[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR209.301]



[Page 27-28]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                  Subpart D_Disqualification Procedures

 

Sec.  209.301  Purpose and scope.



    Source: 54 FR 42907, Oct. 18, 1989, unless otherwise noted.





    (a) This subpart prescribes the rules of practice for administrative 

proceedings relating to the determination of an individual's fitness for 

performing safety-sensitive functions under section 209(f) of the 

Federal Railroad Safety Act of 1970 (45 U.S.C. 438(f)).

    (b) The purpose of this subpart is to prevent accidents and 

casualties in railroad operations that result from the presence in the 

work force of railroad employees, including managers and supervisors, 

and agents of railroads who have demonstrated their unfitness to perform 

the safety-sensitive functions described in Sec.  209.303 by violating 

any rule, regulation, order or standard prescribed by FRA. Employees and 

agents who evidence such unfitness may be disqualified, under specified 

terms and conditions, temporarily or permanently, from performing such 

safety-sensitive functions.

    (c) This subpart does not preempt a railroad from initiating 

disciplinary proceedings and imposing disciplinary sanctions against its 

employees, including managers and supervisors, under its collective 

bargaining agreements or in the normal and customary manner. 

Disqualification determinations made under this subpart shall have no 

effect on prior or subsequent



[[Page 28]]



disciplinary actions taken against such employees by railroads.