49 C.F.R. § 214.311
Responsibility of employers
(a) Each employer is responsible for the understanding and compliance by its employees with its rules and the requirements of this part.
(b) Each employer shall guarantee each employee the absolute right to challenge in good faith whether the on-track safety procedures to be applied at the job location comply with the rules of the operating railroad, and to remain clear of the track until the challenge is resolved.
(c) Each employer shall have in place a written procedure to achieve prompt and equitable resolution of challenges made in accordance with §§ 214.311(b) and 214.313(d).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2018–2021 · leading case: O'Malley v. Pub. Belt R.R. Comm'n for the City of New Orleans, 334 F. Supp. 3d 811 (E.D. La. 2018).
O'Malley v. Pub. Belt R.R. Comm'n for the City of New Orleans, 334 F. Supp. 3d 811 (E.D. La. 2018). “First, 49 C.F.R. § 214.311 , which states that, "Each employer is responsible for the understanding and compliance by its employees with its rules and the requirements of this part.”
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). ““This part” includes “Subpart C,” titled “[r]oadway [w]orker [p]rotection,” which contains the two regulations—49 C.”
— 49 C.F.R. § 214.311(a) — 1 case
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). ““This part” includes “Subpart C,” titled “[r]oadway [w]orker [p]rotection,” which contains the two regulations—49 C.”
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