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| 49 CFR Part 243 New Training Requirements https://www.rypn.org/forums/viewtopic.php?f=1&t=37994 |
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| Author: | PCook [ Sun Apr 26, 2015 9:49 am ] |
| Post subject: | 49 CFR Part 243 New Training Requirements |
Those of you who operate equipment will want to pay attention to the new 49 CFR Part 243 regulations relating to mandatory training requirements for "Safety-Related" personnel. The designated trades include those doing mechanical and electrical work on equipment, as well as any contractors doing equivalent work on your property. You need to research the requirements of this program because they will have a substantial impact on the industry. I am just posting this to make you aware of the potential effect on your operations. Those who are concerned with this aspect of your business should request the guide titled "Training, Qualification, and Oversight for Safety Related Railroad Employees" from the FRA Office of Railroad Safety. It will be available by May 1, 2015. If you maintain and operate railroad equipment you need to obtain and read the document. PC |
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| Author: | Rick Rowlands [ Sun Apr 26, 2015 5:02 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
http://www.apta.com/gap/fedreg/Document ... 20Rule.pdf There is one person in the railroad industry that has a chip on his shoulder when it comes to tourist and historic railroads. Hopefully he is nearing retirement as nobody needs people like that around. F. Application and Responsibility of Compliance for Tourist, Scenic, Historic, and Excursion Railroads One commenter characterizes tourist, scenic, historic, and excursion railroads as largely run by people who are untrained and as railroad operations with many safety concerns. This commenter warns that the public will be put further at risk because the NPRM excludes these railroads from the training requirements. Thus, the commenter requests that FRA apply the final rule to tourist, scenic, historic, and excursion railroads. FRA’s Response As noted in the NPRM, the final rule would apply to tourist, scenic, historic, and excursion railroads that operate on the general system, which are the railroads that present the highest risk to members of the public. As discussed in the NPRM, FRA intends to apply its published policy statement regarding how the agency regulates tourist, scenic, historic, and excursion railroads, in determining necessary compliance with the provisions of this final rule. As stated in 49 CFR part 209, appendix A— The Extent and Exercise of FRA’s Safety Jurisdiction (the Policy Statement), FRA asserts broad jurisdiction over tourist operations, and explains that it works to ensure that the rules it issues are appropriate to the circumstances of the tourist railroad industry. For example, FRA does not exercise jurisdiction over insular tourist railroads that are off the general system, and it applies a limited number of its regulations to non-insular tourist railroads that are off the general system. Additionally, FRA has excluded all tourist railroads from certain of its regulations, i.e., 49 CFR parts 238 and 239 (passenger equipment safety standards and passenger train emergency preparedness). FRA stated in the Policy Statement that ‘‘[i]n drafting safety rules, FRA has a specific obligation to consider financial, operational, or other factors that may be unique to tourist operations . . . [and therefore] we work to ensure that the rules we issue are appropriate to their somewhat special circumstances.’’ However, the enforcement policy retains all of the general power and enforcement provisions of the rail safety statutes, including the authority to obtain subpoenas and civil penalties and to issue disqualification orders and emergency orders. FRA only has limited resources, so it focuses on regulating those areas that would generate the most safety benefit. In the NPRM, FRA stated that the decision to exclude certain types of tourist operations that are not part of the general system of transportation is consistent with FRA’s jurisdictional policy that already excludes these operations from all but a limited number of Federal safety laws, regulations, and orders. FRA disagrees with the contention that tourist, scenic, historic, and excursion railroads that do not operate on the general system of transportation are categorically unsafe and FRA continues to believe that it should not impose these training requirements on these small operations. |
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| Author: | Rick Rowlands [ Sun Apr 26, 2015 5:05 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
Probably the same guy: G. Application to Private Motorcar Operators One commenter raises an objection to private motorcars being operated on the general railroad system when the people operating these cars are untrained. A different commenter disagrees with the first commenter and states that, in his experience, motorcars have been safe and including them in this training rule would be over-reaching the intent of the RSIA. FRA’s Response The comment regarding the application of this rule to the training of motorcar operators is surprising to FRA because since August 1, 1963, railroads have been prohibited from permitting motorcars to pull or haul trailers, push trucks, hand cars, or similar cars or equipment on their track. 49 CFR 231.22. A railroad motorcar is generally considered an antiquated piece of self- propelled on-track equipment that has been relegated to use by hobbyists. Considering that this rule only applies to the training of any person employed by a railroad or contractor of a railroad as a safety-related railroad employee, it clearly does not apply to private motorcar owners and hobbyists who obtain permission from a railroad to operate on the railroad’s track for purposes of enjoying the hobby. FRA has no basis to support the commenter’s assertion that the operation of a private motorcar is so inherently unsafe that FRA should begin regulating the training of private operators who have taken up this hobby. |
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| Author: | Bartman-TN [ Sun Apr 26, 2015 5:11 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
The person who stated the above comments can be found easily on the comments board of the FRA. I believe that he happens to run a training program out west for conductors and engineers and seems to be trying to use these rule changes as a way to get new business. |
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| Author: | PCook [ Sun Apr 26, 2015 6:38 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
Readers wondering about the importance of this may want to take a look at the schedule of penalties and fines which is listed on the last page of the reference that Rick Rowlands provided the link for, three posts above. One of the concerns is that these regulations can extend to small contractors who do work for preservation organizations in place of full time employees. The cost of this compliance and the risk of fines may result in some turning down business. Note that there is wording applying to "installers" of locomotives and cars and of equipment on locomotives and cars, which would appear to be directed at the field service personnel of equipment manufacturers. This could also apply to the Caterpillar dealers who occasionally service locomotive HEP equipment. There are a lot of issues to consider for organizations who hire outside service contractors. PC |
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| Author: | Robert Opal [ Mon Apr 27, 2015 11:00 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
The Part 243 training rule doesn't apply to tourist railroads that aren't part of the general railroad system, see 49 CFR 243.3(a)(2). In other words, a tourist road that doesn't haul freight, or operate over a freight railroad is not subject to this rule. |
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| Author: | PCook [ Tue Apr 28, 2015 11:35 am ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
While it may not be applicable to certain tourist operations it is going to have an effect on the cost and availability of services from small contractors who are doing most of their business with railroads where they do have to comply with these regulations. PC |
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| Author: | historian1960 [ Tue Apr 28, 2015 12:10 pm ] |
| Post subject: | Re: 49 CFR Part 243 New Training Requirements |
I can only speak about the two museum/tourist properties I have been involved with, but the concern for safety and training at both are probably at standards higher than the commercial railroad industry. These organizations recognize most volunteers on average are "weekend warriors" and thus need more extensive training, spelled out procedures, etc. The properties that do not adhere to these high standards are ones I wouldn't be affiliated with. |
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