[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: 49CFR214.505]

[Page 163-164]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 214_RAILROAD WORKPLACE SAFETY--Table of Contents
 
  Subpart D_On-Track Roadway Maintenance Machines and Hi-Rail Vehicles
 
Sec. 214.505  Required environmental control and protection systems for 
new on-track roadway maintenance machines with enclosed cabs.

    (a) The following new on-track roadway maintenance machines shall be 
equipped with enclosed cabs with operative heating systems, operative 
air conditioning systems, and operative positive pressurized ventilation 
systems:
    (1) Ballast regulators;
    (2) Tampers;
    (3) Mechanical brooms;
    (4) Rotary scarifiers;
    (5) Undercutters; and
    (6) Functional equivalents of any of the machines identified in 
paragraphs (a)(1) through (a)(5) of this section.
    (b) New on-track roadway maintenance machines, and existing on-track 
roadway maintenance machines specifically designated by the employer, of 
the types identified in paragraphs (a)(1) through (a)(5) of this 
section, or functionally equivalent thereto, shall be capable of 
protecting employees in the cabs of the machines from exposure to air 
contaminants, in accordance with 29 CFR 1910.1000.
    (c) An employer shall maintain a list of new and designated existing 
on-track roadway maintenance machines of the types identified in 
paragraphs (a)(1) through (a)(5) of this section, or functionally 
equivalent thereto. The list shall be kept current and made available to 
the Federal Railroad Administration and other Federal and State agencies 
upon request.
    (d) An existing roadway maintenance machine of the type identified 
in paragraphs (a)(1) through (a)(5) of this section, or functionally 
equivalent thereto, becomes ``designated'' when the employer adds the 
machine to the list required in paragraph (c) of this section. The 
designation is irrevocable, and the designated existing roadway 
maintenance machine remains subject to paragraph (b) of this section 
until it is retired or sold.
    (e) If the ventilation system on a new on-track roadway maintenance 
machine or a designated existing on-track roadway maintenance machine of 
the type identified in paragraphs (a)(1) through (a)(5) of this section, 
or functionally equivalent thereto, becomes incapable of protecting an 
employee in the cab of the machine from exposure to air contaminants in 
accordance with 29 CFR 1910.1000, personal respiratory protective 
equipment shall be provided for each such employee until the machine is 
repaired in accordance with Sec. 214.531.
    (f) Personal respiratory protective equipment provided under 
paragraph (e) of this section shall comply with 29 CFR 1910.134.
    (g) New on-track roadway maintenance machines with enclosed cabs,

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other than the types identified in paragraphs (a)(1) through (a)(5) of 
this section or functionally equivalent thereto, shall be equipped with 
operative heating and ventilation systems.
    (h) When new on-track roadway maintenance machines require operation 
from non-enclosed stations outside of the main cab, the non-enclosed 
stations shall be equipped, where feasible from an engineering 
standpoint, with a permanent or temporary roof, canopy, or umbrella 
designed to provide cover from normal rainfall and midday sun.