FRA sets new m/w equipment rules: portions of FRA's new regulations on m/w equipment are being phased in starting this month and proceeding through March 2005 - Federal Railroad Administration

Railway Track and Structures, Sept, 2003 by Louis T. Cerny

The Federal Railroad Administration is adding regulations covering on-track m/w equipment to its Railroad Workplace Safety regulations (49CFR Part 214). The regulations, in general, go into effect starting September 26 this year, although individual parts have effective dates as late as March 28, 2005. The regulations cover contractors, as well as railroads.

The full text and preamble of the regulation can be found on pages 44388-44412 of the July 28, 2003, Federal Register, so no attempt will be made here to cover every detail.

The regulations were developed through the FRA's Rail Safety Advisory Committee process from 1996 through 2002. The FRA then revised the regulations through internal discussions in 2002 and 2003, which resulted in the final rule.

In general, the attitude of the negotiators was to require relatively greater changes when applied to brand new equipment, where the changes could be engineered into the design, and to try to make the retrofit requirements for existing equipment reasonable, especially considering that the older equipment is usually found on shortlines that may have limited physical and financial resources to make the changes. Thus, equipment built in the year 1990 of earlier is exempt from some rules and comes under less-stringent versions of others.

Probably the most notable change is the requirement for air conditioning in the cabs of all new ballast regulators, tampers, sweepers, rotary scarifiers and undercutters if they weigh more than 7,500 pounds (in fact, equipment under 7,500 pounds is not covered by the regulation). New equipment is defined as that ordered more than 90 days after the regulations go into effect and delivered more than one year after the regulations go into effect.

It should be noted that it is the FRA's opinion that m/w equipment has been covered by OSHA air-quality regulations up to this time. Since the air conditioning exceeds OSHA requirements, the FRA will enforce air-quality regulations within such air-conditioned cabs on new equipment. If the railroads want air-quality regulations for existing air-conditioned equipment covered by FRA instead of OSHA, they can submit a list of such equipment to the FRA, per the details in 214.505[c]. Noise regulations will continue to be enforced by OSHA, according to the FRA.

A good-faith challenge system is implemented, similar to that in the Roadway Worker Safety regulations. Each employer shall have in place written procedures to ensure prompt and equitable resolution of challenges.

While the FRA made many changes in the regulations in addition to those agreed to by the RSAC in 2002, in most cases they appear to be minor or preserve the intent of that committee. However, the FRA did not include a phase-in time for the 214.518 stenciling of safe seating locations (RSAC, in a May 2002 ballot, had recommended retaining the one year shown in 214.513 (b) in the FRA's January 10, 2001, Notice of Proposed Rulemaking). While the railroads have the option of not allowing employees other than the operator(s) to ride on equipment at all, thus avoiding the need for stenciling or documentation to be on the rail vehicle, this may not be a realistic option for many m/w situations where there is no road access for long distances along the track. At the time of this writing, a petition for reconsideration was being discussed regarding this and other items.

Other requirements

In addition to the air-conditioned cab requirements for certain types of equipment, and the seating requirements discussed above, new equipment will be required to have windshields with power wipers or suitable alternatives, headlights, work lights, 360 degree warning beacon (on machines over 17,500 pounds), brake lights, mirrors (or other rearward-viewing devices), horns, change-of-direction alarm, first aid kits, tire extinguishers, speedometers (on machines over 32,500 pounds), and other items.

For new equipment requiring operation flora non-enclosed stations outside of the main cab, these stations shall be equipped, where feasible, with a permanent roof, canopy or umbrella designed to provide cover from normal rainfall and mid-day sun.

Machines built after 1990 (other than new equipment) have separate regulations and the fewest and least-stringent regulations apply to equipment built in 1990 or earlier. Both are required to have safe and secure positions for each roadway worker transported on the machine (the railroad having the option not to allow riders), a horn (which may be portable), and a light (which also may be portable, but is not required when it is light outside). Those machines built after 1990 are also required to have overhead covers for the operator in good condition (if the machine was ever equipped with such a cover), an operative heater (if the machine was ever equipped with a heater, and if the ambient temperature is below 50 degrees F), safety glass when present glass is replaced, reflective material or brake lights and a back-up alarm or rearview mirror.