49 CFR PARTS 217 218 FEDERAL RAILROAD ADMINISTRATION

49 CFR, PARTS 217 & 218 FEDERAL RAILROAD ADMINISTRATION Operating Practices Division For Instructional Purposes Only; for further clarification refer to the actual Final Rule Not an Official Document Training purposes ONLY 1

The Final Rule may be found Online at: http: //dms. dot. gov under Docket No. FRA-200625267; • 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. Not an Official Document Training purposes ONLY 2

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. Not an Official Document Training purposes ONLY 3

Not an Official Document Training purposes ONLY 4

WHY? Approximately 39% of Accidents in the data reviewed were Human Factor Accidents. Most of those involved non-compliance with the new regulations. Not an Official Document Training purposes ONLY 5

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. Not an Official Document Training purposes ONLY 6

217. 9 Railroads 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) Not an Official Document Training purposes ONLY 7

217. 9 The 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. Not an Official Document Training purposes ONLY 8

An FRA Inspector Reading the Regulations Not an Official Document Training purposes ONLY 9

Railroad Operating Practices Part 218 Subpart F – Handling Equipment, Switches, and Derails Not an Official Document Training purposes ONLY 10

I told my son’s friends at his graduation party that they can only have one beer. Kids, go figure. Not an Official Document Training purposes ONLY 11

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. Not an Official Document Training purposes ONLY 12

Part 218. 97 Subpart F Good Faith Challenge (GCF) Not an Official Document Training purposes ONLY 13

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. Not an Official Document Training purposes ONLY 14

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. Not an Official Document Training purposes ONLY 15

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. Not an Official Document Training purposes ONLY 16

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. Not an Official Document Training purposes ONLY 17

Good Faith Challenge NOTE: The person who originally issued the challenge can be directed to perform other duties while third person reviews the GFC and it’s directives. Not an Official Document Training purposes ONLY 18

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. Not an Official Document Training purposes ONLY 19

Good Faith Challenge Step 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. Not an Official Document Training purposes ONLY 20

Good Faith Challenge Step 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. Not an Official Document Training purposes ONLY 21

Good Faith Challenge Flow Chart Not an Official Document Training purposes ONLY 22

Part 218 Subpart F – Shoving or Pushing Movements. These requirements do not apply to free rolling equipment. Not an Official Document Training purposes ONLY 23

5 Megabytes of Hard Drive in 1956 Not an Official Document Training purposes ONLY 24

Part 218 Subpart F – Shoving or Pushing Movements 218. 99 Shoving or pushing movements These requirements do not apply to free rolling equipment. Not an Official Document Training purposes ONLY 25

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. Not an Official Document Training purposes ONLY 26

Part 218 Subpart F – Definitions Yard access crossing means a private highwayrail 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. Not an Official Document Training purposes ONLY 27

– 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. Not an Official Document Training purposes ONLY 28

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). Not an Official Document Training purposes ONLY 29

Which One is the Pull Out end? GATX 48710 1086 RCL Zone Pull Out GATX 48710 1086 Which shove is OK & which is Not? (RCZ) Not an Official Document Training purposes ONLY 30

Part 218. 101 – Leaving Equipment in the Clear Not an Official Document Training purposes ONLY 31

Not an Official Document Training purposes ONLY 32

218. 101 – Leaving Equipment in the Clear Part 218. 93 - Definitions Foul or Fouling a Track: Rolling equipment or on-track Mof. W 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. Not an Official Document Training purposes ONLY 33

The Foul Zone is a concern only when the END of the Equipment is in the Foul Zone Not an Official Document Training purposes ONLY If the end of equipment is in the foul zone, then you must determine if it is 34 in compliance or not.

This diagram indicates that there is NO End of equipment in the Foul Zones. Foul Zone Not an Official Document Training purposes ONLY 35

Subpart F – Leaving Equipment in the Clear [Standing on Main Track] Non-compliance with 218. 101 (b)(1) Switch Position (reversed) Not an Official Document Training purposes ONLY Compliance with 218. 101 (b)(1) Switch Position (normal) 36

Subpart F – Leaving Equipment in the Clear [Standing on a Siding] Non-compliance with 218. 101 (b)(2) Compliance with 218. 101 (b)(2) SW Lined Clearance point Not an Official Document Training purposes ONLY SW Lined Clearance point 37

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 Not an Official Document Training purposes ONLY 38

Subpart F – Leaving Equipment in the Clear [Yard] Compliance with 218. 101(b)(3) Clearance point SW g n i h c t i d e n Li in d n ta s e r a s n i a Tr Not an Official Document Training purposes ONLY SW n o g d e n Li d a Le k c Tra w S a Clearance point Non-compliance with 218. 101(b)(3) 39

The standing equipment should not foul a lead track. ck a r d. T Yar Foul Zone Lead Track Switch can be lined either way Not an Official Document Training purposes ONLY 40

The end of the equipment is in the foul zone g n i d n a t ss i n ai r T e Th This train is occupying the Lead Track and all of the Switches are lined properly. Not an Official Document Training purposes ONLY 41

Industrial Track Locations NOTE: Most industry track locations have been exempted from this requirement. Not an Official Document Training purposes ONLY 42

Subpart F – Leaving Equipment in the Clear Example Of In Compliance with 218. 101(b)(4) Industry Area Clearance point of the switch leading to the industry Switch position is irrelevant inside industry Foul Zone Equipment is on an industry track beyond the 43 Not an Official Document clearance point of the SW into the industry Training purposes ONLY

Storage Stub Track Le ad The end of the equipment is in the foul zone The Track is full Not an Official Document Training purposes ONLY 44 The Train is standing & the switch is properly lined.

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. Not an Official Document Training purposes ONLY 45

Part 218 Subpart F 218. 103 Hand-operated switches, including cross-over switches Not an Official Document Training purposes ONLY 46

I wonder what will happen if I do this? FRA New Federal Regulations Not an Official Document Training purposes ONLY 47

Part 218 Subpart F – 218. 103 Employees 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. Not an Official Document Training purposes ONLY 48

Part 218 Subpart F – 218. 103 NOTE: Rolling and on-track maintenanceof-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] Not an Official Document Training purposes ONLY 49

Part 218 Subpart F Additional operational requirements for handoperated main track switches NOTE: This Final Rule will supplant Emergency Order Number 24 – Page 8442. Not an Official Document Training purposes ONLY 50

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. Not an Official Document Training purposes ONLY 51

Part 218 Subpart F Hand-operated crossover switches shall be left in corresponding position. *** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc] Not an Official Document Training purposes ONLY 52

Part 218 Subpart F Fixed derails shall be kept in the derailing position. *** [There are exceptions for Blue Signal, RWP, Track Maintenance, Etc] Not an Official Document Training purposes ONLY 53

Proposed Penalty Schedule • • • Subpart 218. 95 218. 97 218. 99 218. 101 218. 103 - 109 Not an Official Document Training purposes ONLY Penalty $5, 000 $7, 500 $7, 000 $7, 500 $5, 000 Willful $10, 000 10, 000 54