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As defined by Title 49 Code of Federal Regulations (CFR) 214.7, 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. Throughout this special investigation report, the term roadway worker will mean the definition above as well as all engineering employees who are on or near the tracks, regardless of their duties. Railroad and rail transit roadway workers are subject to on-the-job risks and hazards markedly different from those faced by other railroad employees. The jobs of railroad engineers and conductors include risks primarily related to moving trains—derailments, collisions with other trains; the jobs of roadway workers involve hazards that include moving rolling stock and other equipment and vehicles, as well as falls, electrocution, and natural hazards.
TO THE FEDERAL TRANSIT ADMINISTRATION: Once the action specified in Safety Recommendation R-14-38 is completed, update the state safety oversight program to ensure that rail transit systems are meeting the safety requirements for roadway workers.
Original recommendation transmittal letter:
Open - Acceptable Response
Addressee(s) and Addressee Status:
FTA (Open - Acceptable Response)
Safety Recommendation History
We note that (1) 49 United States Code section 5329(e)(4)(A)(iv) requires SSOAs to “review, approve, oversee, and enforce the implementation of” a rail fixed guideway public transportation agency’s safety plan, (2) you intend to establish safety performance criteria in the National Public Transportation Safety Plan for these safety plans, and (3) you will require the plans to meet those criteria, once established. Pending completion of these actions, Safety Recommendation R-14-39 is classified OPEN—ACCEPTABLE RESPONSE.
-From Therese W. McMillan, Acting Administrator: Under 49 U.S.C. § 5329(e)(4)(A)(iv) SSOAs are required to "review, approve, oversee, and enforce the implementation" of a rail fixed guideway public transportation agency's safety plan. Further, these safety plans will be obliged to address safety performance criteria that FT A will establish in the National Public Transportation Safety Plan, which will be subject to public notice and comment.
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