[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

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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