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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: Establish a national inspection program that specifically includes roadway worker activities.
Original recommendation transmittal letter:
Open - Acceptable Response
Addressee(s) and Addressee Status:
FTA (Open - Acceptable Response)
Safety Recommendation History
We are encouraged that you are reviewing this recommendation. Although Title 49 Code of Federal Regulations [CFR] Part 659 section19(r) specifies that an SSOA’s system safety plan must provide, at a minimum, a description of the safety program for employees and contractors that incorporates applicable local, state, and federal requirements, we point out that roadway workers must specifically be addressed in the inspection program to ensure a uniform standard across the nation for these workers. Pending completion of the recommended action, Safety Recommendation R-14-40 is classified OPEN—ACCEPTABLE RESPONSE.
-From Therese W. McMillan, Acting Administrator: The FTA is reviewing this recommendation to determine the best course of action in light of the primary role of SSOAs in the oversight of rail fixed guideway transit safety. Currently, 49 C.F.R. § 659.19 (r) specifies that an SSOA's system safety plan must set forth, at a minimum, a description of the safety program for employees and contractors that incorporates the applicable local, State, and Federal requirements, including: (1) Safety requirements that contractors and employees must follow when working on, or in close proximity to, rail transit agency property; and (2) Processes for ensuring the contractors and employees know and follow the requirements.
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