[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR214.503]

[Page 178]
 
                        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.