.

[[Page 166]]

    (g) Handholds, handrails, or a secure seat or bench position for 
each roadway worker transported on the machine.

Sec. 214.518  Safe and secure positions for riders.

    A roadway worker, other than the machine operator(s), 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.

Sec. 214.519  Floors, decks, stairs, and ladders of on-track roadway 
          maintenance machines.

    Floors, decks, stairs, and ladders of on-track roadway maintenance 
machines shall be of appropriate design and maintained to provide secure 
access and footing, and shall be free of oil, grease, or any obstruction 
which creates a slipping, falling, or fire hazard.

Sec. 214.521  Flagging equipment for on-track roadway maintenance 
          machines and hi-rail vehicles.

    When being operated over trackage subject to a railroad operating 
rule requiring flagging, each on-track roadway maintenance machine and 
each hi-rail vehicle shall have on board a flagging kit that complies 
with the operating rules of the railroad, if the equipment is not part 
of a roadway work group or is the lead or trailing piece of equipment in 
a roadway work group operating under the same occupancy authority.

Sec. 214.523  Hi-rail vehicles.

    (a) The hi-rail gear of all hi-rail vehicles shall be inspected for 
safety at least annually and with no more than 14 months between 
inspections. Tram, wheel wear, and gage shall be measured and, if 
necessary, adjusted to allow the vehicle to be safely operated.
    (b) Each employer shall keep records pertaining to compliance with 
paragraph (a) of this section. Records may be kept on forms provided by 
the employer or by electronic means. The employer shall retain the 
record of each inspection until the next required inspection is 
performed. The records shall be made available for inspection and 
copying during normal business hours by representatives of FRA and 
States participating under part 212 of this chapter. The records may be 
kept on the hi-rail vehicle or at a location designated by the employer.
    (c) A new hi-rail vehicle shall be equipped with:
    (1) An automatic change-of-direction alarm or backup alarm that 
provides an audible signal at least three seconds long and 
distinguishable from the surrounding noise; and
    (2) An operable 360-degree intermittent warning light or beacon 
mounted on the outside of the vehicle.
    (d)(1) The operator of a hi-rail vehicle shall check the vehicle for 
compliance with this subpart, prior to using the vehicle at the start of 
the operator's work shift.
    (2) A non-complying condition that cannot be repaired immediately 
shall be tagged and dated in a manner prescribed by the employer and 
reported to the designated official.
    (3) Non-complying automatic change-of-direction alarms, backup 
alarms, and 360-degree intermittent warning lights or beacons shall be 
repaired or replaced as soon as practicable within seven calendar days.

Sec. 214.525  Towing with on-track roadway maintenance machines or hi-
          rail vehicles.

    (a) When used to tow pushcars or other maintenance-of-way equipment, 
each on-track roadway maintenance machine or hi-rail vehicle shall be 
equipped with a towing bar or other coupling device that provides a safe 
and secure attachment.
    (b) An on-track roadway maintenance machine or hi-rail vehicle shall 
not be used to tow pushcars or other maintenance-of-way equipment if the 
towing would cause the machine or hi-rail vehicle to exceed the 
capabilities of its braking system. In determining the limit of the 
braking system, the employer must consider the track grade (slope), as 
well as the number and weight of pushcars or other equipment to be 
towed.

[[Page 167]]

Sec. 214.527  On-track roadway maintenance machines; inspection for 
          compliance and schedule for repairs.

    (a) The operator of an on-track roadway maintenance machine shall 
check the machine components for compliance with this subpart, prior to 
using the machine at the start of the operator's work shift.
    (b) Any non-complying condition that cannot be repaired immediately 
shall be tagged and dated in a manner prescribed by the employer and 
reported to the designated official.
    (c) The operation of an on-track roadway maintenance machine with a 
non-complying condition shall be governed by the following requirements:
    (1) An on-track roadway maintenance machine with headlights or work 
lights that are not in compliance may be operated for a period not 
exceeding 7 calendar days and only during the period between one-half 
hour before sunrise and one-half hour after sunset;
    (2) A portable horn may be substituted for a non-complying or 
missing horn for a period not exceeding seven calendar days;
    (3) A fire extinguisher readily available for use may temporarily 
replace a missing, defective or discharged fire extinguisher on a new 
on-track roadway maintenance machine for a period not exceeding 7 
calendar days, pending the permanent replacement or repair of the 
missing, defective or used fire extinguisher;
    (4) Non-complying automatic change-of-direction alarms, backup 
alarms, and 360-degree intermittent warning lights or beacons shall be 
repaired or replaced as soon as practicable within 7 calendar days; and
    (5) A structurally defective or missing operator's seat shall be 
replaced or repaired within 24 hours or by the start of the machine's 
next tour of duty, whichever is later. The machine may be operated for 
the remainder of the operator's tour of duty if the defective or missing 
operator's seat does not prevent its safe operation.

Sec. 214.529  In-service failure of primary braking system.

    (a) In the event of a total in-service failure of its primary 
braking system, an on-track roadway maintenance machine may be operated 
for the remainder of its tour of duty with the use of a secondary 
braking system or by coupling to another machine, if such operations may 
be done safely.
    (b) If the total in-service failure of an on-track roadway 
maintenance machine's primary braking system occurs where other 
equipment is not available for coupling, the 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.

Sec. 214.531  Schedule of repairs; general.

    Except as provided in Secs. 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.

Sec. 214.533  Schedule of repairs subject to availability of parts.

    (a) The employer shall order a part necessary to repair a non-
complying condition on an on-track roadway maintenance machine or a hi-
rail vehicle by the end of the next business day following the report of 
the defect.
    (b) When the employer cannot repair a non-complying condition as 
required by Sec. 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 Sec. 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

[[Page 168]]

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.

         Appendix A to Part 214--Schedule of Civil Penalties \1\

------------------------------------------------------------------------
                    Section                      Violation     Willful
------------------------------------------------------------------------
   Subpart B--Bridge Worker Safety Standards

214.103 Fall protection:
  (i) Failure to provide fall protection......       $5,000      $10,000
  (ii) Failure to use fall protection.........  ...........        2,500
214.105 Standards and practices:
  (a) General:
    (1) Fall protection used for other                2,500        5,000
     purposes.................................
    (2) Failure to remove from service........        2,500        5,000
    (3) Failure to protect from deterioration.        2,500        5,000
    (4) Failure to inspect and remove.........        5,000       10,000
    (5) Failure to train......................        5,000       10,000
    (6) Failure to provide for prompt rescue..        5,000       10,000
    (7) Failure to prevent damage.............        2,500        5,000
    (8) Failure to use proper connectors......        2,500        5,000
    (9) Failure to use proper anchorages......        2,500        5,000
  (b) Fall arrest system:
    (1)-(17) Failure to provide conforming            2,500        5,000
     equipment................................
  (c) Safety net systems:
    (1) Failure to install close to workplace.        2,500        5,000
    (2) Failure to provide fall arrest if over        5,000       10,000
     30 feet..................................
    (3) Failure to provide for unobstructed           5,000       10,000
     fall.....................................
    (4) Failure to test.......................        2,500        5,000
    (5) Failure to use proper equipment.......        2,500        5,000
    (6) Failure to prevent contact with               5,000       10,000
     surface below............................
    (7) Failure to properly install...........        5,000       10,000
    (8) Failure to remove defective nets......        5,000       10,000
    (9) Failure to inspect....................        5,000       10,000
    (10) Failure to remove objects............        1,000        2,500
    (11)-(13) Failure to use conforming               2,500       10,000
     equipment................................
214.107 Working over water:
  (a)(i) Failure to provide life vest.........        5,000       10,000
    (ii) Failure to use life vest.............  ...........        1,500
  (c) Failure to inspect......................        2,500        5,000
  (e)(i) Failure to provide ring bouys........        5,000       10,000
    (ii) Failure to use ring bouys............  ...........        1,500
  (f)(i) Failure to provide skiff.............        1,000        2,500
    (ii) Failure to use skiff.................  ...........        1,500
214.109 Scaffolding:
  (a)-(f) Failure to provide conforming               2,500        5,000
   equipment..................................
214.113 Head protection:
  (a)(i) Failure to provide...................        2,500        5,000
    (ii) Failure to use.......................  ...........        1,500
  (b) or (c) Failure to provide conforming            2,500        5,000
   equipment..................................
214.115 Foot protection:
  (a)(i) Failure to require use of............        2,500        5,000
    (ii) Failure to use.......................  ...........        1,500
214.117 Eye and face protection:
  (a)(i) Failure to provide...................        2,500        5,000
    (ii) Failure to use.......................  ...........        1,500
  (b) Failure to use conforming equipment.....        2,500        5,000
  (c) Use of defective equipment..............        2,500        5,000
  (d) Failure to provide for corrective lenses        2,500        5,000
  Subpart C-- Roadway Worker Protection Rule

214.303 Railroad on-track safety programs,
 generally:
  (a) Failure of a railroad to implement an On-      10,000       20,000
   track Safety Program.......................

[[Page 169]]


  (b) On-track Safety Program of a railroad           5,000       10,000
   includes no internal monitoring procedure..
214.305 Compliance Dates:
  Failure of a railroad to comply by the              5,000       10,000
   specified dates............................
214.307 Review and approval of individual on-
 track safety programs by FRA:
  (a)(i) Failure to notify FRA of adoption of         1,000        5,000
   On-track Safety Program....................
    (ii) Failure to designate primary person          1,000        2,000
     to contact for program review............
214.309 On-track safety program documents:
  (1) On-track Safety Manual not provided to          2,000        5,000
   prescribed employees.......................
  (2) On-track Safety Program documents issued        2,000        5,000
   in fragments...............................
214.311 Responsibility of employers:
  (b) Roadway worker required by employer to          5,000       10,000
   foul a track during an unresolved challenge
  (c) Roadway workers not provided with               5,000       10,000
   written procedure to resolve challenges of
   on-track safety procedures.................
214.313 Responsibility of individual roadway
 workers:
  (b) Roadway worker fouling a track when not   ...........        1,000
   necessary in the performance of duty.......
  (c) Roadway worker fouling a track without    ...........        1,500
   ascertaining that provision is made for on-
   track safety...............................
  (d) Roadway worker failing to notify          ...........        3,000
   employer of determination of improper on-
   track safety provisions....................
214.315 Supervision and communication:
  (a) Failure of employer to provide job              2,000       10,000
   briefing...................................
  (b) Incomplete job briefing.................        2,000        5,000
  (c)(i) Failure to designate roadway worker          2,000        5,000
   in charge of roadway work group............
    (ii) Designation of more than one roadway         1,000        2,000
     worker in charge of one roadway work
     group....................................
    (iii) Designation of non-qualified roadway        3,000        6,000
     worker in charge of roadway work group...
  (d)(i) Failure to notify roadway workers of         3,000        6,000
   on-track safety procedures in effect.......
    (ii) Incorrect information provided to            3,000        6,000
     roadway workers regarding on-track safety
     procedures in effect.....................
    (iii) Failure to notify roadway workers of        3,000        6,000
     change in on-track safety procedures.....
  (e)(i) Failure of lone worker to communicate  ...........        1,500
   with designated employee for daily job
   briefing...................................
    (ii) Failure of employer to provide means         3,000        6,000
     for lone worker to receive daily job
     briefing.................................
214.317 On-track safety procedures, generally:
    On-track safety rules conflict with this          5,000       10,000
     part.....................................
214.319 Working limits, generally:
  (a) Non-qualified roadway worker in charge          5,000       10,000
   of working limits..........................
  (b) More than one roadway worker in charge          2,000        5,000
   of working limits on the same track segment
  (c)(1) Working limits released without              5,000       10,000
   notifying all affected roadway workers.....
    (2) Working limits released before all            5,000       10,000
     affected roadway workers are otherwise
     protected................................
214.321 Exclusive track occupancy:
  (b) Improper transmission of authority for          2,000        5,000
   exclusive track occupancy..................
  (b)(1) Failure to repeat authority for        ...........        1,500
   exclusive track occupancy to issuing
   employee...................................
    (2) Failure to retain possession of         ...........        1,000
     written authority for exclusive track
     occupancy................................
    (3) Failure to record authority for         ...........        2,000
     exclusive track occupancy when issued....
  (c) Limits of exclusive track occupancy not         2,000        4,000
   identified by proper physical features.....
  (d)(1) Movement authorized into limits of           5,000       10,000
   exclusive track occupancy without authority
   of roadway worker in charge................
    (2) Movement authorized within limits of          5,000       10,000
     exclusive track occupancy without
     authority of roadway worker in charge....
    (3) Movement within limits of exclusive           5,000       10,000
     track occupancy exceeding restricted
     speed without authority of roadway worker
     in charge................................
214.323 Foul time:
  (a) Foul time authority overlapping movement        5,000       10,000
   authority of train or equipment............
  (b) Failure to repeat foul time authority to  ...........        1,500
   issuing employee...........................
214.325 Train coordination:
  (a) Train coordination limits established           1,500        4,000
   where more than one train is authorized to
   operate....................................
  (b)(1) Train coordination established with    ...........        1,500
   train not visible to roadway worker at the
   time.......................................
    (2) Train coordination established with     ...........        1,500
     moving train.............................
    (3) Coordinated train moving without              2,000        5,000
     authority of roadway worker in charge....
    (4) Coordinated train releasing movement          3,000        6,000
     authority while working limits are in
     effect...................................
214.327 Inaccessible track:
  (a) Improper control of entry to                    3,000        6,000
   inaccessible track.........................
    (5) Remotely controlled switch not                3,000        6,000
     properly secured by control operator.....
  (b) Train or equipment moving within                3,000        6,000
   inaccessible track limits without
   permission of roadway worker in charge.....
  (c) Unauthorized train or equipment located         2,000        5,000
   within inaccessible track limits...........
214.329 Train approach warning provided by
 watchmen/lookouts:
  (a) Failure to give timely warning of         ...........        5,000
   approaching train..........................
  (b)(1) Failure of watchman/lookout to give    ...........        3,000
   full attention to detecting approach of
   train......................................
    (2) Assignment of other duties to watchman/       3,000        5,000
     lookout..................................
  (c) Failure to provide proper warning signal        2,000        5,000
   devices....................................
  (d) Failure to maintain position to receive   ...........        2,000
   train approach warning signal..............
  (e) Failure to communicate proper warning           1,500        3,000
   signal.....................................
  (f)(1) Assignment of non-qualified person as        3,000        5,000
   watchman/lookout...........................
    (2) Non-qualified person accepting          ...........        1,500
     assignment as watchman/lookout...........
  (g) Failure to properly equip a watchman/           2,000        4,000
   lookout....................................

[[Page 170]]


214.331 Definite train location:
  (a) Definite train location established             3,000        5,000
   where prohibited...........................
  (b) Failure to phase out definite train             3,000        5,000
   location by required date..................
  (d)(1) Train location information issued by         2,000        5,000
   unauthorized person........................
    (2) Failure to include all trains operated        3,000        5,000
     on train location list...................
    (5) Failure to clear a by ten minutes at    ...........        2,000
     the last station at which time is shown..
    (6) Train passing station before time             3,000        5,000
     shown in train location list.............
    (7) Non-qualified person using definite           2,000        3,000
     train location to establish on- track
     safety...................................
214.333 Informational line-ups of trains:
  (a) Informational line-ups of trains used           3,000        5,000
   for on-track safety where prohibited.......
  (b) Informational line-up procedures                5,000       10,000
   inadequate to protect roadway workers......
  (c) Failure to discontinue informational            5,000       10,000
   line-ups by required date..................
214.335 On-track safety procedures for roadway
 work groups :
  (a) Failure to provide on-track safety for a        3,000        5,000
   member of a roadway work group.............
  (b) Member of roadway work group fouling a    ...........        2,000
   track without authority of employee in
   charge.....................................
  (c) Failure to provide train approach               3,000        5,000
   warning or working limits on adjacent track
   where required.............................
214.337 On-track safety procedures for lone
 workers:
  (b) Failure by employer to permit individual        5,000       10,000
   discretion in use of individual train
   detection..................................
  (c)(1) Individual train detection used by           2,000        4,000
   non-qualified employee.....................
    (2) Use of individual train detection       ...........        2,000
     while engaged in heavy or distracting
     work.....................................
    (3) Use of individual train detection in    ...........        2,000
     controlled point or manual interlocking..
    (4) Use of individual train detection with  ...........        2,000
     insufficient visibility..................
    (5) Use of individual train detection with  ...........        2,000
     interfering noise........................
    (6) Use of individual train detection       ...........        3,000
     while a train is passing.................
  (d) Failure to maintain access to place of    ...........        2,000
   safety clear of live tracks................
  (e) Lone worker unable to maintain vigilant   ...........        2,000
   lookout....................................
  (f)(1) Failure to prepare written statement   ...........        1,500
   of on-track safety.........................
    (2) Incomplete written statement of on-     ...........        1,000
     track safety.............................
    (3) Failure to produce written statement    ...........        1,500
     of on-track safety to FRA................
214.339 Audible warning from trains:
  (a) Failure to require audible warning from         2,000        4,000
   trains.....................................
  (b) Failure of train to give audible warning        1,000        3,000
   where required.............................
214.341 Roadway maintenance machines:
  (a) Failure of on-track safety program to           3,000        5,000
   include provisions for safety near roadway
   maintenance machines.......................
  (b) Failure to provide operating                    2,000        4,000
   instructions...............................
    (1) Assignment of non-qualified employee          2,000        5,000
     to operate machine.......................
    (2) Operator unfamiliar with safety               2,000        5,000
     instructions for machine.................
    (3) Roadway worker working with unfamiliar        2,000        5,000
     machine..................................
  (c) Roadway maintenance machine not clear of        3,000        6,000
   passing trains.............................
214.343 Training and qualification, general:
  (a)(1) Failure of railroad program to               5,000       10,000
   include training provisions................
    (2) Failure to provide initial training...        3,000        6,000
  (b) Failure to provide annual training......        2,500        5,000
  (c) Assignment of non-qualified railroad            4,000        8,000
   employees to provide on-track safety.......
  (d)(1) Failure to maintain records of               2,000        4,000
   qualifications.............................
    (2) Incomplete records of qualifications..        1,000        3,000
    (3) Failure to provide records of                 2,000        4,000
     qualifications to FRA....................
214.345 Training for all roadway workers
214.347 Training and qualification for lone
 workers
214.349 Training and qualification of watchmen/
 lookouts
214.351 Training and qualification of flagmen
214.353 Training and qualification of roadway
 workers who provide on-track safety for
 roadway work groups
214.355 Training and qualification in on-track
 safety for operators of roadway maintenance
 machines
    Subpart D--On-Track Roadway Maintenance
         Machines and Hi-Rail Vehicles
214.503 Good-faith challenges; procedures for
 notification and resolution:
    (a) Failure of employee to notify employer  ...........        4,000
     that the machine or vehicle does not
     comply with this subpart or has a
     condition inhibiting safe operation......
    (b) Roadway worker required to operate            5,000       10,000
     machine or vehicle when good-faith
     challenge not resolved...................
    (c) Failure of employer to have or follow         5,000       10,000
     written procedures to resolve good-faith
     challenges...............................
214.505 Required environmental control and
 protection systems for new on-track roadway
 maintenance machines with enclosed cabs:
    (a) Failure to equip new machines with            5,000       10,000
     required systems.........................
    (b) Failure of new or existing machines to        5,000       10,000
     protect employees from exposure to air
     contaminants.............................
    (c) Failure of employer to maintain               2,000        4,000
     required list of machines or make list
     available................................
    (d) Removal of ``designated machine'' from        2,000        4,000
     list before retired or sold..............
    (e) Personal respiratory protective               5,000       10,000
     equipment not provided when ventilation
     system fails.............................
    (f) Personal respiratory protective               5,000       10,000
     equipment fails to meet required
     standards................................
    (g) Other new machines with enclosed cabs         5,000       10,000
     not equipped with operable heating and
     ventilation systems......................

[[Page 171]]


    (h) Non-enclosed station not equipped with        5,000       10,000
     covering, where feasible.................
214.507 Required safety equipment for new on-
 track roadway maintenance machines:
    (a)(1)-(5) Failure to equip new machine or        5,000       10,000
     provide protection as specified in these
     paragraphs...............................
    (a)(6)-(7) Failure to equip new machine           2,500        5,000
     with first-aid kit or operative and
     charged fire extinguisher................
    (b) Position for operator to stand not            5,000       10,000
     properly equipped to provide safe and
     secure position..........................
    (c) New machine not equipped with accurate        2,500        5,000
     speed indicator, as required.............
    (d) As-built light weight not                     2,500        5,000
     conspicuously displayed on new machine...
214.509 Required visual illumination and              2,500        5,000
 reflective devices for new on-track roadway
 maintenance machines.........................
214.511 Required audible warning devices for          5,000       10,000
 new on-track roadway maintenance machines....
214.513 Retrofitting of existing on-track
 roadway maintenance machines; general:
    (a) Failure to provide safe and secure            5,000       10,000
     position and protection from moving parts
     2,000 4,000 inside cab for each roadway
     worker transported on machine............
    (b) Horn or other audible warning device          2,500        5,000
     is missing, inoperable, or has non-
     compliant triggering mechanism...........
    (c) Illumination device or portable light         2,500        5,000
     missing, inoperable, improperly secured,
     or incapable of illuminating track as
     required.................................
214.515 Overhead covers for existing on-track
 roadway maintenance machines:
    (a) Failure to repair, reinstall, or              5,000       10,000
     maintain overhead cover as required......
    (b) Failure to provide written response to        2,000        4,000
     operator's request within 60 days........
214.517 Retrofitting of existing on-track
 roadway maintenance machines manufactured on
 or after January 1, 1991:
    (a) Failure to equip machine with change-         5,000       10,000
     of-direction alarm or rearward viewing
     device...................................
    (b) Failure to equip machine with                 5,000       10,000
     operative heater.........................
    (c) Failure to display light weight of            2,500        5,000
     machine as required......................
    (d) Failure to equip machine with                 5,000       10,000
     reflective material, reflective device,
     or operable brake lights.................
    (e) Failure to install or replace safety          5,000       10,000
     glass as required........................
    (f) Failure to equip machine with                 5,000       10,000
     turntable restraint device or warning
     light as required........................
    (g) Failure to equip machine with                 5,000       10,000
     handholds, handrails, or secure seat or
     bench position as required...............
214.518 Safe and secure position for riders...        5,000       10,000
214.519 Floors, decks, stairs, and ladders for        5,000       10,000
 on-track roadway maintenance machines........
214.521 Flagging equipment for on-track               2,500        5,000
 roadway maintenance machines and hi-rail
 vehicles.....................................
214.523 Hi-rail vehicles:
    (a) Failure to inspect hi-rail gear               5,000       10,000
     annually.................................
    (b) Failure to maintain inspection record         2,000        4,000
     or make record available to FRA..........
    (c) Failure to equip new hi-rail vehicle          2,500        5,000
     with alarm and light or beacon as
     required.................................
    (d)(2) Failure of operator to tag, date or        2,000        4,000
     report non-complying condition...........
    (d)(3) Failure to repair or replace non-          2,500        5,000
     complying alarms, lights or beacons as
     required.................................
214.525 Towing with on-track roadway                  5,000       10,000
 maintenance machines or hi-rail vehicles.....
214.527 On-track roadway maintenance machines;
 inspection for compliance and schedule for
 repairs:
    (a) Failure of operator to check on-track         2,000        4,000
     roadway maintenance machine for
     compliance...............................
    (b) Failure of oeprator to tag, date, or          2,000        4,000
     report noncomplying condition............
    (c)(1)-(4) Failure to meet requirements           2,500        5,000
     for operating on-track roadway
     maintenance machine with non-complying
     headlights, work lights, horn, fire
     extinguisher, alarm, warning light, or
     beacon...................................
    (c)(5) Failure to repair or replace               5,000       10,000
     defective or missing operator's seat
     within required time period..............
214.529 In-service failure of primary braking         5,000       10,000
 system.......................................
214.531 Schedule of repairs; general..........        2,500        5,000
214.533 Schedule of repairs subject to
 availability of parts:
    (a)-(c) Failure to order necessary                2,500        5,000
     part(s), make repair(s), or remove on-
     track roadway maintenance machine or hi-
     rail vehicle from service as required....
    (d) Failure to maintain record or make            2,000        4,000
     record available to FRA..................
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. The Administrator reserves the right to assess a penalty of
  up to $22,000 for any violation where circumstances warrant. See 49
  CFR part 209, appendix A.


[57 FR 28127, June 24, 1992, as amended at 61 FR 65981, Dec. 16, 1996; 
63 FR 11620, Mar. 10, 1998; 68 FR 44412, July 28, 2003]




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