1、152 49 CFR Ch. II (10110 Edition) Pt. 214 Section Violation Willful Viola-tion1213.323 Track gage 5,000 7,500 213.327 Alinement 5,000 7,500 213.329 Curves, elevation and speed limits 2,500 5,000 213.331 Track surface 5,000 7,500 213.333 Automated vehicle inspection systems 5,000 7,500 213.335 Crosst
2、ies (a) Material used 1,000 2,000 (b) Distribution of ties . 2,500 5,000 (c) Sufficient number of nondefective ties, non-concrete 1,000 2,000 (d) Sufficient number of nondefective concrete ties 1,000 2,000 (e) Joint ties 2,500 5,000 (f) Track constructed without crossties 2,500 5,000 (g) Non-defecti
3、ve ties surrounding defective ties . 2,500 5,000 (h) Tie plates 2,500 5,000 (i) Tie plates 1,000 2,000 213.337 Defective rails . 5,000 7,500 213.339 Inspection of rail in service . 2,500 5,000 213.341 Inspection of new rail 2,500 5,000 213.343 Continuous welded rail (a) through (h) . 5,000 7,500 213
4、.345 Vehicle qualification testing (a) through (b) 5,000 7,500 (c) through (e) . 2,500 5,000 213.347 Automotive or railroad crossings at grade . 5,000 7,500 213.349 Rail end mismatch 2,500 5,000 213.351 (a) Rail joints . 2,500 5,000 213.351 (b) Rail joints . 2,500 5,000 213.351 (c) Rail joints . 5,0
5、00 7,500 213.351 (d) Rail joints . 2,500 5,000 213.351 (e) Rail joints . 2,500 5,000 213.351 (f) Rail joints 5,000 7,500 213.351 (g) Rail joints . 5,000 7,500 213. 352 Torch cut rails 2,500 5,000 213.353 Turnouts, crossovers, transition devices 1,000 2,000 213.355 Frog guard rails and guard faces; g
6、age . 2,500 5,000 213.357 Derails . 2,500 5,000 213.359 Track stiffness . 5,000 7,500 213.361 Right of way 5,000 7,500 213.365 Visual inspections . 2,500 5,000 213.367 Special inspections . 2,500 5,000 213.369 Inspections records . 2,000 4,000 1A penalty may be assessed against an individual only fo
7、r a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. 2In addition to assessment of penalties for each instance of noncompliance with the requirements identified by this footno
8、te, track segments designated as excepted track that are or become ineligible for such designation by virtue of noncompliance with any of the requirements to which this footnote applies are subject to all other requirements of Part 213 until such noncompliance is remedied. 63 FR 34029, June 22, 1998
9、; 63 FR 45959, Aug. 28, 1998, as amended at 70 FR 66299, Nov. 2, 2005; 73 FR 79701, Dec. 30, 2008; 74 FR 43006, Aug. 25, 2009 PART 214RAILROAD WORKPLACE SAFETY Subpart AGeneral Sec. 214.1 Purpose and scope. 214.3 Application. 214.4 Preemptive effect. 214.5 Responsibility for compliance. 214.7 Defini
10、tions. Subpart BBridge 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, gen-erally. 214.113 Head prote
11、ction. 214.115 Foot protection. 214.117 Eye and face protection. Subpart CRoadway Worker Protection 214.301 Purpose and scope. 214.302 Information collection require-ments. 214.303 Railroad on-track safety programs, generally. 214.305 Compliance dates. 214.307 Review and approval of individual on-tr
12、ack safety programs by FRA. 214.309 On-track safety program documents. 214.311 Responsibility of employers. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or net
13、working permitted without license from IHS-,-,-153 Federal Railroad Administration, DOT 214.4 214.313 Responsibility of individual roadway workers. 214.315 Supervision and communication. 214.317 On-track safety procedures, gen-erally. 214.319 Working limits, generally. 214.321 Exclusive track occupa
14、ncy. 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 road-way work groups. 214.337 On-track safet
15、y 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 watch-men/lookou
16、ts. 214.351 Training and qualification of flagmen. 214.353 Training and qualification of road-way 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 DOn-Track Roadway Mainte-nance
17、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 en-closed cabs. 214.507 Required safety equipment for n
18、ew on-track roadway maintenance ma-chines. 214.509 Required visual illumination and re-flective devices for new on-track road-way maintenance machines. 214.511 Required audible warning devices for new on-track roadway maintenance ma-chines. 214.513 Retrofitting of existing on-track roadway maintenan
19、ce machines; general. 214.515 Overhead covers for existing on- track roadway maintenance machines. 214.517 Retrofitting of existing on-track roadway maintenance machines manu-factured on or after January 1, 1991. 214.518 Safe and secure positions for riders. 214.519 Floors, decks, stairs, and ladder
20、s of on-track roadway maintenance ma-chines. 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 vehi-cles. 214.527 On-track roadway maintenance ma-chines; inspectio
21、n 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 avail-ability of parts. APPENDIX A TO PART 214SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 20103, 20107, 21301, 21304; 28
22、U.S.C. 2461, note; and 49 CFR 1.49. SOURCE: 57 FR 28127, June 24, 1992, unless otherwise noted. Subpart AGeneral 214.1 Purpose and scope. (a) The purpose of this part is to pre-vent accidents and casualties to em-ployees involved in certain railroad in-spection, maintenance and construc-tion activit
23、ies. (b) This part prescribes minimum Federal safety standards for the rail-road workplace safety subjects ad-dressed herein. This part does not re-strict a railroad or railroad contractor from adopting and enforcing additional or more stringent requirements not in-consistent with this part. 214.3 A
24、pplication. This part applies to railroads that operate rolling equipment on track that is part of the general railroad sys-tem of transportation. 214.4 Preemptive effect. Under 49 U.S.C. 20106 (formerly sec-tion 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434), issuance of the regulat
25、ions 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. 1
26、6, 1996 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-154 49 CFR Ch. II (10110 Edition) 214.5 214.5 Respons
27、ibility 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 facilitie
28、s; any independent contractor providing goods or services to a rail-road; and any employee of such owner, manufacturer, lessor, lessee, or inde-pendent 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 $650
29、 and not more than $25,000 per vio-lation, except that penalties may be as-sessed against individuals only for will-ful violations, and where a grossly neg-ligent violation or a pattern of re-peated violations has created an immi-nent hazard of death or injury, or has caused death or injury, a penal
30、ty not to exceed $100,000 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; 69 FR 30593, May 28, 2004; 72 FR 51196, Sept. 6, 2007; 73 FR 79701, Dec. 30, 2008 214.7 Definitio
31、ns. Adjacent tracks mean two or more tracks with track centers spaced less than 25 feet apart. Anchorage means a secure point of at-tachment for lifelines, lanyards or de-celeration devices that is independent of the means of supporting or sus-pending the employee. Body belt means a strap that can b
32、e secured around the waist or body and attached to a lanyard, lifeline, or de-celeration 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 ca
33、n be attached to a lanyard, life-line, 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 11. Competent person means one who is capable of identifying existing and pre-dictable hazards in the wor
34、kplace and who is authorized to take prompt cor-rective measures to eliminate them. Control operator means the railroad employee in charge of a remotely con-trolled switch or derail, an inter-locking, or a controlled point, or a seg-ment of controlled track. Controlled track means track upon which t
35、he railroads operating rules re-quire that all movements of trains must be authorized by a train dis-patcher or a control operator. Deceleration device means any mecha-nism, including, but not limited to, rope grabs, ripstitch lanyards, spe-cially woven lanyards, tearing or de-forming lanyards, and
36、automatic self- retracting lifelines/lanyards that serve to dissipate a substantial amount of energy during a fall arrest, or other-wise limit the energy on a person dur-ing fall arrest. Definite train location means a system for establishing on-track safety by pro-viding roadway workers with inform
37、a-tion about the earliest possible time that approaching trains may pass spe-cific locations as prescribed in 214.331 of this part. Designated official means any per-son(s) designated by the employer to receive notification of non-complying conditions on on-track roadway main-tenance machines and hi
38、-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 pro
39、tection is being pro-vided. Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to per-form any of the duties defined in this part. Employer means a railroad, or a con-tractor to a railroad, that directly en-gages or compensates individuals to pe
40、rform 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 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:SGML220215
41、.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-155 Federal Railroad Administration, DOT 214.7 employees than the means specified in this part. Exclusive track occupancy means a method of establishing work
42、ing limits on controlled track in which movement authority of trains and other equip-ment is withheld by the train dis-patcher or control operator, or re-stricted by flagmen, as prescribed in 214.321 of this part. Flagman when used in relation to roadway worker safety means an em-ployee designated b
43、y the railroad to di-rect 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 th
44、e train dispatcher or control oper-ator that no trains will operate within a specific segment of controlled track until the roadway worker reports clear of the track, as prescribed in 214.323 of this part. Fouling a track means the placement of an individual or an item of equip-ment in such proximit
45、y 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 be-fore the personal fall arrest system be-gins to apply force to arrest the fall.
46、Free fall distance means the vertical displacement of the fall arrest attach-ment point on a persons 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 life-line and lanyard elongation, b
47、ut in-cludes any deceleration device slide distance or self-retracting lifeline/lan-yard extension before they operate and fall arrest forces occur. Hi-rail vehicle means a roadway main-tenance machine that is manufactured to meet Federal Motor Vehicle Safety Standards and is equipped with retract-a
48、ble flanged wheels so that the vehicle may travel over the highway or on rail-road tracks. Hi-rail vehicle, new means a hi-rail ve-hicle that is ordered after December 26, 2003 or completed after September 27, 2004. Inaccessible track means a method of establishing working limits on non- controlled
49、track by physically pre-venting entry and movement of trains and equipment. Individual train detection means a pro-cedure 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 de-fined 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
