[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: 49CFR214.503]



[Page 166]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 214_RAILROAD WORKPLACE SAFETY--Table of Contents

 

  Subpart D_On-Track Roadway Maintenance Machines and Hi-Rail Vehicles

 

Sec.  214.503  Good-faith challenges; procedures for notification and 



resolution.



    (a) An employee operating an on-track roadway maintenance machine or 

hi-rail vehicle shall inform the employer whenever the employee makes a 

good-faith determination that the machine or vehicle does not comply 

with FRA regulations or has a condition that inhibits its safe 

operation.

    (b) Any employee charged with operating an on-track roadway 

maintenance machine or hi-rail vehicle covered by this subpart may 

refuse to operate the machine or vehicle if the employee makes a good-

faith determination that it does not comply with the requirements of 

this subpart or has a condition that inhibits its safe operation. The 

employer shall not require the employee to operate the machine or 

vehicle until the challenge resulting from the good-faith determination 

is resolved.

    (c) Each employer shall have in place and follow written procedures 

to assure prompt and equitable resolution of challenges resulting from 

good-faith determinations made in accordance with this section. The 

procedures shall include specific steps to be taken by the employer to 

investigate each good-faith challenge, as well as procedures to follow 

once the employer finds a challenged machine or vehicle does not comply 

with this subpart or is otherwise unsafe to operate. The procedures 

shall also include the title and location of the employer's designated 

official.