FEDERAL RAILROAD ADMINISTRATION Operating Practices Division For Instructional Purposes Only; for further clarification

1. 49 CFR, PARTS 217 & 218 FEDERAL RAILROAD ADMINISTRATIONOperating Practices DivisionFor Instructional Purposes Only;for further clarification refer to the actual Final Rule

2. The Final Rule may be found Online at: http://dms.dot.gov under Docket No. FRA-2006-25267; • Vol. 73 Federal Register at pages 8442 through 8505 (Wednesday, February 13, 2008); or • http://www.fra.dot.gov/Downloads/Counsel/Human_Factors_Final_Rule.pdf on FRA’s website.

3. Important This presentation is an abbreviated discussion of the rule, and not the entire rule. ***This information is meant to be accompanied by a more in-depth review of the actual regulation by the viewing audience, and should not be relied on for anything more than a basic introduction to the new regulations.

5. WHY? Approximately 39% of Accidents in the data reviewed were Human Factor Accidents. Most of those involved non-compliance with the new regulations.

6. 217.4 Definitions Qualifiedmean a person has successfully completed all instruction, training and examination programs required by the railroad and this part and that person **Applicable to Railroad Testing Officers (Managers) in 217.9 ………made available to representatives of the FRA for inspection and copying during normal business hours.

7. 217.9 Railroads will be required to review data and adjust their Operational Testing accordingly. These Reviews must be made available to the FRA. • Three month Review (Freight Only). • Six Month Review (Passenger Trains and at the System level for Freight Railroads)

8. 217.9 The program shall-- • Explain the minimum number of tests for the Railroad and each officer • Type of Ops Tests required. • Identify the RR officer who shall be responsible for ensuring that the program is in compliance.

9. An FRA Inspector Reading the Regulations

10. Railroad Operating Practices Part 218 Subpart F – Handling Equipment, Switches, and Derails

11. I told my son’s friends at his graduation party that they can only have one beer. Kids, go figure.

12. Part 218.95 – Instruction, Training and Examination • Basically; the railroads have until July 2009, to train all employees on these new regulations. • This date may change. • There must be a record of this training. • Training must be completed every three years.

13. Part 218.97Subpart F Good Faith Challenge(GCF)

14. Part 218.97 Subpart F – Good Faith Challenge First Step – Employee (manager or union member) makes a challenge. The challenge does not have to be directed at a superior/manager. A Conductor can address it to an Engineer; A Trainmaster to a dispatcher; A train crew to a dispatcher; Etc, Etc.

15. Good Faith Challenge The Challenge can only be in regards to the parts identified in this regulation. Thus, leaving without an airbrake inspection is not covered under this GFC, but may be in non-compliance with other regulations nonetheless.

16. Good Faith Challenge Step Two -- Resolution between the parties involved. • The person challenged accepts the employee’s request. • The employee’s acceptance of the directive. • The parties agree to a compromise.

17. Good Faith Challenge Step Three -- If the parties cannot reach an agreement it requires a third party to become involved on the larger railroads. NOTE: This third person who will IMMEDIATELY review the challenge cannot be a subordinate to the person issuing the directive.

18. Good Faith Challenge NOTE: The person who originally issued the challenge can be directed to perform other duties while the third person reviews the GFC and it’s directives.

19. Good Faith Challenge NOTE: The Railroad can direct another person to perform the challenge.. IF.. **The other employee is also made aware of the GFC.

20. Good Faith Challenge Step Four -- The third person who is reviewing the GFC has the same options to provide a resolution as the first person challenged. NOTE: Except that the reviewing person’s decision shall NOT be subject to further immediate review.

21. Good Faith Challenge Step Five -- After the review the person who issued the GFC can appeal the decision in writing to a designated RR manager. NOTE: The Railroad MUST offer to allow the person making the GFC to put their challenge in writing, and then respond to that challenge in writing by the end of the following month.

22. Good Faith Challenge Flow Chart

23. Part 218 Subpart F– Shoving or Pushing MovementsThese requirements do not apply to free rolling equipment. .

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25. Part 218 Subpart F – Shoving or Pushing Movements 218.99 Shoving or pushing movements These requirements do not apply to free rolling equipment.

26. Part 218 Subpart F – Shoving or Pushing Movements 218.99 Shoving or pushing movements • (1)Job briefing. Rolling equipment shall not be shoved or pushed until………………….... (b) (2)No unrelated tasks. (b) (3) Point protection.

27. Part 218 Subpart F – Definitions Yard access crossingmeans a private highway-rail grade crossing that is located within the physical confines of a railroad yard and is either: • (1) open to unrestricted public access; or • (2) open to persons other than railroad employees going about their normal duties , e.g., business guests or family members.

28. – Shoving or Pushing Movements When initiating a remote control shoving or pushing movement the remote control operator, or a crewmember, shall visually determine the direction the equipment moves.

29. Shoving or Pushing Movements Remote Control Zones can only nullify the requirement for point protection when ALL of the requirements are met, AND, it is on the leading end in the direction of movement (pull out end).

30. 1086 1086 GATX 48710 GATX 48710 Which One is the Pull Out end? RCL Zone Pull Out Which shove is OK & which is Not? (RCZ)

31. Part 218.101– Leaving Equipment in the Clear

33. 218.101 – Leaving Equipment in the Clear Part 218.93 - Definitions Foul or Fouling a Track: Rolling equipment or on-track MofW equipment is located such that the end of the equipment is between the clearance point and the switch point leading to the track on which the equipment is standing.

34. Foul Zone Foul Zone The Foul Zone is a concern only when the END of the Equipment is in the Foul Zone . If the end of equipment is in the foul zone, then you must determine if it is in compliance or not.

35. Foul Zone Foul Zone This diagram indicates that there is NO End of equipment in the Foul Zones.

36. Subpart F – Leaving Equipment in the Clear [Standing on Main Track] Non-compliance with 218.101 (b)(1) Compliance with 218.101 (b)(1) Switch Position (normal) Switch Position (reversed) FOUL ZONE FOUL ZONE

37. Subpart F – Leaving Equipment in the Clear [Standing on a Siding] Non-compliance with 218.101 (b)(2) Compliance with 218.101 (b)(2) SW Lined SW Lined Clearance point Clearance point FOUL ZONE FOUL ZONE

38. Leaving equipment in the clear on a Yard Track Equipment shall not be left where it will foul a connecting track unless The equipment is standing on a yard switching lead track, and the yard track switch that the equipment is fouling is lined for the yard switching lead track on which the equipment is standing; or

39. Subpart F – Leaving Equipment in the Clear [Yard] Compliance with 218.101(b)(3) Clearance point FOUL ZONE SW Lined Trains are standing on a Switching Lead Track Clearance point FOUL ZONE SW Lined Non-compliance with 218.101(b)(3)

40. Foul Zone The standing equipment should not foul a lead track. Yard Track Lead Track Switch can be lined either way

41. The end of the equipment is in the foul zone FOUL ZONE The Train is standing This train is occupying the Lead Track and all of the Switches are lined properly.

42. Industrial Track Locations NOTE:Most industry track locations have been exempted from this requirement.

43. Subpart F – Leaving Equipment in the Clear Example Of In Compliance with 218.101(b)(4) Industry Area Clearance point of the switch leading to the industry Switch position is irrelevant inside industry FOUL ZONE Foul Zone Equipment is on an industry track beyond the clearance point of the SW into the industry

44. The end of the equipment is in the foul zone Storage Stub Track Lead The Track is full FOUL ZONE The Train is standing & the switch is properly lined.

45. Leaving equipment in the clear Each railroad shall implement procedures that enable employees to identify clearance points and a means to identify locations where clearance points will not permit a person to safely ride on the side of a car.

46. Part 218 Subpart F 218.103 Hand-operated switches, including cross-over switches

47. I wonder what will happen if I do this? FRA New Federal Regulations

48. Part 218 Subpart F – 218.103 Employees operating or verifying the position of a hand-operated switch shall: • Conduct job briefings • Be qualified. • Visually determine that switches are properly lined. • No equipment can be fouling the switch. • Visually determine that the SW points fit.

49. Part 218 Subpart F – 218.103 NOTE:Rolling and on-track maintenance-of-way equipment shall not foul a track until all hand-operated switches connected with the movement are properly lined. ****[There are exceptions for switches intended to be trailed through]

50. Part 218 Subpart F Additional operational requirements for hand-operated main track switches NOTE: This Final Rule will supplant Emergency Order Number 24 – Page 8442.