1Not an Official Document Training purposes ONLY
FEDERAL RAILROAD FEDERAL RAILROAD ADMINISTRATIONADMINISTRATION
Operating Practices DivisionOperating Practices DivisionFor Instructional Purposes Only;For Instructional Purposes Only;for further clarification refer to for further clarification refer to
the actual Final Rule the actual Final Rule
49 CFR, PARTS 217 & 21849 CFR, PARTS 217 & 218
2Not an Official Document Training purposes ONLY
http://dms.dot.gov under Docket No. FRA-2006-25267;
• Vol. 73 Federal Register at pages 8442 through 8505 (Wednesday, February 13, 2008); or
• http://www.fra.dot.gov/Downloads/Counsel/Human_Factors_Final_Rule.pdf on FRA’s website.
The Final Rule may be found Online at:
3Not an Official Document Training purposes ONLY
Important This presentation is an abbreviated
discussion of the rule, and not the entire rule.
***This information is meant to be accompanied by a more in-depth review of the actual regulation by the viewing audience, and should not be relied on for anything more than a basic introduction to the new regulations.
4Not an Official Document Training purposes ONLY
5Not an Official Document Training purposes ONLY
WHY?
Approximately 39% of Accidents in the data reviewed were Human Factor Accidents. Most of those involved non-compliance with the new regulations.
6Not an Official Document Training purposes ONLY
217.4 Definitions
Qualified mean a person has successfully completed all instruction, training and examination programs required by the railroad and this part and that person
**Applicable to Railroad Testing Officers (Managers) in 217.9………made available to representatives of
the FRA for inspection and copying during normal business hours.
7Not an Official Document Training purposes ONLY
217.9Railroads will be required to review data and
adjust their Operational Testing accordingly. These Reviews must be made available to the FRA.
1. Three month Review (Freight Only).
2. Six Month Review (Passenger Trains and at the System level for Freight Railroads)
8Not an Official Document Training purposes ONLY
217.9The program shall--
1. Explain the minimum number of tests for the Railroad and each officer
2. Type of Ops Tests required.
3. Identify the RR officer who shall be responsible for ensuring that the program is in compliance.
9Not an Official Document Training purposes ONLYAn FRA Inspector Reading the Regulations
10Not an Official Document Training purposes ONLY
Railroad Operating Practices
Part 218 Subpart F
– Handling Equipment, Switches, and Derails
11Not an Official Document Training purposes ONLY
I told my son’s friends at his graduation party that they can only have one beer. Kids, go figure.
12Not an Official Document Training purposes ONLY
Part 218.95 – Instruction, Training and Examination
1. Basically; the railroads have until July 2009, to train all employees on these new regulations.
2. This date may change. 3. There must be a record of this training.4. Training must be completed every three years.
13Not an Official Document Training purposes ONLY
Part 218.97
Subpart F Good Faith Challenge
(GCF)
14Not an Official Document Training purposes ONLY
Part 218.97 Subpart F – Good Faith Challenge
First Step – Employee (manager or union member) makes a challenge.
The challenge does not have to be directed at a superior/manager. A Conductor can address it to an Engineer; A Trainmaster to a dispatcher; A train crew to a dispatcher; Etc, Etc.
15Not an Official Document Training purposes ONLY
Good Faith Challenge
The Challenge can only be in regards to the parts identified in this regulation.
Thus, leaving without an airbrake inspection is not covered under this GFC, but may be in non-compliance with other regulations nonetheless.
16Not an Official Document Training purposes ONLY
Good Faith Challenge
Step Two -- Resolution between the parties involved.
1. The person challenged accepts the employee’s request.
2. The employee’s acceptance of the directive.
3. The parties agree to a compromise.
17Not an Official Document Training purposes ONLY
Good Faith Challenge
Step Three -- If the parties cannot reach an agreement it requires a third party to become involved on the larger railroads.
NOTE: This third person who will IMMEDIATELY review the challenge cannot be a subordinate to the person issuing the directive.
18Not an Official Document Training purposes ONLY
Good Faith Challenge
NOTE: The person who originally issued the challenge can be directed to perform other duties while the third person reviews the GFC and it’s directives.
19Not an Official Document Training purposes ONLY
Good Faith Challenge
NOTE: The Railroad can direct another person to perform the challenge.. IF..
**The other employee is also made aware of the GFC.
20Not an Official Document Training purposes ONLY
Good Faith ChallengeStep Four -- The third person who is
reviewing the GFC has the same options to provide a resolution as the first person challenged.
NOTE: Except that the reviewing person’s decision shall NOT be subject to further immediate review.
21Not an Official Document Training purposes ONLY
Good Faith ChallengeStep Five -- After the review the
person who issued the GFC can appeal the decision in writing to a designated RR manager.
NOTE: The Railroad MUST offer to allow the person making the GFC to put their challenge in writing, and then respond to that challenge in writing by the end of the following month.
22Not an Official Document Training purposes ONLY
Good Faith Challenge Flow Chart
23Not an Official Document Training purposes ONLY
Part 218 Subpart F
– Shoving or Pushing Movements
These requirements do not apply to free rolling equipment..
24Not an Official Document Training purposes ONLY
5 Megabytes of Hard Drive in 1956
25Not an Official Document Training purposes ONLY
Part 218 Subpart F – Shoving or Pushing Movements
218.99 Shoving or pushing movements
These requirements do not apply to free rolling equipment.
26Not an Official Document Training purposes ONLY
Part 218 Subpart F – Shoving or Pushing Movements
218.99 Shoving or pushing movements (b) (1) Job briefing. Rolling equipment shall not be
shoved or pushed until…………………....
(b) (2) No unrelated tasks.
(b) (3) Point protection.
27Not an Official Document Training purposes ONLY
Part 218 Subpart F – Definitions
Yard access crossing means a private highway-rail grade crossing that is located within the physical confines of a railroad yard and is either:
– (1) open to unrestricted public access; or
– (2) open to persons other than railroad employees going about their normal duties , e.g., business guests or family members.
28Not an Official Document Training purposes ONLY
– Shoving or Pushing Movements
When initiating a remote control shoving or pushing movement the remote control operator, or a crewmember, shall visually determine the direction the equipment moves.
29Not an Official Document Training purposes ONLY
Shoving or Pushing Movements
Remote Control Zones can only nullify the requirement for point protection when ALL of the requirements are met, AND, it is on the leading end in the direction of movement (pull out end).
30Not an Official Document Training purposes ONLY
Which One is the Pull Out end?
RCL Zone Pull Out GATX 48710
1086
GATX 48710
1086
Which shove is OK & which is Not? (RCZ)
31Not an Official Document Training purposes ONLY
Part 218.101
– Leaving Equipment in the Clear
32Not an Official Document Training purposes ONLY
33Not an Official Document Training purposes ONLY
218.101 – Leaving Equipment in the Clear
Part 218.93 - Definitions
Foul or Fouling a Track: Rolling equipment or on-track MofW equipment is located such that the end of the equipment is between the clearance point and the switch point leading to the track on which the equipment is standing.
34Not an Official Document Training purposes ONLY
The Foul Zone is a concern only when the END of the Equipment
is in the Foul Zone .
Foul Zone
Foul Zone
If the end of equipment is in the foul zone, then you must determine if it is in compliance or not.
35Not an Official Document Training purposes ONLY
This diagram indicates that there is NO End of equipment in
the Foul Zones.
Foul Zone
Foul Zone
36Not an Official Document Training purposes ONLY
Subpart F – Leaving Equipment in the Clear [Standing on Main Track]
Non-compliance with 218.101 (b)(1)
Compliance with 218.101 (b)(1)
SwitchPosition(normal)
SwitchPosition
(reversed)
37Not an Official Document Training purposes ONLY
Subpart F – Leaving Equipment in the Clear [Standing on a Siding]
Non-compliance with 218.101 (b)(2)
Clearance point
Compliance with 218.101 (b)(2)
SW Lined
SW Lined
Clearance point
38Not an Official Document Training purposes ONLY
Leaving equipment in the clear on a Yard Track
Equipment shall not be left where it will foul a connecting track unless The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or
39Not an Official Document Training purposes ONLY
Subpart F – Leaving Equipment in the Clear [Yard]
Compliance with 218.101(b)(3)
Clearance point
SW Lined
SW Lined
Non-compliance with 218.101(b)(3)
Trains are standing on a Switching Lead Track
Clearance point
40Not an Official Document Training purposes ONLY
The standing equipment should not foul a lead track.
Foul Zone
Switch can be lined either way
Lead Track
Yard Track
41Not an Official Document Training purposes ONLY
The Train is standing
This train is occupying the Lead Track and all of the Switches are lined properly.
The end of the equipment is in the foul zone
42Not an Official Document Training purposes ONLY
Industrial Track Locations
NOTE: Most industry track locations have been exempted from this requirement.
43Not an Official Document Training purposes ONLY
Subpart F – Leaving Equipment in the Clear
Clearance point of the switch leading to the
industry
Example Of In Compliance with 218.101(b)(4)
Switch position is irrelevant inside industry
Industry Area
Foul Zone
Equipment is on an industry track beyond the clearance point of the SW into the industry
44Not an Official Document Training purposes ONLYThe Train is standing & the switch is properly lined.
Storage Stub Track
Lead
The Track is full
The end of the equipment is in the foul zone
45Not an Official Document Training purposes ONLY
Leaving equipment in the clear
Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car.
46Not an Official Document Training purposes ONLY
Part 218 Subpart F 218.103
Hand-operated switches, including cross-over switches
47Not an Official Document Training purposes ONLY
I wonder what will
happen if I do this?
FRA New Federal Regulations
48Not an Official Document Training purposes ONLY
Part 218 Subpart F – 218.103Employees operating or verifying the
position of a hand-operated switch shall:1. Conduct job briefings
2. Be qualified.
3. Visually determine that switches are properly lined.
4. No equipment can be fouling the switch.
5. Visually determine that the SW points fit.
49Not an Official Document Training purposes ONLY
Part 218 Subpart F – 218.103
NOTE: Rolling and on-track maintenance-of-way equipment shall not foul a track until all hand-operated switches connected with the movement are properly lined.
****[There are exceptions for switches intended to be trailed through]
50Not an Official Document Training purposes ONLY
Part 218 Subpart F
Additional operational requirements for hand-operated main track switches
NOTE: This Final Rule will supplant Emergency Order Number 24 – Page 8442.
51Not an Official Document Training purposes ONLY
Part 218 Subpart F Both hand-operated switches of a crossover
shall be properly lined before rolling and on-track maintenance-of-way equipment begins a crossover movement.
A crossover movement shall be completed before either hand-operated crossover switch is restored to normal position.
52Not an Official Document Training purposes ONLY
Part 218 Subpart F
Hand-operated crossover switches shall be left in corresponding position.
*** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc]
53Not an Official Document Training purposes ONLY
Part 218 Subpart F
Fixed derails shall be kept in the derailing position.
*** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc]
54Not an Official Document Training purposes ONLY
ProposedPenalty Schedule
• Subpart Penalty Willful
• 218.95 $5,000 $10,000
• 218.97 $7,500 $10,000
• 218.99 $7,000 $10,000
• 218.101 $7,500 $10,000
• 218.103 - 109 $5,000 10,000
Top Related