C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 214—RAILROAD WORKPLACE SAFETY › Subpart C—Roadway Worker Protection

49 C.F.R. § 214.313

Responsibility of individual roadway workers

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(a) Each roadway worker is responsible for following the on-track safety rules of the railroad upon which the roadway worker is located.

(b) A roadway worker shall not foul a track except when necessary for the performance of duty.

(c) Each roadway worker is responsible to ascertain that on-track safety is being provided before fouling a track.

(d) Each roadway worker may refuse any directive to violate an on-track safety rule, and shall inform the employer in accordance with § 214.311 whenever the roadway worker makes a good faith determination that on-track safety provisions to be applied at the job location do not comply with the rules of the operating railroad.

Notes of Decisions
Cited in 3 cases, 2003–2014 · leading case: Thomas Kuduk v. BNSF Ry. Co., 768 F.3d 786 (8th Cir. 2014).
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Thomas Kuduk v. BNSF Ry. Co., 768 F.3d 786 (8th Cir. 2014). “BNSF’s Train Yard & Engine Safety Rules, echoing the requirements of 49 C.F.R. § 214.313 (b)-(c), instruct: “Do not walk between rails or foul the track, except when duties require and proper protection is provided.”
Baker v. Canadian Nat'l/Illinois Cent. Ry. Co., 397 F. Supp. 2d 803 (S.D. Miss. 2005). · cites it 2× “” 49 C.F.R. § 214.313 (c). Inasmuch as it is undisputed that no on-track safety was provided, it would seem that Baker could not have ascertained that on-track safety was being provided.”
Martinez v. Burlington N. & Santa Fe Ry. Co., 276 F. Supp. 2d 920 (N.D. Ill. 2003). · cites it 5× “See 49 C.F.R. § 214.313 (a); 214.313(c). 6 (Def.”
— 49 C.F.R. § 214.313(b) — 1 case
Baker v. Canadian Nat'l/Illinois Cent. Ry. Co., 397 F. Supp. 2d 803 (S.D. Miss. 2005). “” 49 C.F.R. § 214.313 (c). Inasmuch as it is undisputed that no on-track safety was provided, it would seem that Baker could not have ascertained that on-track safety was being provided.”
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