49 C.F.R. § 214.307

On-track safety programs

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(a) Each railroad subject to this part shall maintain and have in effect an on-track safety program which complies with the requirements of this subpart. New railroads must have an on-track safety program in effect by the date on which operations commence. The on-track safety program shall be retained at a railroad's system headquarters and division headquarters, and shall be made available to representatives of the FRA for inspection and copying during normal business hours. Each railroad to which this part applies is authorized to retain its program by electronic recordkeeping in accordance with §§ 217.9(g) and 217.11(c) of this chapter.

(b) Each railroad shall notify, in writing, the Associate Administrator for Safety and Chief Safety Officer, Federal Railroad Administration, RRS-15, 1200 New Jersey Avenue SE., Washington, DC 20590, not less than one month before its on-track safety program becomes effective. The notification shall include the effective date of the program and the name, title, address and telephone number of the primary person to be contacted with regard to review of the program. This notification procedure shall also apply to subsequent changes to a railroad's on-track safety program.

(c) Upon review of a railroad's on-track safety program, the FRA Associate Administrator for Railroad Safety and Chief Safety Officer may, for cause stated, may disapprove the program. Notification of such disapproval shall be made in writing and specify the basis for the disapproval decision. If the Associate Administrator for Railroad Safety and Chief Safety Officer disapproves the program:

(1) The railroad has 35 days from the date of the written notification of such disapproval to:

(i) Amend its program and submit it to the Associate Administrator for Railroad Safety and Chief Safety Officer for approval; or

(ii) Provide a written response in support of its program to the Associate Administrator for Railroad Safety and Chief Safety Officer.

(2) FRA's Associate Administrator for Railroad Safety and Chief Safety Officer will subsequently issue a written decision either approving or disapproving the railroad's program.

(3) Failure to submit to FRA an amended program or provide a written response in accordance with this paragraph will be considered a failure to implement an on-track safety program under this subpart.

[81 FR 37885, June 10, 2016]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2004–2021 · leading case: Woods v. Burlington N. & Santa Fe Ry., 2004 MT 332 (Mont. 2004).

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Woods v. Burlington N. & Santa Fe Ry., 2004 MT 332 (Mont. 2004). “49 C.F.R. § 214.307 (b). Thus, by concluding regulations say the same thing as the railroad’s safety rules, the Court eliminates the need for the safety rules and casually eliminates the defense of comparative fault in FELA cases.”

Woods v. Burlington North. & Santa Fe Ry., 2004 MT 332 (Mont. 2004). “49 C.F.R. § 214.307 (b). Thus, by concluding regulations say the same thing as the railroad's safety rules, the Court eliminates the need for the safety rules and casually eliminates the defense of comparative fault in FELA cases.”

The Est. of Anthony J. Zdroik, by Trishann W. Zdroik, Pers. Rep. v. Iowa S. Ry. Co., Brian Ostrowski, John Ostrowski, Steven Runstrom & Phil Gliniecki (Iowa Ct. App. 2021). “” 49 C.F.R. 214.307. The railroad responds that the two regulations must be considered in conjunction with the definition of “employer” which is the entity that “directly engages or compensates individuals to perform any of the duties defined in this part.”

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