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FEDERAL RAILROAD ADMINISTRATION Operating Practices Division For Instructional Purposes Only; for further clarification refer to the actual Final Rule

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Title: FEDERAL RAILROAD ADMINISTRATION Operating Practices Division For Instructional Purposes Only; for further clarification refer to the actual Final Rule


1
FEDERAL RAILROAD ADMINISTRATION Operating
Practices Division For Instructional Purposes
Only for further clarification refer to the
actual Final Rule
49 CFR, PARTS 217 218
2
The Final Rule may be found Online at
  • http//dms.dot.gov under Docket No.
    FRA-2006-25267
  • Vol. 73 Federal Register at pages 8442 through
    8505 (Wednesday, February 13, 2008) or
  • http//www.fra.dot.gov/Downloads/Counsel/Human_Fac
    tors_Final_Rule.pdf on FRAs website.

3
Important
  • This presentation is an abbreviated discussion of
    the rule, and not the entire rule.
  • This information is meant to be accompanied by
    a more in-depth review of the actual regulation
    by the viewing audience, and should not be relied
    on for anything more than a basic introduction to
    the new regulations.

4
(No Transcript)
5
WHY?
  • Approximately 39 of Accidents in the data
    reviewed were Human Factor Accidents. Most of
    those involved non-compliance with the new
    regulations.

6
217.4 Definitions
  • Qualified mean a person has successfully
    completed all instruction, training and
    examination programs required by the railroad and
    this part and that person
  • Applicable to Railroad Testing Officers
    (Managers) in 217.9
  • made available to representatives of the FRA
    for inspection and copying during normal business
    hours.

7
  • 217.9
  • Railroads will be required to review data and
    adjust their Operational Testing accordingly.
    These Reviews must be made available to the FRA.
  • Three month Review (Freight Only).
  • Six Month Review (Passenger Trains and at the
    System level for Freight Railroads)

8
  • 217.9
  • The program shall--
  • Explain the minimum number of tests for the
    Railroad and each officer
  • Type of Ops Tests required.
  • Identify the RR officer who shall be responsible
    for ensuring that the program is in compliance.

9
An FRA Inspector Reading the Regulations
10
Railroad Operating Practices Part 218 Subpart F
Handling Equipment, Switches, and Derails

11
I told my sons friends at his graduation party
that they can only have one beer. Kids, go
figure.
12
Part 218.95 Instruction, Training and
Examination
  • Basically the railroads have until July 2009, to
    train all employees on these new regulations.
  • This date may change.
  • There must be a record of this training.
  • Training must be completed every three years.

13
Part 218.97 Subpart F Good Faith
Challenge (GCF)
14
Part 218.97 Subpart F Good Faith Challenge
  • First Step Employee (manager or union member)
    makes a challenge.
  • The challenge does not have to be directed at a
    superior/manager. A Conductor can address it to
    an Engineer A Trainmaster to a dispatcher A
    train crew to a dispatcher Etc, Etc.

15
Good Faith Challenge
  • The Challenge can only be in regards to the parts
    identified in this regulation.
  • Thus, leaving without an airbrake inspection is
    not covered under this GFC, but may be in
    non-compliance with other regulations
    nonetheless.

16
Good Faith Challenge
  • Step Two -- Resolution between the parties
    involved.
  • The person challenged accepts the employees
    request.
  • The employees acceptance of the directive.
  • The parties agree to a compromise.

17
Good Faith Challenge
  • Step Three -- If the parties cannot reach an
    agreement it requires a third party to become
    involved on the larger railroads.
  • NOTE This third person who will IMMEDIATELY
    review the challenge cannot be a subordinate to
    the person issuing the directive.

18
Good Faith Challenge
  • NOTE The person who originally issued the
    challenge can be directed to perform other duties
    while the third person reviews the GFC and its
    directives.

19
Good Faith Challenge
  • NOTE The Railroad can direct another person to
    perform the challenge.. IF..
  • The other employee is also made aware of the
    GFC.

20
Good Faith Challenge
  • Step Four -- The third person who is reviewing
    the GFC has the same options to provide a
    resolution as the first person challenged.
  • NOTE Except that the reviewing persons decision
    shall NOT be subject to further immediate review.

21
Good Faith Challenge
  • Step Five -- After the review the person who
    issued the GFC can appeal the decision in writing
    to a designated RR manager.
  • NOTE The Railroad MUST offer to allow the person
    making the GFC to put their challenge in writing,
    and then respond to that challenge in writing by
    the end of the following month.

22
Good Faith Challenge Flow Chart
23
Part 218 Subpart F Shoving or Pushing
Movements These requirements do not apply to free
rolling equipment.
  • .

24
5 Megabytes of Hard Drive in 1956
25
Part 218 Subpart F Shoving or Pushing Movements
  • 218.99 Shoving or pushing movements
  • These requirements do not apply to free rolling
    equipment.

26
Part 218 Subpart F Shoving or Pushing Movements
  • 218.99 Shoving or pushing movements
  • (1) Job briefing. Rolling equipment shall not be
    shoved or pushed until....
  • (b) (2) No unrelated tasks.
  • (b) (3) Point protection.

27
Part 218 Subpart F Definitions
  • Yard access crossing means a private highway-rail
    grade crossing that is located within the
    physical confines of a railroad yard and is
    either
  • (1) open to unrestricted public access or
  • (2) open to persons other than railroad employees
    going about their normal duties , e.g., business
    guests or family members.

28
Shoving or Pushing Movements
  • When initiating a remote control shoving or
    pushing movement the remote control operator, or
    a crewmember, shall visually determine the
    direction the equipment moves.

29
Shoving or Pushing Movements
  • Remote Control Zones can only nullify the
    requirement for point protection when ALL of the
    requirements are met, AND, it is on the leading
    end in the direction of movement (pull out end).

30
Which One is the Pull Out end?
RCL Zone Pull Out
Which shove is OK which is Not? (RCZ)
31
Part 218.101 Leaving Equipment in the Clear

32
(No Transcript)
33
218.101 Leaving Equipment in the Clear
  • Part 218.93 - Definitions
  • Foul or Fouling a Track Rolling equipment or
    on-track MofW equipment is located such that the
    end of the equipment is between the clearance
    point and the switch point leading to the track
    on which the equipment is standing.

34
The Foul Zone is a concern only when the END of
the Equipment is in the Foul Zone .
If the end of equipment is in the foul zone, then
you must determine if it is in compliance or not.
35
This diagram indicates that there is NO End of
equipment in the Foul Zones.
36
Subpart F Leaving Equipment in the Clear
Standing on Main Track
Non-compliance with 218.101 (b)(1)
Compliance with 218.101 (b)(1)
Switch Position (normal)
Switch Position (reversed)
FOUL ZONE
FOUL ZONE
37
Subpart F Leaving Equipment in the Clear
Standing on a Siding
Non-compliance with 218.101 (b)(2)
Compliance with 218.101 (b)(2)
SW Lined
SW Lined
Clearance point
Clearance point
FOUL ZONE
FOUL ZONE
38
Leaving equipment in the clear on a Yard Track
  • Equipment shall not be left where it will foul a
    connecting track unless The equipment is standing
    on a yard switching lead track, and the yard
    track switch that the equipment is fouling is
    lined for the yard switching lead track on which
    the equipment is standing or

39
Subpart F Leaving Equipment in the Clear Yard
Compliance with 218.101(b)(3)
Clearance point
FOUL ZONE
SW Lined
Trains are standing on a Switching Lead Track
Clearance point
FOUL ZONE
SW Lined
Non-compliance with 218.101(b)(3)
40
The standing equipment should not foul a lead
track.
Yard Track
Lead Track
Switch can be lined either way
41
The end of the equipment is in the foul zone
FOUL ZONE
The Train is standing
This train is occupying the Lead Track and all of
the Switches are lined properly.
42
Industrial Track Locations
  • NOTE Most industry track locations have been
    exempted from this requirement.

43
Subpart F Leaving Equipment in the Clear
Example Of In Compliance with 218.101(b)(4)
Industry Area
Clearance point of the switch leading to the
industry
Switch position is irrelevant inside industry
FOUL ZONE
Foul Zone
Equipment is on an industry track beyond the
clearance point of the SW into the industry
44
The end of the equipment is in the foul zone
Storage Stub Track
Lead
The Track is full
FOUL ZONE
The Train is standing the switch is properly
lined.
45
Leaving equipment in the clear
  • Each railroad shall implement procedures that
    enable employees to identify clearance points and
    a means to identify locations where clearance
    points will not permit a person to safely ride on
    the side of a car.

46
  • Part 218 Subpart F
  • 218.103
  • Hand-operated switches, including cross-over
    switches

47
I wonder what will happen if I do this?
FRA New Federal Regulations
48
Part 218 Subpart F 218.103
  • Employees operating or verifying the position of
    a hand-operated switch shall
  • Conduct job briefings
  • Be qualified.
  • Visually determine that switches are properly
    lined.
  • No equipment can be fouling the switch.
  • Visually determine that the SW points fit.

49
Part 218 Subpart F 218.103
  • NOTE Rolling and on-track maintenance-of-way
    equipment shall not foul a track until all
    hand-operated switches connected with the
    movement are properly lined.
  • There are exceptions for switches
    intended to be trailed through

50
Part 218 Subpart F
  • Additional operational requirements for
    hand-operated main track switches
  • NOTE This Final Rule will supplant Emergency
    Order Number 24 Page 8442.

51
Part 218 Subpart F
  • Both hand-operated switches of a crossover shall
    be properly lined before rolling and on-track
    maintenance-of-way equipment begins a crossover
    movement.
  • A crossover movement shall be completed before
    either hand-operated crossover switch is restored
    to normal position.

52
Part 218 Subpart F
  • Hand-operated crossover switches shall be left
    in corresponding position.
  • There are exceptions for Blue Signal,
    RWP, Track Maintenance, Etc

53
Part 218 Subpart F
  • Fixed derails shall be kept in the derailing
    position.
  • There are exceptions for Blue Signal,
    RWP, Track Maintenance, Etc

54
Proposed Penalty Schedule
  • Subpart Penalty Willful
  • 218.95 5,000 10,000
  • 218.97 7,500 10,000
  • 218.99 7,000 10,000
  • 218.101 7,500 10,000
  • 218.103 - 109 5,000 10,000
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