[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR238.109]

[Page 542-543]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents
 
           Subpart B--Safety Planning and General Requirements
 
Sec. 238.109  Training, qualification, and designation program.

    (a) Beginning on January 1, 2002, each railroad shall have adopted a 
training, qualification, and designation program for employees and 
contractors that perform any of the inspections, tests, or maintenance 
required by this part, and shall have trained such employees and 
contractors in accordance with the program. A railroad may request 
earlier application of these requirements upon written notification to 
FRA's Associate Administrator for Safety as provided in Sec. 238.1(c). 
For purposes of this section, a ``contractor'' is defined as a person 
under contract with the railroad or an employee of a person under 
contract with the railroad to perform any of the tasks required by this 
part.
    (b) As part of this program, the railroad shall, at a minimum:
    (1) Identify the tasks related to the inspection, testing, and 
maintenance required by this part that must be performed on each type of 
equipment that the railroad operates;
    (2) Develop written procedures for the performance of the tasks 
identified in paragraph (b)(1) of this section;
    (3) Identify the skills and knowledge necessary to perform each task 
identified in paragraph (b)(1) of this section;
    (4) Adopt a training curriculum that includes classroom and ``hands-
on'' lessons designed to impart the skills and knowledge identified as 
necessary to perform each task identified in paragraph (b)(1) of this 
section. The training curriculum shall specifically address the Federal 
regulatory requirements contained in this part that are related to the 
performance of the tasks identified;
    (5) Require all employees and contractors to successfully complete 
the training course that covers the equipment and tasks for which they 
are responsible that are required by this part as well as the specific 
Federal regulatory requirements contained in this part related to 
equipment and tasks for which they are responsible;
    (6) Require all employees and contractors to pass either a written 
or an oral examination covering the equipment and tasks for which they 
are responsible that are required by this part

[[Page 543]]

as well as the specific Federal regulatory requirements contained in 
this part related to equipment and tasks for which they are responsible;
    (7) Require all employees and contractors to individually 
demonstrate ``hands-on'' capability to successfully perform the tasks 
required by this part that must be performed as part of their duties on 
the type equipment to which they are assigned;
    (8) Require supervisors to complete the program that covers the 
employees whom they supervise, including refresher training;
    (9) Require supervisors to exercise oversight to ensure that all the 
identified tasks are performed in accordance with the railroad's written 
procedures;
    (10) Designate in writing that each employee and contractor has the 
knowledge and skills necessary to perform the safety-related tasks that 
are part of his or her job;
    (11) Require periodic refresher training, at an interval not to 
exceed three years, that includes classroom and ``hands-on'' training, 
as well as testing; except, employees and contractors that have 
completed their initial training under this part prior to January 1, 
2002, shall not be required to complete their first periodic refresher 
training until four years after the completion of their initial 
training, and every three years thereafter;
    (12) Add new equipment to the qualification and designation program 
prior to its introduction to revenue service; and
    (13) Maintain records adequate to demonstrate that each employee and 
contractor performing safety-related tasks on passenger equipment is 
currently qualified to do so. These records shall be adequate to 
distinguish the qualifications of the employee or contractor as a 
qualified person or as a qualified maintenance person.

[64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000; 67 
FR 19990, Apr. 23, 2002]