49 C.F.R. Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
Title 49 - Transportation
Source: 68 FR 44407, July 28, 2003, unless otherwise noted.
(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. (a) An employee operating an on-track roadway maintenance machine or hi-rail vehicle shall inform the employer whenever the employee makes a good-faith determination that the machine or vehicle does not comply with FRA regulations or has a condition that inhibits its safe operation. (b) Any employee charged with operating an on-track roadway maintenance machine or hi-rail vehicle covered by this subpart may refuse to operate the machine or vehicle if the employee makes a good-faith determination that it does not comply with the requirements of this subpart or has a condition that inhibits its safe operation. The employer shall not require the employee to operate the machine or vehicle until the challenge resulting from the good-faith determination is resolved. (c) Each employer shall have in place and follow written procedures to assure prompt and equitable resolution of challenges resulting from good-faith determinations made in accordance with this section. The procedures shall include specific steps to be taken by the employer to investigate each good-faith challenge, as well as procedures to follow once the employer finds a challenged machine or vehicle does not comply with this subpart or is otherwise unsafe to operate. The procedures shall also include the title and location of the employer's designated official. (a) The following new on-track roadway maintenance machines shall be equipped with enclosed cabs with operative heating systems, operative air conditioning systems, and operative positive pressurized ventilation systems: (1) Ballast regulators; (2) Tampers; (3) Mechanical brooms; (4) Rotary scarifiers; (5) Undercutters; and (6) Functional equivalents of any of the machines identified in paragraphs (a)(1) through (a)(5) of this section. (b) New on-track roadway maintenance machines, and existing on-track roadway maintenance machines specifically designated by the employer, of the types identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, shall be capable of protecting employees in the cabs of the machines from exposure to air contaminants, in accordance with 29 CFR 1910.1000. (c) An employer shall maintain a list of new and designated existing on-track roadway maintenance machines of the types identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto. The list shall be kept current and made available to the Federal Railroad Administration and other Federal and State agencies upon request. (d) An existing roadway maintenance machine of the type identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, becomes “designated” when the employer adds the machine to the list required in paragraph (c) of this section. The designation is irrevocable, and the designated existing roadway maintenance machine remains subject to paragraph (b) of this section until it is retired or sold. (e) If the ventilation system on a new on-track roadway maintenance machine or a designated existing on-track roadway maintenance machine of the type identified in paragraphs (a)(1) through (a)(5) of this section, or functionally equivalent thereto, becomes incapable of protecting an employee in the cab of the machine from exposure to air contaminants in accordance with 29 CFR 1910.1000, personal respiratory protective equipment shall be provided for each such employee until the machine is repaired in accordance with §214.531. (f) Personal respiratory protective equipment provided under paragraph (e) of this section shall comply with 29 CFR 1910.134. (g) New on-track roadway maintenance machines with enclosed cabs, other than the types identified in paragraphs (a)(1) through (a)(5) of this section or functionally equivalent thereto, shall be equipped with operative heating and ventilation systems. (h) When new on-track roadway maintenance machines require operation from non-enclosed stations outside of the main cab, the non-enclosed stations shall be equipped, where feasible from an engineering standpoint, with a permanent or temporary roof, canopy, or umbrella designed to provide cover from normal rainfall and midday sun. (a) Each new on-track roadway maintenance machine shall be equipped with: (1) A seat for each operator, except as provided in paragraph (b) of this section; (2) A safe and secure position with handholds, handrails, or a secure seat for each roadway worker transported on the machine. Each position shall be protected from moving parts of the machine; (3) A positive method of securement for turntables, on machines equipped with a turntable, through engagement of pins and hooks that block the descent of turntable devices below the rail head when not in use; (4) A windshield with safety glass, or other material with similar properties, if the machine is designed with a windshield. Each new on-track roadway maintenance machine designed with a windshield shall also have power windshield wipers or suitable alternatives that provide the machine operator an equivalent level of vision if windshield wipers are incompatible with the windshield material; (5) A machine braking system capable of effectively controlling the movement of the machine under normal operating conditions; (6) A first-aid kit that is readily accessible and complies with 29 CFR 1926.50(d)(2); and (7) An operative and properly charged fire extinguisher of 5 BC rating or higher which is securely mounted and readily accessible to the operator from the operator's work station. (b) Each new on-track roadway maintenance machine designed to be operated and transported by the operator in a standing position shall be equipped with handholds and handrails to provide the operator with a safe and secure position. (c) Each new on-track roadway maintenance machine that weighs more than 32,500 pounds light weight and is operated in excess of 20 mph shall be equipped with a speed indicator that is accurate within ±5 mph of the actual speed at speeds of 10 mph and above. (d) Each new on-track roadway maintenance machine shall have its as-built light weight displayed in a conspicuous location on the machine. [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] 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. 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. (a) Each existing on-track roadway maintenance machine shall have a safe and secure position with handholds, handrails, or a secure seat or bench position for each roadway worker transported on the machine. Each position shall be protected from moving parts of the machine. (b) By March 28, 2005, each existing on-track roadway maintenance machine shall be equipped with a permanent or portable horn or other audible warning device that produces a sound loud enough to be heard by roadway workers and other machine operators within the immediate work area. The triggering mechanism for the device shall be clearly identifiable and within easy reach of the machine operator. (c) By March 28, 2005, each existing on-track roadway maintenance machine shall be equipped with a permanent illumination device or a portable light that is securely placed and not hand-held. The illumination device or portable light shall be capable of illuminating obstructions on the track ahead for a distance of 300 feet under normal weather and atmospheric conditions when the machine is operated during the period between one-half hour after sunset and one-half hour before sunrise or in dark areas such as tunnels. [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] (a) For those existing on-track roadway maintenance machines either currently or previously equipped with overhead covers for the operator's position, defective covers shall be repaired, and missing covers shall be reinstalled, by March 28, 2005 and thereafter maintained in accordance with the provisions of §214.531. (b) For those existing on-track roadway maintenance machines that are not already equipped with overhead covers for the operator's position, the employer shall evaluate the feasibility of providing an overhead cover on such a machine if requested in writing by the operator assigned to operate the machine or by the operator's designated representative. The employer shall provide the operator a written response to each request within 60 days. When the employer finds the addition of an overhead cover is not feasible, the response shall include an explanation of the reasoning used by the employer to reach that conclusion. (c) For purposes of this section, overhead covers shall provide the operator's position with cover from normal rainfall and midday sun. In addition to meeting the requirements of §214.513, after March 28, 2005 each existing on-track roadway maintenance machine manufactured on or after January 1, 1991, shall have the following: (a) A change-of-direction alarm or rearview mirror or other rearward viewing device, if either device is feasible, given the machine's design, and if either device adds operational safety value, given the machine's function. In any action brought by FRA to enforce this requirement, the employer shall have the burden of proving that neither device is feasible or adds operational safety value, or both, given the machine's design or work function. (b) An operative heater, when the machine is operated at an ambient temperature less than 50 degrees Fahrenheit and is equipped with, or has been equipped with, a heater installed by the manufacturer or the railroad. (c) The light weight of the machine stenciled or otherwise clearly displayed on the machine, if the light weight is known. (d) Reflective material, or a reflective device, or operable brake lights. (e) Safety glass when its glass is normally replaced, except that replacement glass that is specifically intended for on-track roadway maintenance machines and is in the employer's inventory as of September 26, 2003 may be utilized until exhausted. (f) A turntable restraint device, on machines equipped with a turntable, to prevent undesired lowering, or a warning light indicating that the turntable is not in the normal travel position. [68 FR 44407, July 28, 2003, as amended at 69 FR 8839, Feb. 26, 2004] On or after March 1, 2004, a roadway worker, other than the machine operator, is prohibited from riding on any on-track roadway maintenance machine unless a safe and secure position for each roadway worker on the machine is clearly identified by stenciling, marking, or other written notice. [69 FR 8839, Feb. 26, 2004] 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. Each on-track roadway maintenance machine and hi-rail vehicle shall have on board a flagging kit that complies with the operating rules of the railroad if: (a) The equipment is operated over trackage subject to a railroad operating rule requiring flagging; and (b)(1) The equipment is not part of a roadway work group; or (2) The equipment is the lead or trailing piece of equipment in a roadway work group operating under the same occupancy authority. [69 FR 8839, Feb. 26, 2004] (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. (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. (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. (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. Except as provided in §§214.527(c)(5), 214.529, and 214.533, an on-track roadway maintenance machine or hi-rail vehicle that does not meet all the requirements of this subpart shall be brought into compliance as soon as practicable within seven calendar days. If repairs are not made within seven calendar days, the on-track roadway maintenance machine or hi-rail vehicle shall be placed out of on-track service. (a) The employer shall order a part necessary to repair a non-complying condition on an on-track roadway maintenance machine or a hi-rail vehicle by the end of the next business day following the report of the defect. (b) When the employer cannot repair a non-complying condition as required by §214.531 because of the temporary unavailability of a necessary part, the employer shall repair the on-track roadway maintenance machine or hi-rail vehicle within seven calendar days after receiving the necessary part. The employer may continue to use the on-track roadway maintenance machine or hi-rail vehicle with a non-complying condition until receiving the necessary part(s) for repair, subject to the requirements of §214.503. However, if a non-complying condition is not repaired within 30 days following the report of the defect, the employer shall remove the on-track roadway maintenance machine or hi-rail vehicle from on-track service until it is brought into compliance with this subpart. (c) If the employer fails to order a part necessary to repair the reported non-complying condition, or if it fails to install an available part within the required seven calendar days, the on-track roadway maintenance machine or hi-rail vehicle shall be removed from on-track service until brought into compliance with this subpart. (d) Each employer shall maintain records pertaining to compliance with this section. Records may be kept on forms provided by the employer or by electronic means. The employer shall retain each record for at least one year, and the records shall be made available for inspection and copying during normal business hours by representatives of FRA and States participating under part 212 of this chapter. The records may be kept on the on-track roadway maintenance machine or hi-rail vehicle or at a location designated by the employer. [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; 69 FR 8839, Feb. 26, 2004; 69 FR 30593, May 28, 2004]
Title 49: Transportation
PART 214—RAILROAD WORKPLACE SAFETY
Subpart D—On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
§ 214.501 Purpose and scope.
§ 214.503 Good-faith challenges; procedures for notification and resolution.
§ 214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs.
§ 214.507 Required safety equipment for new on-track roadway maintenance machines.
§ 214.509 Required visual illumination and reflective devices for new on-track roadway maintenance machines.
§ 214.511 Required audible warning devices for new on-track roadway maintenance machines.
§ 214.513 Retrofitting of existing on-track roadway maintenance machines; general.
§ 214.515 Overhead covers for existing on-track roadway maintenance machines.
§ 214.517 Retrofitting of existing on-track roadway maintenance machines manufactured on or after January 1, 1991.
§ 214.518 Safe and secure positions for riders.
§ 214.519 Floors, decks, stairs, and ladders of on-track roadway maintenance machines.
§ 214.521 Flagging equipment for on-track roadway maintenance machines and hi-rail vehicles.
§ 214.523 Hi-rail vehicles.
§ 214.525 Towing with on-track roadway maintenance machines or hi-rail vehicles.
§ 214.527 On-track roadway maintenance machines; inspection for compliance and schedule for repairs.
§ 214.529 In-service failure of primary braking system.
§ 214.531 Schedule of repairs; general.
§ 214.533 Schedule of repairs subject to availability of parts.
Appendix A to Part 214—Schedule of Civil Penalties1
------------------------------------------------------------------------ Section Violation Willful------------------------------------------------------------------------ Subpart B_Bridge Worker Safety Standards214.103 Fall protection: (i) Failure to provide fall protection...... $5,000 $10,000 (ii) Failure to use fall protection......... ........... 2,500214.105 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................. ........... 1,500214.109 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....................... ........... 1,500214.117 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 Rule214.303 Railroad on-track safety programs, generally: (a) Failure of a railroad to implement an On- 10,000 20,000 track Safety Program....................... (b) On-track Safety Program of a railroad 5,000 10,000 includes no internal monitoring procedure..214.305 Compliance Dates: Failure of a railroad to comply by the 5,000 10,000 specified dates............................214.307 Review and approval of 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....................................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 workers214.347 Training and qualification for lone workers214.349 Training and qualification of watchmen/ lookouts214.351 Training and qualification of flagmen214.353 Training and qualification of roadway workers who provide on-track safety for roadway work groups214.355 Training and qualification in on-track safety for operators of roadway maintenance machines Subpart D_On-Track Roadway Maintenance Machines and Hi-Rail Vehicles214.503 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...................... (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........................214.518 Safe and secure position for riders... 5,000 10,000214.519 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 5,000214.533 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 $27,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A.
