[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: 49CFR214.505]



[Page 166-167]

 

                        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.  214.505  Required environmental control and protection systems 



for new on-track roadway maintenance machines with enclosed cabs.



    (a) The following new on-track roadway maintenance machines shall be 

equipped with enclosed cabs with operative heating systems, operative 

air conditioning systems, and operative positive pressurized ventilation 

systems:

    (1) Ballast regulators;

    (2) Tampers;

    (3) Mechanical brooms;

    (4) Rotary scarifiers;

    (5) Undercutters; and

    (6) Functional equivalents of any of the machines identified in 

paragraphs (a)(1) through (a)(5) of this section.

    (b) New on-track roadway maintenance machines, and existing on-track 

roadway maintenance machines specifically designated by the employer, of 

the types identified in paragraphs (a)(1) through (a)(5) of this 

section, or functionally equivalent thereto, shall be capable of 

protecting employees in the cabs of the machines from exposure to air 

contaminants, in accordance with 29 CFR 1910.1000.

    (c) An employer shall maintain a list of new and designated existing 

on-track roadway maintenance machines of the types identified in 

paragraphs (a)(1) through (a)(5) of this section, or functionally 

equivalent thereto. The list shall be kept current and made available to 

the Federal Railroad Administration and other Federal and State agencies 

upon request.

    (d) An existing roadway maintenance machine of the type identified 

in paragraphs (a)(1) through (a)(5) of this section, or functionally 

equivalent thereto, becomes ``designated'' when the employer adds the 

machine to the list required in paragraph (c) of this section. The 

designation is irrevocable, and the designated existing roadway 

maintenance machine remains subject to paragraph (b) of this section 

until it is retired or sold.

    (e) If the ventilation system on a new on-track roadway maintenance 

machine or a designated existing on-track roadway maintenance machine of 

the type identified in paragraphs (a)(1) through (a)(5) of this section, 

or functionally equivalent thereto, becomes incapable of protecting an 

employee in the cab of the machine from exposure to air contaminants in 

accordance with 29 CFR 1910.1000, personal respiratory protective 

equipment shall be provided for each such employee until the machine is 

repaired in accordance with Sec.  214.531.

    (f) Personal respiratory protective equipment provided under 

paragraph (e) of this section shall comply with 29 CFR 1910.134.

    (g) New on-track roadway maintenance machines with enclosed cabs,



[[Page 167]]



other than the types identified in paragraphs (a)(1) through (a)(5) of 

this section or functionally equivalent thereto, shall be equipped with 

operative heating and ventilation systems.

    (h) When new on-track roadway maintenance machines require operation 

from non-enclosed stations outside of the main cab, the non-enclosed 

stations shall be equipped, where feasible from an engineering 

standpoint, with a permanent or temporary roof, canopy, or umbrella 

designed to provide cover from normal rainfall and midday sun.