1、397 Federal Railroad Administration, DOT Pt. 227 Section (including computer code, if applicable) Violation Willful violation 225.23 Joint operations (1) (1) 225.25 Recordkeeping . 2,500 5,000 225.27 Retention of records . 1,000 2,000 225.33: (1) Failure to adopt the Internal Control Plan 2,500 5,00
2、0 (2) Inaccurate reporting due to failure to comply with the Internal Control Plan . 2,500 5,000 (3) Failure to comply with the intimidation/harassment policy in the Internal Con-trol Plan . 2,500 5,000 225.35 Access to records and reports . 2,500 5,000 1A penalty may be assessed against an individu
3、al only for 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. A failure to comply with 225.23 constitutes a violation of 225.11. For purposes of 225.25 and 225.27 of this par
4、t, each of the following con-stitutes a single act of noncompliance: (1) a missing or incomplete log entry for a particular employees injury or illness; or (2) a missing or incomplete log record for a particular rail equipment accident or incident. Each day a violation continues is a separate offens
5、e. 61 FR 30973, June 18, 1996, as amended at 63 FR 11622, Mar. 10, 1998; 69 FR 30594, May 28, 2004; 73 FR 79702, Dec. 30, 2008 APPENDIX B TO PART 225PROCEDURE FOR DETERMINING REPORTING THRESHOLD 1. Wage data used in the calculation are collected from railroads by the Surface Transportation Board (ST
6、B) on Form A STB Wage Statistics. Rail equipment data from the U.S. Department of Labor, Bureau of Labor Statistics (BLS), LABSTAT Series reports are used in the calculation. The equation used to adjust the reporting thresh-old has two components: (a) The average hourly earnings of certain railroad
7、mainte-nance employees as reported to the STB by the Class I railroads and Amtrak; and (b) an overall rail equipment cost index determined by the BLS. The wage component is weight-ed by 40% and the equipment component by 60%. 2. For the wage component, the average of the data from Form ASTB Wage Sta
8、tistics for Group No. 300 (Maintenance of Way and Structures) and Group No. 400 (Maintenance of Equipment and Stores) employees is used. 3. For the equipment component, LABSTAT Series Report, Producer Price Index (PPI) Series WPU 144 for Railroad Equipment is used. 4. In the month of October, second
9、-quarter wage data are obtained from the STB. For equipment costs, the corresponding BLS rail-road equipment indices for the second quar-ter are obtained. As the equipment index is reported monthly rather than quarterly, the average for the months of April, May and June is used for the threshold cal
10、culation. 5. The wage data are reported in terms of dollars earned per hour, while the equipment cost data are indexed to a base year of 1982. 6. The procedure for adjusting the report-ing threshold is shown in the formula below. The wage component appears as a fractional change relative to the prio
11、r year, while the equipment component is a difference of two percentages which must be divided by 100 to present it in a consistent fractional form. After performing the calculation, the result is rounded to the nearest $100. 7. The weightings result from using STB wage data and BLS equipment cost d
12、ata to produce a reasonable estimation of the re-porting threshold that was calculated using the threshold formula in effect immediately before calendar year 2006, a formula that as-sumed damage repair costs, at levels at or near the threshold, were split approximately evenly between labor and mater
13、ials. 8. Formula: New Threshold = Prior Threshold 1 + 0.4(WnewWprior)/Wprior + 0.6(Enew Eprior)/100 Where: Wnew = New average hourly wage rate ($). Wprior = Prior average hourly wage rate ($). Enew = New equipment average PPI value. Eprior = Prior equipment average PPI value. 70 FR 75417, Dec. 20, 2
14、005 PART 227OCCUPATIONAL NOISE EXPOSURE Subpart AGeneral Sec. 227.1 Purpose and scope. 227.3 Application. 227.5 Definitions. 227.7 Preemptive effect. 227.9 Penalties. 227.11 Responsibility for compliance. 227.13 Waivers. 227.15 Information collection. Subpart BOccupational Noise Exposure for Railroa
15、d Operating Employees 227.101 Scope and applicability. 227.103 Noise monitoring program. 227.105 Protection of employees. VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repro
16、duction or networking permitted without license from IHS-,-,-398 49 CFR Ch. II (10110 Edition) 227.1 227.107 Hearing conservation program. 227.109 Audiometric testing program. 227.111 Audiometric test requirements. 227.113 Noise operational controls. 227.115 Hearing protectors. 227.117 Hearing prote
17、ctor attenuation. 227.119 Training program. 227.121 Recordkeeping. APPENDIX A TO PART 227NOISE EXPOSURE COMPUTATION APPENDIX B TO PART 227METHODS FOR ESTI-MATING THE ADEQUACY OF HEARING PRO-TECTOR ATTENUATION APPENDIX C TO PART 227AUDIOMETRIC BASE-LINE REVISION APPENDIX D TO PART 227AUDIOMETRIC TEST
18、 ROOMS APPENDIX E TO PART 227USE OF INSERT EARPHONES FOR AUDIOMETRIC TESTING APPENDIX F TO PART 227CALCULATIONS AND APPLICATION OF AGE CORRECTIONS TO AUDIOGRAMS APPENDIX G TO PART 227SCHEDULE OF CIVIL PENALTIES AUTHORITY: 49 U.S.C. 20103, 20103, note, 2070120702; 28 U.S.C. 2461, note; and 49 CFR 1.4
19、9. SOURCE: 71 FR 63123, Oct. 27, 2006, unless otherwise noted. Subpart AGeneral 227.1 Purpose and scope. (a) The purpose of this part is to pro-tect the occupational health and safety of employees whose predominant noise exposure occurs in the locomotive cab. (b) This part prescribes minimum Federal
20、 health and safety noise stand-ards for locomotive cab occupants. This part does not restrict a railroad or railroad contractor from adopting and enforcing additional or more stringent requirements. 227.3 Application. (a) Except as provided in paragraph (b) of this section, this part applies to all
21、railroads and contractors to rail-roads. (b) This part does not apply to (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; (2) A rapid transit operation in an urban area that is not connected to the general railroad s
22、ystem of transpor-tation; (3) A rapid transit operation in an urban area that is connected to the general system and operates under a shared use waiver; (4) A railroad that operates tourist, scenic, historic, or excursion oper-ations, whether on or off the general railroad system of transportation;
23、or (5) Foreign railroad operations that meet the following conditions: Employ-ees of the foreign railroad have a pri-mary reporting point outside of the U.S. but are operating trains or con-ducting switching operations in the U.S.; and the government of that for-eign railroad has implemented require
24、-ments for hearing conservation for railroad employees; the foreign rail-road undertakes to comply with those requirements while operating within the U.S.; and FRAs Associate Admin-istrator for Safety determines that the foreign requirements are consistent with the purpose and scope of this part. A
25、foreign railroad refers to a rail-road that is incorporated in a place outside the U.S. and is operated out of a foreign country but operates for some distance in the U.S. 227.5 Definitions. As used in this part Action level means an eight-hour time-weighted-average sound level (TWA) of 85 dB(A), or
26、, equivalently, a dose of 50 percent, integrating all sound levels from 80 dB(A) to 140 dB(A). Administrator means the Adminis-trator of the Federal Railroad Admin-istration or the Administrators dele-gate. Artifact means any signal received or recorded by a noise measuring instru-ment that is not r
27、elated to occupa-tional noise exposure and may ad-versely impact the accuracy of the oc-cupational noise measurement. Audiogram means a record of audiometric testing, showing the thresholds of hearing sensitivity meas-ured at discrete frequencies, as well as other recordkeeping information. Audiolog
28、ist means a professional, who provides comprehensive diagnostic and treatment/rehabilitative services for auditory, vestibular, and related im-pairments and who (1) Has a Masters degree or doctoral degree in audiology and (2) Is licensed as an audiologist by a State; or in the case of an individual
29、VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-399 Federal Railroad Administration, DOT 227.5 who furnishes
30、services in a State which does not license audiologists, has suc-cessfully completed 350 clock hours of supervised clinical practicum (or is in the process of accumulating such su-pervised clinical experience), per-formed not less than 9 months of super-vised full-time audiology services after obtai
31、ning a masters or doctoral degree in audiology or a related field, and suc-cessfully completed a national exam-ination in audiology approved by the Secretary of the U.S. Department of Health and Human Services. Audiometry means the act or process of measuring hearing sensitivity at dis-crete frequen
32、cies. Audiometry can also be referred to as audiometric testing. Baseline audiogram means an audio-gram, recorded in accordance with 227.109, against which subsequent audiograms are compared to determine the extent of change of hearing level. Class I, Class II, and Class III railroads have the meani
33、ng assigned by the regu-lations of the Surface Transportation Board (49 CFR part 120; General In-structions 11). Continuous noise means variations in sound level that involve maxima at in-tervals of 1 second or less. Decibel (dB) means a unit of measure-ment of sound pressure levels. dB(A) means the
34、 sound pressure level in decibels measured on the A-weighted scale. Employee means any individual who is engaged or compensated by a rail-road or by a contractor to a railroad to perform any of the duties defined in this part. Exchange rate means the change in sound level, in decibels, which would r
35、equire halving or doubling of the al-lowable exposure time to maintain the same noise dose. For purposes of this part, the exchange rate is 5 decibels. FRA means the Federal Railroad Ad-ministration. Hearing protector means any device or material, which is capable of being worn on the head, covering
36、 the ear canal or inserted in the ear canal; is designed wholly or in part to reduce the level of sound entering the ear; and has a scientifically accepted indicator of its noise reduction value. Hertz (Hz) means a unit of measure-ment of frequency numerically equal to cycles per second. Medical pat
37、hology means a condition or disease affecting the ear which is medically or surgically treatable. Noise operational controls means a method used to reduce noise exposure, other than hearing protectors or equip-ment modifications, by reducing the time a person is exposed to excessive noise. Occasiona
38、l service means service of not more than a total of 20 days in a calendar year. Otolaryngologist means a physician specializing in diagnosis and treatment of disorders of the ear, nose, and throat. Periodic audiogram is a record of fol-low-up audiometric testing conducted at regular intervals after
39、the baseline audiometric test. Person means 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; an owner, manufacturer, lessor, or les-see of railroad equipment, track, or f
40、a-cilities; an independent contractor pro-viding goods or services to a railroad; and any employee of such owner, man-ufacturer, lessor, lessee, or independent contractor. Professional Supervisor of the Audiometric Monitoring Program in a hearing conservation program means an audiologist, otolaryngo
41、logist, or a physician with experience and exper-tise in hearing and hearing loss. Qualified Technician is a person who is certified by the Council for Accredi-tation in Occupational Hearing Con-servation or equivalent organization; or who has satisfactorily demonstrated competence in administering
42、audiometric examinations, obtaining valid audiograms, and properly using, maintaining, and checking calibration and proper functioning of the audiom-eters used; and is responsible to the Professional Supervisor of the Audiometric Testing Program. Railroad means any form of non-high-way ground transp
43、ortation that runs on rails or electromagnetic guide-ways and any entity providing such trans-portation, including: VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproductio
44、n or networking permitted without license from IHS-,-,-400 49 CFR Ch. II (10110 Edition) 227.7 (1) Commuter or other short-haul railroad passenger service in a metro-politan or suburban area and com-muter railroad service that was oper-ated by the Consolidated Rail Corpora-tion on January 1, 1979; a
45、nd (2) High speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not asso-ciated with traditional railroads. The term railroad is also intended to mean a person that provides transpor-tation by railroad, whether directly or
46、 by contracting out operation of the railroad to another person. The term does not include rapid transit oper-ations in an urban area that are not connected to the general railroad sys-tem of transportation. Representative personal sampling means measurement of an employees noise exposure that is re
47、presentative of the exposures of other employees who operate similar equipment under simi-lar conditions. Sound level or Sound pressure level means ten times the common loga-rithm of the ratio of the square of the measured A-weighted sound pressure to the square of the standard reference pressure of
48、 twenty micropascals, meas-ured in decibels. For purposes of this regulation, SLOW time response, in ac-cordance with ANSI S1.431997 (Re-affirmed 2002), Specifications for Inte-grating-Averaging Sound Level Me-ters, is required. The Director of the Federal Register approves this incorpo-ration by re
49、ference of this standard in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may ob-tain a copy of the incorporated stand-ard from the American National Stand-ards Institute at 1819 L Street, NW., Washington, DC 20036 or http:/ www.ansi.org. You may inspect a copy of the incorporated standard at the Federal Railroad Administration, Docket Room, 1200 New Jersey Avenue, SE., Washington, DC 20590, or at the Nati
