Code of Federal Regulations (alpha)

CFR /  Title 49  /  Part 214  /  Sec. 214.533 Schedule of repairs subject to availability of parts.

(a) The employer shall order a part necessary to repair a non-complying condition on an on-track roadway maintenance machine or a hi-rail vehicle by the end of the next business day following the report of the defect.

(b) When the employer cannot repair a non-complying condition as required by Sec. 214.531 because of the temporary unavailability of a necessary part, the employer shall repair the on-track roadway maintenance machine or hi-rail vehicle within seven calendar days after receiving the necessary part. The employer may continue to use the on-track roadway maintenance machine or hi-rail vehicle with a non-complying condition until receiving the necessary part(s) for repair, subject to the requirements of Sec. 214.503. However, if a non-complying condition is not repaired within 30 days following the report of the defect, the employer shall remove the on-track roadway maintenance machine or hi-rail vehicle from on-track service until it is brought into compliance with this subpart.

(c) If the employer fails to order a part necessary to repair the reported non-complying condition, or if it fails to install an available part within the required seven calendar days, the on-track roadway maintenance machine or hi-rail vehicle shall be removed from on-track service until brought into compliance with this subpart.

(d) Each employer shall maintain records pertaining to compliance with this section. Records may be kept on forms provided by the employer or by electronic means. The employer shall retain each record for at least one year, and the records shall be made available for inspection and copying during normal business hours by representatives of FRA and States participating under part 212 of this chapter. The records may be kept on the on-track roadway maintenance machine or hi-rail vehicle or at a location designated by the employer.

Sec. Appendix A to Part 214--Schedule of Civil Penalties \1\ ------------------------------------------------------------------------

Section Violation Willful------------------------------------------------------------------------

Subpart B--Bridge Worker Safety Standards

214.103 Fall protection:

(i) Failure to provide fall protection...... $5,000 $10,000

(ii) Failure to use fall protection......... ........... 2,500214.105 Standards and practices:

(a) General:

(1) Fall protection used for other 2,500 5,000

purposes.................................

(2) Failure to remove from service........ 2,500 5,000

(3) Failure to protect from deterioration. 2,500 5,000

(4) Failure to inspect and remove......... 5,000 10,000

(5) Failure to train...................... 5,000 10,000

(6) Failure to provide for prompt rescue.. 5,000 10,000

(7) Failure to prevent damage............. 2,500 5,000

(8) Failure to use proper connectors...... 2,500 5,000

(9) Failure to use proper anchorages...... 2,500 5,000

(b) Fall arrest system:

(1)-(17) Failure to provide conforming 2,500 5,000

equipment................................

(c) Safety net systems:

(1) Failure to install close to workplace. 2,500 5,000

(2) Failure to provide fall arrest if over 5,000 10,000

30 feet..................................

(3) Failure to provide for unobstructed 5,000 10,000

fall.....................................

(4) Failure to test....................... 2,500 5,000

(5) Failure to use proper equipment....... 2,500 5,000

(6) Failure to prevent contact with 5,000 10,000

surface below............................

(7) Failure to properly install........... 5,000 10,000

(8) Failure to remove defective nets...... 5,000 10,000

(9) Failure to inspect.................... 5,000 10,000

(10) Failure to remove objects............ 1,000 2,500

(11)-(13) Failure to use conforming 2,500 10,000

equipment................................214.107 Working over water:

(a)(i) Failure to provide life vest......... 5,000 10,000

(ii) Failure to use life vest............. ........... 1,500

(c) Failure to inspect...................... 2,500 5,000

(e)(i) Failure to provide ring bouys........ 5,000 10,000

(ii) Failure to use ring bouys............ ........... 1,500

(f)(i) Failure to provide skiff............. 1,000 2,500

(ii) Failure to use skiff................. ........... 1,500214.109 Scaffolding:

(a)-(f) Failure to provide conforming 2,500 5,000

equipment..................................

214.113 Head protection:

(a)(i) Failure to provide................... 2,500 5,000

(ii) Failure to use....................... ........... 1,500

(b) or (c) Failure to provide conforming 2,500 5,000

equipment..................................214.115 Foot protection:

(a)(i) Failure to require use of............ 2,500 5,000

(ii) Failure to use....................... ........... 1,500214.117 Eye and face protection:

(a)(i) Failure to provide................... 2,500 5,000

(ii) Failure to use....................... ........... 1,500

(b) Failure to use conforming equipment..... 2,500 5,000

(c) Use of defective equipment.............. 2,500 5,000

(d) Failure to provide for corrective lenses 2,500 5,000

Subpart C--Roadway Worker Protection Rule

214.303 Railroad on-track safety programs,

generally:

(a) Failure of a railroad to implement an On- 10,000 20,000

track Safety Program.......................

(b) On-track Safety Program of a railroad 5,000 10,000

includes no internal monitoring procedure..214.305 Compliance Dates:

Failure of a railroad to comply by the 5,000 10,000

specified dates............................214.307 Review and approval of individual on-

track safety programs by FRA:

(a)(i) Failure to notify FRA of adoption of 1,000 5,000

On-track Safety Program....................

(ii) Failure to designate primary person 1,000 2,000

to contact for program review............214.309 On-track safety program documents:

(1) On-track Safety Manual not provided to 2,000 5,000

prescribed employees.......................

(2) On-track Safety Program documents issued 2,000 5,000

in fragments...............................214.311 Responsibility of employers:

(b) Roadway worker required by employer to 5,000 10,000

foul a track during an unresolved challenge

(c) Roadway workers not provided with 5,000 10,000

written procedure to resolve challenges of

on-track safety procedures.................214.313 Responsibility of individual roadway

workers:

(b) Roadway worker fouling a track when not ........... 1,000

necessary in the performance of duty.......

(c) Roadway worker fouling a track without ........... 1,500

ascertaining that provision is made for on-

track safety...............................

(d) Roadway worker failing to notify ........... 3,000

employer of determination of improper on-

track safety provisions....................214.315 Supervision and communication:

(a)(1) Complete failure of employer to 5,000 10,000

(1) Complete failure of employer to 5,000 10,000

provide on-track safety job briefing.......

(2)-(4) Partial failure of employer to 2,000 4,000

provide on-track safety job briefing.....

(b) Incomplete job briefing............... 2,000 5,000

(c)(i) Failure to designate roadway worker 2,000 5,000

in charge of roadway work group..........

(ii) Designation of more than one roadway 1,000 2,000

worker in charge of a roadway work group.

(iii) Designation of non-qualified roadway 3,000 6,000

worker in charge of roadway work group...

(d)(i) Failure to notify roadway workers 3,000 6,000

of on-track safety procedures in effect..

(ii) Incorrect information provided to 3,000 6,000

roadway workers regarding on-track safety

procedures in effect.....................

(iii) Failure to notify roadway workers of 3,000 6,000

change in on-track safety procedures.....

(e)(i) Failure of lone worker to 1,500

communicate with designated employee for

daily job briefing.......................

(ii) Failure of employer to provide means 3,000 6,000

for lone worker to receive daily job

briefing.................................214.317 On-track safety procedures, generally:

On-track safety rules conflict with this 5,000 10,000

part.....................................214.319 Working limits, generally:

(a) Non-qualified roadway worker in charge 5,000 10,000

of working limits..........................

(b) More than one roadway worker in charge 2,000 5,000

of working limits on the same track segment

(c)(1) Working limits released without 5,000 10,000

(1) Working limits released without 5,000 10,000

notifying all affected roadway workers.....

(2) Working limits released before all 5,000 10,000

affected roadway workers are otherwise

protected................................214.321 Exclusive track occupancy:

(b) Improper transmission of authority for 2,000 5,000

exclusive track occupancy..................

(b)(1) Failure to repeat authority for ........... 1,500

(1) Failure to repeat authority for ........... 1,500

exclusive track occupancy to issuing

employee...................................

(2) Failure to retain possession of ........... 1,000

written authority for exclusive track

occupancy................................

(3) Failure to record authority for ........... 2,000

exclusive track occupancy when issued....

(c) Limits of exclusive track occupancy not 2,000 4,000

identified by proper physical features.....

(d)(1) Movement authorized into limits of 5,000 10,000

(1) Movement authorized into limits of 5,000 10,000

exclusive track occupancy without authority

of roadway worker in charge................

(2) Movement authorized within limits of 5,000 10,000

exclusive track occupancy without

authority of roadway worker in charge....

(3) Movement within limits of exclusive 5,000 10,000

track occupancy exceeding restricted

speed without authority of roadway worker

in charge................................214.323 Foul time:

(a) Foul time authority overlapping movement 5,000 10,000

authority of train or equipment............

(b) Failure to repeat foul time authority to ........... 1,500

issuing employee...........................214.325 Train coordination:

(a) Train coordination limits established 1,500 4,000

where more than one train is authorized to

operate....................................

(b)(1) Train coordination established with ........... 1,500

(1) Train coordination established with ........... 1,500

train not visible to roadway worker at the

time.......................................

(2) Train coordination established with ........... 1,500

moving train.............................

(3) Coordinated train moving without 2,000 5,000

authority of roadway worker in charge....

(4) Coordinated train releasing movement 3,000 6,000

authority while working limits are in

effect...................................214.327 Inaccessible track:

(a) Improper control of entry to 3,000 6,000

inaccessible track.........................

(5) Remotely controlled switch not 3,000 6,000

properly secured by control operator.....

(b) Train or equipment moving within 3,000 6,000

inaccessible track limits without

permission of roadway worker in charge.....

(c) Unauthorized train or equipment located 2,000 5,000

within inaccessible track limits...........214.329 Train approach warning provided by

watchmen/lookouts:

(a) Failure to give timely warning of ........... 5,000

approaching train..........................

(b)(1) Failure of watchman/lookout to give ........... 3,000

(1) Failure of watchman/lookout to give ........... 3,000

full attention to detecting approach of

train......................................

(2) Assignment of other duties to watchman/ 3,000 5,000

lookout..................................

(c) Failure to provide proper warning signal 2,000 5,000

devices....................................

(d) Failure to maintain position to receive ........... 2,000

train approach warning signal..............

(e) Failure to communicate proper warning 1,500 3,000

signal.....................................

(f)(1) Assignment of non-qualified person as 3,000 5,000

(1) Assignment of non-qualified person as 3,000 5,000

watchman/lookout...........................

(2) Non-qualified person accepting ........... 1,500

assignment as watchman/lookout...........

(g) Failure to properly equip a watchman/ 2,000 4,000

lookout....................................214.331 Definite train location:

(a) Definite train location established 3,000 5,000

where prohibited...........................

(b) Failure to phase out definite train 3,000 5,000

location by required date..................

(d)(1) Train location information issued by 2,000 5,000

(1) Train location information issued by 2,000 5,000

unauthorized person........................

(2) Failure to include all trains operated 3,000 5,000

on train location list...................

(5) Failure to clear a by ten minutes at ........... 2,000

the last station at which time is shown..

(6) Train passing station before time 3,000 5,000

shown in train location list.............

(7) Non-qualified person using definite 2,000 3,000

train location to establish on- track

safety...................................214.333 Informational line-ups of trains:

(a) Informational line-ups of trains used 3,000 5,000

for on-track safety where prohibited.......

(b) Informational line-up procedures 5,000 10,000

inadequate to protect roadway workers......

(c) Failure to discontinue informational 5,000 10,000

line-ups by required date..................214.335 On-track safety procedures for roadway

work groups :

(a) Failure to provide on-track safety for a 3,000 5,000

member of a roadway work group.............

(b) Member of roadway work group fouling a ........... 2,000

track without authority of employee in

charge.....................................214.336 On-track safety procedures for certain

roadway work groups and adjacent tracks:

(a)(1) Failure to establish on-track safety 5,000 10,000

(1) Failure to establish on-track safety 5,000 10,000

for each adjacent controlled track as

required under this section................

(2) Failure to implement the more 1,500 3,000

restrictive procedure required by

paragraph (b) during special circumstance

of concurrent movement(s) on two adjacent

controlled tracks where one movement is

authorized or permitted at a speed over

25 mph (or over 40 mph for a passenger

movement)................................

(b)(1) Failure of roadway worker to cease 5,000 10,000

(1) Failure of roadway worker to cease 5,000 10,000

work and occupy a predetermined place of

safety upon receiving a warning or

notification of train or other on-track

equipment movement(s) on an adjacent

controlled track...........................

(2) Resumption of work before trailing- 5,000 10,000

end of all applicable movements has

passed the roadway worker................

(c) Failure to maintain 25-foot spacing 2,000 4,000

between on-track, self-propelled equipment

or coupled equipment and roadway worker(s)

on the occupied track during an adjacent-

controlled-track movement at 25 mph or less

(d) Failure to implement on-track safety 2,000 4,000

procedures on an adjacent track when deemed

necessary by the roadway worker in charge

of providing on-track safety for a roadway

work group.................................

(e)......................................... (1) (1)

(f) Roadway maintenance machine component 5,000 10,000

fouling an adjacent controlled track

without working limits or with movements

permitted within working limits............214.337 On-track safety procedures for lone

workers:

(b) Failure by employer to permit individual 5,000 10,000

discretion in use of individual train

detection..................................

(c)(1) Individual train detection used by 2,000 4,000

(1) Individual train detection used by 2,000 4,000

non-qualified employee.....................

(2) Use of individual train detection ........... 2,000

while engaged in heavy or distracting

work.....................................

(3) Use of individual train detection in ........... 2,000

controlled point or manual interlocking..

(4) Use of individual train detection with ........... 2,000

insufficient visibility..................

(5) Use of individual train detection with ........... 2,000

interfering noise........................

(6) Use of individual train detection ........... 3,000

while a train is passing.................

(d) Failure to maintain access to place of ........... 2,000

safety clear of live tracks................

(e) Lone worker unable to maintain vigilant ........... 2,000

lookout....................................

(f)(1) Failure to prepare written statement ........... 1,500

(1) Failure to prepare written statement ........... 1,500

of on-track safety.........................

(2) Incomplete written statement of on- ........... 1,000

track safety.............................

(3) Failure to produce written statement ........... 1,500

of on-track safety to FRA................214.339 Audible warning from trains:

(a) Failure to require audible warning from 2,000 4,000

trains.....................................

(b) Failure of train to give audible warning 1,000 3,000

where required.............................214.341 Roadway maintenance machines:

(a) Failure of on-track safety program to 3,000 5,000

include provisions for safety near roadway

maintenance machines.......................

(b) Failure to provide operating 2,000 4,000

instructions...............................

(1) Assignment of non-qualified employee 2,000 5,000

to operate machine.......................

(2) Operator unfamiliar with safety 2,000 5,000

instructions for machine.................

(3) Roadway worker working with unfamiliar 2,000 5,000

machine..................................

(c) Roadway maintenance machine not clear of 3,000 6,000

passing trains.............................214.343 Training and qualification, general:

(a)(1) Failure of railroad program to 5,000 10,000

(1) Failure of railroad program to 5,000 10,000

include training provisions................

(2) Failure to provide initial training... 3,000 6,000

(b) Failure to provide annual training...... 2,500 5,000

(c) Assignment of non-qualified railroad 4,000 8,000

employees to provide on-track safety.......

(d)(1) Failure to maintain records of 2,000 4,000

(1) Failure to maintain records of 2,000 4,000

qualifications.............................

(2) Incomplete records of qualifications.. 1,000 3,000

(3) Failure to provide records of 2,000 4,000

qualifications to FRA....................214.345 Training for all roadway workers214.347 Training and qualification for lone

workers214.349 Training and qualification of watchmen/

lookouts214.351 Training and qualification of flagmen214.353 Training and qualification of roadway

workers who provide on-track safety for

roadway work groups214.355 Training and qualification in on-track

safety for operators of roadway maintenance

machines

Subpart D--On-Track Roadway Maintenance

Machines and Hi-Rail Vehicles214.503 Good-faith challenges; procedures for

notification and resolution:

(a) Failure of employee to notify employer ........... 4,000

that the machine or vehicle does not

comply with this subpart or has a

condition inhibiting safe operation......

(b) Roadway worker required to operate 5,000 10,000

machine or vehicle when good-faith

challenge not resolved...................

(c) Failure of employer to have or follow 5,000 10,000

written procedures to resolve good-faith

challenges...............................214.505 Required environmental control and

protection systems for new on-track roadway

maintenance machines with enclosed cabs:

(a) Failure to equip new machines with 5,000 10,000

required systems.........................

(b) Failure of new or existing machines to 5,000 10,000

protect employees from exposure to air

contaminants.............................

(c) Failure of employer to maintain 2,000 4,000

required list of machines or make list

available................................

(d) Removal of ``designated machine'' from 2,000 4,000

list before retired or sold..............

(e) Personal respiratory protective 5,000 10,000

equipment not provided when ventilation

system fails.............................

(f) Personal respiratory protective 5,000 10,000

equipment fails to meet required

standards................................

(g) Other new machines with enclosed cabs 5,000 10,000

not equipped with operable heating and

ventilation systems......................

(h) Non-enclosed station not equipped with 5,000 10,000

covering, where feasible.................214.507 Required safety equipment for new on-

track roadway maintenance machines:

(a)(1)-(5) Failure to equip new machine or 5,000 10,000

(1)-(5) Failure to equip new machine or 5,000 10,000

provide protection as specified in these

paragraphs...............................

(a)(6)-(7) Failure to equip new machine 2,500 5,000

(6)-(7) Failure to equip new machine 2,500 5,000

with first-aid kit or operative and

charged fire extinguisher................

(b) Position for operator to stand not 5,000 10,000

properly equipped to provide safe and

secure position..........................

(c) New machine not equipped with accurate 2,500 5,000

speed indicator, as required.............

(d) As-built light weight not 2,500 5,000

conspicuously displayed on new machine...214.509 Required visual illumination and 2,500 5,000

reflective devices for new on-track roadway

maintenance machines.........................214.511 Required audible warning devices for 5,000 10,000

new on-track roadway maintenance machines....214.513 Retrofitting of existing on-track

roadway maintenance machines; general:

(a) Failure to provide safe and secure 5,000 10,000

position and protection from moving parts

2,000 4,000 inside cab for each roadway

worker transported on machine............

(b) Horn or other audible warning device 2,500 5,000

is missing, inoperable, or has non-

compliant triggering mechanism...........

(c) Illumination device or portable light 2,500 5,000

missing, inoperable, improperly secured,

or incapable of illuminating track as

required.................................214.515 Overhead covers for existing on-track

roadway maintenance machines:

(a) Failure to repair, reinstall, or 5,000 10,000

maintain overhead cover as required......

(b) Failure to provide written response to 2,000 4,000

operator's request within 60 days........214.517 Retrofitting of existing on-track

roadway maintenance machines manufactured on

or after January 1, 1991:

(a) Failure to equip machine with change- 5,000 10,000

of-direction alarm or rearward viewing

device...................................

(b) Failure to equip machine with 5,000 10,000

operative heater.........................

(c) Failure to display light weight of 2,500 5,000

machine as required......................

(d) Failure to equip machine with 5,000 10,000

reflective material, reflective device,

or operable brake lights.................

(e) Failure to install or replace safety 5,000 10,000

glass as required........................

(f) Failure to equip machine with 5,000 10,000

turntable restraint device or warning

light as required........................214.518 Safe and secure position for riders... 5,000 10,000214.519 Floors, decks, stairs, and ladders for 5,000 10,000

on-track roadway maintenance machines........

214.521 Flagging equipment for on-track 2,500 5,000

roadway maintenance machines and hi-rail

vehicles.....................................214.523 Hi-rail vehicles:

(a) Failure to inspect hi-rail gear 5,000 10,000

annually.................................

(b) Failure to maintain inspection record 2,000 4,000

or make record available to FRA..........

(c) Failure to equip new hi-rail vehicle 2,500 5,000

with alarm and light or beacon as

required.................................

(d)(2) Failure of operator to tag, date or 2,000 4,000

(2) Failure of operator to tag, date or 2,000 4,000

report non-complying condition...........

(d)(3) Failure to repair or replace non- 2,500 5,000

(3) Failure to repair or replace non- 2,500 5,000

complying alarms, lights or beacons as

required.................................214.525 Towing with on-track roadway 5,000 10,000

maintenance machines or hi-rail vehicles.....214.527 On-track roadway maintenance machines;

inspection for compliance and schedule for

repairs:

(a) Failure of operator to check on-track 2,000 4,000

roadway maintenance machine for

compliance...............................

(b) Failure of oeprator to tag, date, or 2,000 4,000

report noncomplying condition............

(c)(1)-(4) Failure to meet requirements 2,500 5,000

(1)-(4) Failure to meet requirements 2,500 5,000

for operating on-track roadway

maintenance machine with non-complying

headlights, work lights, horn, fire

extinguisher, alarm, warning light, or

beacon...................................

(c)(5) Failure to repair or replace 5,000 10,000

(5) Failure to repair or replace 5,000 10,000

defective or missing operator's seat

within required time period..............214.529 In-service failure of primary braking 5,000 10,000

system.......................................214.531 Schedule of repairs; general.......... 2,500 5,000214.533 Schedule of repairs subject to

availability of parts:

(a)-(c) Failure to order necessary 2,500 5,000

part(s), make repair(s), or remove on-

track roadway maintenance machine or hi-

rail vehicle from service as required....

(d) Failure to maintain record or make 2,000 4,000

record available to FRA..................------------------------------------------------------------------------\1\ A penalty may be assessed against an individual only for a willful

violation. The Administrator reserves the right to assess a penalty of

up to $105,000 for any violation where circumstances warrant. See 49

CFR part 209, appendix A. Failure to observe any condition(s) of an

exception set forth in paragraph (e) of Sec. 214.336 deprives the

railroad or contractor of the benefit of the exception and makes the

railroad or contractor, and any responsible individuals, liable for

penalty under the particular regulatory provision(s) from which the

exception would otherwise have granted relief.\2\ The penalty schedule uses section numbers from 49 CFR part 214. If

more than one item is listed as a type of violation of a given

section, each item is also designated by a ``penalty code,'' which is

used to facilitate assessment of civil penalties, and which may or may

not correspond to any subsection designation(s). For convenience,

penalty citations will cite the CFR section and the penalty code, if

any. FRA reserves the right, should litigation become necessary, to

substitute in its complaint the CFR citation in place of the combined

CFR and penalty code citation, should they differ. [57 FR 28127, June 24, 1992, as amended at 61 FR 65981, Dec. 16, 1996; 63 FR 11620, Mar. 10, 1998; 68 FR 44412, July 28, 2003; 69 FR 8839, Feb. 26, 2004; 69 FR 30593, May 28, 2004; 73 FR 79701, Dec. 30, 2008; 77 FR 24419, Apr. 24, 2012; 76 FR 74615, Nov. 30, 2011; 79 FR 1770, Jan. 10, 2014]