49 C.F.R. § 214.335
On-track safety procedures for roadway work groups, general
(a) No employer subject to the provisions of this part shall require or permit a roadway worker who is a member of a roadway work group to foul a track unless on-track safety is provided by either working limits, train approach warning, or definite train location in accordance with the applicable provisions of § 214.319, § 214.321, § 214.323, § 214.325, § 214.327, § 214.329, § 214.331, or § 214.336.
(b) No roadway worker who is a member of a roadway work group shall foul a track without having been informed by the roadway worker in charge of the roadway work group that on-track safety is provided.
Notes of Decisions
Cited in 2
cases, 2003–2005 · leading case: Baker v. Canadian Nat'l/Illinois Cent. Ry. Co., 397 F. Supp. 2d 803 (S.D. Miss. 2005).
Baker v. Canadian Nat'l/Illinois Cent. Ry. Co., 397 F. Supp. 2d 803 (S.D. Miss. 2005). “49 C.F.R. § 214.335 (a) provides that No employer subject to the provisions of this part shall require or permit a roadway worker who is a member of a roadway work group to foul a track unless on-track safety is provided by either working limits, train approach warning, or…”
Martinez v. Burlington N. & Santa Fe Ry. Co., 276 F. Supp. 2d 920 (N.D. Ill. 2003). “Wilde’s deposition testimony establishes, that on the day of the accident, Defendant through its employee and agent, Soto, violated two FRA safety regulations by (1) allowing Plaintiff to foul 3 a railroad track without providing on-track safety in violation of 49 C.F.R. §…”
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