[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: 49CFR218.22]



[Page 197-198]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 218_RAILROAD OPERATING PRACTICES--Table of Contents

 

               Subpart B_Blue Signal Protection of Workers

 

Sec. 218.22  Utility employee.



    (a) A utility employee shall be subject to the Hours of Service Act, 

and the requirements for training and testing, control of alcohol and 

drug use, and hours of service record keeping provided for in parts 217, 

219, and 228 of this chapter.

    (b) A utility employee shall perform service as a member of only one 

train or yard crew at any given time. Service with more than one crew 

may be sequential, but not concurrent.

    (c) A utility employee may be assigned to and serve as a member of a 

train or yard crew without the protection otherwise required by subpart 

D of part 218 of this chapter only under the following conditions:

    (1) The train or yard crew is assigned a controlling locomotive that 

is under the actual control of the assigned locomotive engineer of that 

crew;

    (2) The locomotive engineer is in the cab of the controlling 

locomotive, or, while the locomotive is stationary be replaced in the 

cab by another member of the same crew;

    (3) The utility employee established communication with the crew by 

contacting the designated crew member on arriving at the train (as 

defined for the purpose of this section as one or more locomotives 

coupled, with or without cars) and before commencing any duties with the 

crew.

    (4) Before each utility employee commences duties, the designated 

crew



[[Page 198]]



member shall provide notice to each crew member of the presence and 

identity of the utility employee. Once all crew members have 

acknowledged this notice, the designated crew member shall advise the 

utility employee that he or she is authorized to work as part of the 

crew. Thereafter, communication shall be maintained in such a manner 

that each member of the train or yard crew understands the duties to be 

performed and whether those duties will cause any crew member to go on, 

under, or between the rolling equipment; and

    (5) The utility employee is performing one or more of the following 

functions: set or release hand brakes; couple or uncouple air hoses and 

other electrical or mechanical connections; prepare rail cars for 

coupling; set wheel blocks or wheel chains; conduct air brake tests to 

include cutting air brake components in or out and position retaining 

valves; inspect, test, install, remove or replace a rear end marking 

device or end of train device. Under all other circumstances a utility 

employee working on, under, or between railroad rolling equipment must 

be provided with blue signal protection in accordance with Sec. Sec. 

218.23 through 218.30 of this part.

    (d) When the utility employee has ceased all work in connection with 

that train and is no longer on, under, or between the equipment, the 

utility employee shall notify the designated crew member. The designated 

crew member shall then provide notice to each crew member that the 

utility employee is being released from the crew. Once each crew member 

has acknowledged the notice, the designated crew member shall then 

notify the utility employee that he is released from the train or yard 

crew.

    (e) Communications required by Sec. 218.22(c)(4) and (d) shall be 

conducted between the utility employee and the designated crew member. 

This communications shall be conducted either through direct verbal 

contact, by radio in compliance with part 220 of this chapter, or by 

oral telecommunication of equivalent integrity.

    (f) No more than three utility employees may be attached to one 

train or yard crew at any given time.

    (g) Any railroad employee who is not assigned to a train or yard 

crew, or authorized to work with a crew under the conditions set forth 

by paragraph (b) of this section, is a worker required to be provided 

blue signal protection in accordance with Sec. Sec. 218.23 through 

218.30 of this part.

    (h) Nothing in this section shall affect the alternative form of 

protection specified in Sec. 221.16 of this chapter with respect to 

inspection of rear end marking devices.



[58 FR 43293, Aug. 16, 1993, as amended at 60 FR 11050, Mar. 1, 1995]