[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: 49CFR232.203]



[Page 537-539]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER 

NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table 

of Contents

 

              Subpart C_Inspection and Testing Requirements

 

Sec. 232.203  Training requirements.



    (a) Each railroad and each contractor shall adopt and comply with a 

training, qualification, and designation program for its employees that 

perform brake system inspections, tests, or maintenance. For purposes of 

this section, a ``contractor'' is defined as a person under contract 

with the railroad or car owner. The records required by this section may 

be maintained either electronically or in writing.

    (b) As part of this program, the railroad or contractor shall:

    (1) Identify the tasks related to the inspection, testing, and 

maintenance of the brake system required by this part that must be 

performed by the railroad or contractor and identify the skills and 

knowledge necessary to perform each task.

    (2) Develop or incorporate a training curriculum that includes both 

classroom and ``hands-on'' lessons designed to impart the skills and 

knowledge identified as necessary to perform each task. The developed or 

incorporated training curriculum shall specifically address the Federal 

regulatory requirements contained in this part that are related to the 

performance of the tasks identified.

    (3) Require all employees to successfully complete a training 

curriculum that covers the skills and knowledge the employee will need 

to possess in order to perform the tasks required by this part that the 

employee will be responsible for performing, including the specific 

Federal regulatory requirements contained in this part related to the 

performance of a task for which the employee will be responsible;

    (4) Require all employees to pass a written or oral examination 

covering the skills and knowledge the employee



[[Page 538]]



will need to possess in order to perform the tasks required by this part 

that the employee will be responsible for performing, including the 

specific Federal regulatory requirements contained in this part related 

to the performance of a task for which the employee will be responsible 

for performing;

    (5) Require all employees to individually demonstrate ``hands-on'' 

capability by successfully applying the skills and knowledge the 

employee will need to possess in order to perform the tasks required by 

this part that the employee will be responsible for performing to the 

satisfaction of the employee's supervisor or designated instructor;

    (6) An employee hired or working prior to June 1, 2001, for a 

railroad or contractor covered by this part will be considered to have 

met the requirements, or a portion of the requirements, contained in 

paragraphs (b)(3) through (b)(5) of this section if the employee 

receives training and testing on the specific Federal regulatory 

requirements contained in this part related to the performance of the 

tasks which the employee will be responsible for performing; and if:

    (i) The training or testing, including efficiency testing, 

previously received by the employee is determined by the railroad or 

contractor to meet the requirements, or a portion of the requirements, 

contained in paragraphs (b)(3) through (b)(5) of this section and such 

training or testing can be documented as required in paragraphs (e)(1) 

through (e)(4) of this section;

    (ii) The employee passes an oral, written, or practical, ``hands-

on'' test developed or adopted by the railroad or contractor which is 

determined by the railroad or contractor to ensure that the employee 

possesses the skills and knowledge, or a portion of the skills or 

knowledge, required in paragraphs (b)(3) through (b)(5) of this section 

and the test is documented as required in paragraph (e) of this section; 

or

    (iii) The railroad or contractor certifies that a group or segment 

of its employees has previously received training or testing determined 

by the railroad or contractor to meet the requirements, or a portion of 

the requirements, contained in paragraphs (b)(3) through (b)(5) of this 

section and complete records of such training are not available, 

provided the following conditions are satisfied:

    (A) The certification is placed in the employee's training records 

required in paragraph (e) of this section;

    (B) The certification contains a brief description of the training 

provided and the approximate date(s) on which the training was provided; 

and

    (C) Any employee determined to be trained pursuant to this paragraph 

is given a diagnostic oral, written, or ``hands-on'' test covering that 

training for which this paragraph is relied upon at the time the 

employee receives his or her first periodic refresher training under 

paragraph (b)(8) of this section.

    (iv) Any combination of the training or testing contained in 

paragraphs (b)(6)(i) through (b)(6)(iii) of this section and paragraphs 

(b)(3) through (b)(5) of this section.

    (7) Require supervisors to exercise oversight to ensure that all the 

identified tasks are performed in accordance with the railroad's written 

procedures and the specific Federal regulatory requirements contained in 

this part;

    (8) Require periodic refresher training, at an interval not to 

exceed three years, that includes classroom and ``hands-on'' training, 

as well as testing; except that employees that have completed their 

initial training under paragraphs (b)(3) through (b)(6) of this part 

prior to April 1, 2004, 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. Observation 

and evaluation of actual performance of duties may be used to meet the 

``hands-on'' portion of this requirement, provided that such testing is 

documented as required in paragraph (e) of this section; and

    (9) Add new brake systems to the training, qualification and 

designation program prior to its introduction to revenue service.

    (c) A railroad that operates trains required to be equipped with a 

two-way end-of-train telemetry device pursuant to Subpart E of this 

part, and each contractor that maintains such devices shall adopt and 

comply with a training program which specifically addresses



[[Page 539]]



the testing, operation, and maintenance of two-way end-of-train devices 

for employees who are responsible for the testing, operation, and 

maintenance of the devices.

    (d) A railroad that operates trains under conditions that require 

the setting of air brake pressure retaining valves shall adopt and 

comply with a training program which specifically addresses the proper 

use of retainers for employees who are responsible for using or setting 

retainers.

    (e) A railroad or contractor shall maintain adequate records to 

demonstrate the current qualification status of all of its personnel 

assigned to inspect, test, or maintain a train brake system. The records 

required by this paragraph may be maintained either electronically or in 

writing and shall be provided to FRA upon request. These records shall 

include the following information concerning each such employee:

    (1) The name of the employee;

    (2) The dates that each training course was completed;

    (3) The content of each training course successfully completed;

    (4) The employee's scores on each test taken to demonstrate 

proficiency;

    (5) A description of the employee's ``hands-on'' performance 

applying the skills and knowledge the employee needs to possess in order 

to perform the tasks required by this part that the employee will be 

responsible for performing and the basis for finding that the skills and 

knowledge were successfully demonstrated;

    (6) The tasks required to be performed under this part which the 

employee is deemed qualified to perform; and

    (7) Identification of the person(s) determining that the employee 

has successfully completed the training necessary to be considered 

qualified to perform the tasks identified in paragraph (e)(7) of this 

section.

    (8) The date that the employee's status as qualified to perform the 

tasks identified in paragraph (e)(7) of this section expires due to the 

need for refresher training.

    (f) A railroad or contractor shall adopt and comply with a plan to 

periodically assess the effectiveness of its training program. One 

method of validation and assessment could be through the use of 

efficiency tests or periodic review of employee performance.



[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17581, Apr. 10, 2002]