[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR214.103]

[Page 148]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 214_RAILROAD WORKPLACE SAFETY--Table of Contents
 
                Subpart B_Bridge Worker Safety Standards
 
Sec. 214.103  Fall protection, generally.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, when bridge workers work twelve feet or more above the ground 
or water surface, they shall be provided and shall use a personal fall 
arrest system or safety net system. All fall protection systems required 
by this section shall conform to the standards set forth in Sec. 
214.105 of this subpart.
    (b)(1) This section shall not apply if the installation of the fall 
arrest system poses a greater risk than the work to be performed. In any 
action brought by FRA to enforce the fall protection requirements, the 
railroad or railroad contractor shall have the burden of proving that 
the installation of such device poses greater exposure to risk than 
performance of the work itself.
    (2) This section shall not apply to bridge workers engaged in 
inspection of railroad bridges conducted in full compliance with the 
following conditions:
    (i) The railroad or railroad contractor has a written program in 
place that requires training in, adherence to, and use of safe 
procedures associated with climbing techniques and procedures to be 
used;
    (ii) The bridge worker to whom this exception applies has been 
trained and qualified according to that program to perform bridge 
inspections, has been previously and voluntarily designated to perform 
inspections under the provision of that program, and has accepted the 
designation;
    (iii) The bridge worker to whom this exception applies is familiar 
with the appropriate climbing techniques associated with all bridge 
structures the bridge worker is responsible for inspecting;
    (iv) The bridge worker to whom this exception applies is engaged 
solely in moving on or about the bridge or observing, measuring and 
recording the dimensions and condition of the bridge and its components; 
and
    (v) The bridge worker to whom this section applies is provided all 
equipment necessary to meet the needs of safety, including any 
specialized alternative systems required.
    (c) This section shall not apply where bridge workers are working on 
a railroad bridge equipped with walkways and railings of sufficient 
height, width, and strength to prevent a fall, so long as bridge workers 
do not work beyond the railings, over the side of the bridge, on ladders 
or other elevation devices, or where gaps or holes exist through which a 
body could fall. Where used in place of fall protection as provided for 
in Sec. 214.105, this paragraph (c) is satisfied by:
    (1) Walkways and railings meeting standards set forth in the 
American Railway Engineering Association's Manual for Railway 
Engineering; and
    (2) Roadways attached to railroad bridges, provided that bridge 
workers on the roadway deck work or move at a distance six feet or more 
from the edge of the roadway deck, or from an opening through which a 
person could fall.
    (d) This section shall not apply where bridge workers are performing 
repairs or inspections of a minor nature that are completed by working 
exclusively between the outside rails, including but not limited to, 
routine welding, spiking, anchoring, spot surfacing, and joint bolt 
replacement.

[67 FR 1906, Jan. 15, 2002]

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