(a) The training and qualification of each roadway worker in charge, or any other employee acting as a roadway worker in charge (e.g., a conductor or a brakeman), who provides for the on-track safety of roadway workers through establishment of working limits or the assignment and supervision of watchmen/lookouts or flagmen shall include, at a minimum:
- (1) All the on-track safety training and qualification required of the roadway workers to be supervised and protected, including the railroad's procedures governing good faith challenges in §§ 214.311(b) and (c) and 214.313(d).
- (2) The content and application of the operating rules of the railroad pertaining to the establishment of working limits.
- (3) The content and application of the rules of the railroad pertaining to the establishment or train approach warning.
- (4) The relevant physical characteristics of the territory of the railroad upon which the roadway worker is qualified.
- (5) The procedures required to ensure that the roadway worker in charge of the on-track safety of group(s) of roadway workers remains immediately accessible and available to all roadway workers being protected under the working limits or other provisions of on-track safety established by the roadway worker in charge.
- (b) Initial and periodic (as specified by § 243.201 of this chapter) qualification of a roadway worker in charge shall be evidenced by demonstrated proficiency.
[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016]