[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: 49CFR238.109]



[Page 663-664]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

           Subpart B_Safety Planning and General Requirements

 

Sec. 238.109  Training, qualification, and designation program.



    (a) Beginning on January 1, 2002, each railroad shall have adopted a 

training, qualification, and designation program for employees and 

contractors that perform any of the inspections, tests, or maintenance 

required by this part, and shall have trained such employees and 

contractors in accordance with the program. A railroad may request 

earlier application of these requirements upon written notification to 

FRA's Associate Administrator for Safety as provided in Sec. 238.1(c). 

For purposes of this section, a ``contractor'' is defined as a person 

under contract with the railroad or an employee of a person under 

contract with the railroad to perform any of the tasks required by this 

part.

    (b) As part of this program, the railroad shall, at a minimum:

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

maintenance required by this part that must be performed on each type of 

equipment that the railroad operates;

    (2) Develop written procedures for the performance of the tasks 

identified in paragraph (b)(1) of this section;

    (3) Identify the skills and knowledge necessary to perform each task 

identified in paragraph (b)(1) of this section;

    (4) Adopt a training curriculum that includes classroom and ``hands-

on'' lessons designed to impart the skills and knowledge identified as 

necessary to perform each task identified in paragraph (b)(1) of this 

section. The training curriculum shall specifically address the Federal 

regulatory requirements contained in this part that are related to the 

performance of the tasks identified;

    (5) Require all employees and contractors to successfully complete 

the



[[Page 664]]



training course that covers the equipment and tasks for which they are 

responsible that are required by this part as well as the specific 

Federal regulatory requirements contained in this part related to 

equipment and tasks for which they are responsible;

    (6) Require all employees and contractors to pass either a written 

or an oral examination covering the equipment and tasks for which they 

are responsible that are required by this part as well as the specific 

Federal regulatory requirements contained in this part related to 

equipment and tasks for which they are responsible;

    (7) Require all employees and contractors to individually 

demonstrate ``hands-on'' capability to successfully perform the tasks 

required by this part that must be performed as part of their duties on 

the type equipment to which they are assigned;

    (8) Require supervisors to complete the program that covers the 

employees whom they supervise, including refresher training;

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

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

procedures;

    (10) Designate in writing that each employee and contractor has the 

knowledge and skills necessary to perform the safety-related tasks that 

are part of his or her job;

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

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

as well as testing; except, employees and contractors that have 

completed their initial training under this part prior to January 1, 

2002, 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;

    (12) Add new equipment to the qualification and designation program 

prior to its introduction to revenue service; and

    (13) Maintain records adequate to demonstrate that each employee and 

contractor performing safety-related tasks on passenger equipment is 

currently qualified to do so. These records shall be adequate to 

distinguish the qualifications of the employee or contractor as a 

qualified person or as a qualified maintenance person.



[64 FR 25660, May 12, 1999, as amended at 65 FR 41307, July 3, 2000; 67 

FR 19990, Apr. 23, 2002]