49 CFR Part 671 — Rail Transit Roadway Worker Protection

PART 671—RAIL TRANSIT ROADWAY WORKER PROTECTION Authority: 49 U.S.C. 5329, 49 CFR 1.91. Source: 89 FR 87220, Oct. 31, 2024, unless otherwise noted. Subpart A—General § 671.1 Purpose and Applicability. (a) The purpose of this part is to set forth the applicability of the rail transit Roadway Worker Protection (RWP) regulation. (b) This part applies to rail transit agencies (RTA) that receive Federal financial assistance authorized under 49 U.S.C. chapter 53; and to State Safety Oversight Agencies (SSOA) that oversee the safety of rail fixed guideway public transportation systems. This part does not apply to rail systems that are subject to the safety oversight of the Federal Railroad Administration (FRA). (c) This part applies to transit workers who access any rail fixed guideway public transportation systems in the performance of work. (d) An RTA must coordinate with an SSOA to establish an SSOA-approved RWP program that meets the requirements of this part, within one calendar year from the effective date of this rule. § 671.3 Policy. (a) This part establishes minimum safety standards for rail transit Roadway Worker Protection (RWP) to ensure the safe operation of public transportation systems and to prevent safety events, fatalities, and injuries to transit workers who may access the roadway in the performance of work. Each RTA and SSOA may prescribe additional or more stringent operating rules, safety rules, and other special instructions that are consistent with this part. (b) The Federal Transit Administration (FTA) has adopted the principles and methods of Safety Management Systems (SMS) as the basis for enhancing the safety of public transportation in the United States. Activities conducted to carry out these RWP safety standards must be integrated into the RTA's SMS, including the Safety Risk Management (SRM) process, specified in § 673.25 of this chapter, and the Safety Assurance process, specified in § 673.27 of this chapter. § 671.5 Definitions. As used in this part: Accountable Executive Ample time Equivalent entity Equivalent protection Flag person Foul time protection Fouling a track Individual rail transit vehicle detection Job safety briefing Lone worker Maximum authorized speed Minor tasks Near-miss On-track safety Place of safety Qualified Rail fixed guideway public transportation system Rail transit agency (RTA) Rail transit vehicle Rail transit vehicle approach warning Redundant protection Roadway Roadway maintenance machine Roadway worker Roadway work group Roadway worker in charge Roadway Worker Protection (RWP) RWP manual Safety event Sight distance State Safety Oversight Agency (SSOA) Track access guide Track zone Transit worker Transit Worker Safety Reporting Program Watchperson Working limits Work zone Subpart B—Roadway Worker Protection (RWP) Program and Manual § 671.11 RWP program. (a) Each RTA must adopt and implement an approved RWP program to improve transit worker safety that is consistent with Federal and State safety requirements and meets the minimum requirements of this part. (b) The RWP program must include: (1) An RWP manual as described in § 671.13; and (2) All of the RWP program elements described in Subpart D of this part. (c) Each RTA must submit its RWP manual and subsequent updates to its SSOA for review and approval as described in § 671.25. § 671.13 RWP manual. (a) Each RTA must establish and maintain a separate, dedicated manual documenting its RWP program. (b) The RWP manual must include the terminology, abbreviations, and acronyms used to describe the RWP program activities and requirements. (c) The RWP manual must document: (1) All elements of the RWP program in Subpart D of this part. (2) A definition of RTA and transit worker responsibilities as described in Subpart C—Responsibilities. (3) Training, qualification, and supervision required for transit workers to access the track zone, by labor category or type of work performed. (4) Processes and procedures, including any use of roadway workers to provide adequate on-track safety, for all transit workers who may access the track zone in the performance of their work, including safety and oversight personnel. Procedures for SSOA personnel to access the roadway must conform with the SSOA's risk-based inspection program. (d) The RWP manual must include or incorporate by reference a track access guide to support on-track safety. The track access guide must be based on a physical survey of the track geometry and condition of the transit system and include, at a minimum: (1) Locations with limited, close, or no clearance, including locations (such as alcoves, recessed spaces, or other designated places or areas of refuge or safety) with size or access limitations. (2) Locations subject to increased rail vehicle or on-track equipment braking requirements or reduced rail transit vehicle operator visibility due to precipitation or other weather conditions. (3) Curves with no or limited visibility. (4) Locations with limited or no visibility due to obstructions or topography. (5) All portals with restricted views. (6) Locations with heavy outside noise or other environmental conditions that impact on-track safety. (7) Any other locations with access considerations. (e) Following initial approval of the RWP manual by its SSOA, not less than every two years, the RTA must review and update its RWP manual to reflect current conditions and lessons learned in implementing the RWP program and information provided by the SSOA and FTA. (f) The RTA must update its RWP manual and track access guide as necessary and as soon as practicable upon any change to the system that conflicts with any element of either document. (g) The RWP manual must be distributed to all transit workers who access the roadway and redistributed after each revision. Subpart C—Responsibilities § 671.21 Rail transit agency. (a) In General. (1) Provide ample time and determine the appropriate sight distance based on maximum authorized track speeds. (2) Ensure that individual rail transit vehicle detection is never used as the only form of protection in the track zone. (3) Provide job safety briefings to all transit workers who must enter a track zone to perform work. (4) Provide job safety briefings to all transit workers whenever a rule violation is observed. (5) Provide transit workers with the right to challenge and refuse in good faith any assignment based on on-track safety concerns and resolve such challenges and refusals promptly and equitably. (6) Require the reporting of unsafe acts, unsafe conditions, and near-misses on the roadway as part of the Transit Worker Safety Reporting Program and described in § 673.23(b) of this chapter. (7) Ensure all transit workers who must enter a track zone to perform work understand, are qualified in, and comply with the RWP program. (8) Provide an escort, as needed, to support individuals that are not RWP certified and do not fall into the categories of roadway worker, transit worker, or emergency personnel if they must enter a track zone. (b) Equipment and protections. (1) Equipment that transit workers must have to access the roadway or a track zone by labor category, including personal protective equipment such as high-reflection vests, safety shoes, and hard hats. (2) Credentials ( e.g., (3) Protections for emergency response personnel who must access the roadway or the track zone. (4) Protections for multiple roadway work groups within a common work area in a track zone. § 671.23 Transit worker. (a) RWP program. (b) Fouling the track. (c) Acknowledgement of protections providing on-track safety. (d) Refusal to foul the track. (e) Reporting. § 671.25 State safety oversight agency. (a) Review and approve RWP program elements. (1) The SSOA must coordinate with the RTA on the initial review and approval of the RWP program elements so that the RWP program is established and approved within one calendar year from December 2, 2024, and (2) The SSOA must submit the current approved RWP program for each RTA in its jurisdiction to FTA annually with the annual report required by 49 CFR 674.39. (b) RWP program oversight. (c) Annual RWP program audit. (2) The SSOA must issue a report with any findings and recommendations arising from the audit, which must include, at minimum: (i) An analysis of the effectiveness of the RWP program, including, at a minimum, a review of: (A) All RWP-related events over the period covered by the audit; (B) All RWP-related reports made to the Transit Worker Safety Reporting Program over the period covered by the audit; (C) All documentation of instances where a transit worker(s) challenged and refused in good faith any assignment based on on-track safety concerns and documentation of the resolution for any such instance during the period covered by the audit; (D) An assessment of the adequacy of the track access guide, including whether the guide reflects current track geometry and conditions; (E) A review of training and qualification records for transit workers who must enter a track zone to perform work; (F) A representative sample of written job safety briefing confirmations as described in § 671.33; and (G) The compliance monitoring program described in § 671.43. (ii) Recommendations for improvements, if necessary or appropriate. (iii) Corrective action plan(s), if necessary or appropriate, must be developed and executed consistent with requirements established in part 674. (3) The RTA must be given an opportunity to comment on any findings and recommendations. [89 FR 87220, Oct. 31, 2024, as amended at 91 FR 33656, June 4, 2026] Subpart D—Required RWP Program Elements § 671.31 Roadway worker in charge requirements. (a) On-track safety and supervision. (1) The roadway worker in charge must be qualified under the RTA's training and qualification program as specified in § 671.41. (2) The roadway worker in charge may be designated generally or may be designated specifically for a particular work situation. (3) The roadway worker in charge is responsible for the on-track safety for all members of the roadway work group. (4) The roadway worker in charge must serve only the function of maintaining on-track safety for all members of the roadway work group and perform no other unrelated job function while designated for duty. (5) For multiple roadway work groups within common working limits, the RTA may designate a single roadway worker in charge for the entire working limit. If a single roadway worker in charge is designated over multiple roadway work groups within a working limit, each work group must be accompanied by an employee qualified to the level of a roadway worker in charge, as specified in § 671.41, who shall be responsible for direct communication with the roadway worker in charge. (b) Communication. (1) The roadway worker in charge must provide a job safety briefing to all members of the roadway work group before any on-track safety procedures change during the work period, whenever on-track safety conditions change, or immediately following an observed violation of on-track safety procedures, before work in the track zone may continue. (2) In the event of an emergency, the roadway worker in charge must warn each roadway worker to immediately leave the roadway and not return until on-track safety is re-established, and a job safety briefing is completed. § 671.33 Job safety briefing policies. (a) General. (b) Elements. (1) A discussion of the nature of the work to be performed and the characteristics of the work, including work plans for multiple roadway worker groups within a single work area; (2) Working limits; (3) The hazards involved in performing the work. For RTAs with electrified systems, this discussion must include the status of power and hazards explicitly related to the electrified system; (4) Information on how on-track safety is to be provided for each track identified to be fouled; identification and location of key personnel, such as a watchperson and the roadway worker in charge; and information on what should be done in the event of an emergency; (5) Instructions for each on-track safety procedure to be followed, including appropriate flags and proper flag placement; (6) Communication roles and responsibilities for all transit workers involved in the work; (7) Safety information about any adjacent track, defined as track next to or adjoining the track zone where on-track safety has been established, and identification of roadway maintenance machines or on-track equipment that will foul such tracks; (8) Information on the accessibility of the roadway worker in charge, including emergency contact information, and alternative procedures in the event the roadway worker in charge is no longer accessible to members of the roadway work group; (9) Required personal protective equipment; (10) Designated place(s) of safety of a sufficient size to accommodate all roadway workers within the work area; and (11) The means for determining ample time. (c) Confirmation and written acknowledgement. (1) The roadway worker in charge confirms that each roadway worker understands the on-track safety procedures and instructions; (2) Each roadway worker acknowledges in writing the briefing and the requirement to use the required personal protective equipment; and (3) The roadway worker in charge confirms in writing that they have received written acknowledgement of the briefing from each worker. (d) Follow-up briefings. § 671.35 Lone worker. (a) On-track safety and supervision. (1) The lone worker must be qualified as a roadway worker in charge and lone worker under the RTA's training and qualification program as specified in § 671.41. (2) The lone worker may perform routine inspection or minor tasks and move from one location to another. The lone worker may not use power tools and may only access locations have defined in the track access guide as appropriate for lone workers, i.e., (3) The lone worker may not use individual rail transit vehicle detection, where the lone worker is solely responsible for seeing approaching trains and clearing the track before the trains arrive, as the only form of on-track safety. (b) Communication. § 671.37 Good faith safety challenge. (a) Written procedure. (b) Prompt and equitable resolution. (c) Requirements. § 671.39 Risk-based redundant protections. (a) General requirements. (2) Each RTA must establish redundant protections to ensure on-track safety for multiple roadway work groups within a common work area. (b) Safety risk assessment to determine redundant protections. (1) The safety risk assessment must be consistent with the RTA's Agency Safety Plan (ASP) and the SSOA's program standard. (2) The safety risk assessment may be supplemented by engineering assessments, inputs from the safety assurance process established under § 673.27 of this chapter, the results of safety event investigations, and other SRM strategies or approaches. (3) The RTA must review and update the safety risk assessment at least every two years to include current conditions and lessons learned from safety events, actions taken to address reports of unsafe acts and conditions, and near-misses, and results from compliance monitoring regarding the effectiveness of the redundant protections. (4) The SSOA may also identify and require the RTA to implement alternate redundant protections based on the RTA's unique operating characteristics and capabilities. (c) Categories of work requiring redundant protections. (1) Roadway workers moving from one track zone location to another; (2) Roadway workers performing minor tasks; (3) Roadway workers conducting visual inspections; (4) Roadway workers using hand tools, machines, or equipment in conducting testing of track system components or non-visual inspections; (5) Roadway workers using hand tools, machines, or equipment in performing maintenance, construction, or repairs; and/or (6) Lone workers accessing the roadway or track zone or performing visual inspections or minor tasks. (d) Types of redundant protections. (i) Procedural protections alert rail transit vehicle operators to the presence of roadway workers and use radio communications, personnel, signage, or other means to direct rail transit vehicle movement. (ii) Physical protections physically control the movement of rail transit vehicles into or through a work zone. (2) Redundant protections may include but are not limited to: (i) Approaches consistent with the FRA rules governing redundant protections; (ii) Rail transit vehicle approach warning; (iii) Foul time; (iv) Exclusive track occupancy, defined as a method of establishing working limits, as part of on-track safety, in which movement authority of rail transit vehicles and other equipment is withheld by the control center or restricted by flag persons and provided by a roadway worker in charge; (v) Warning signs, flags, or lights; (vi) Flag persons; (vii) Lock outs from the rail transit vehicle control systems or lining and locking track switches or otherwise physically preventing entry and movement of rail transit vehicles; (viii) Secondary warning devices and alert systems; (ix) Shunt devices and portable trip stops to reduce the likelihood of rail transit vehicles from entering work zone with workers; (x) Restricting work to times when propulsion power is down with verification that track is out of service, and when barriers are placed that physically prevent rail transit vehicles, including on-track equipment, from entering the work zone; (xi) Use of walkways in tunnels and on elevated structures to reduce roadway worker time in the track zone; and (xii) Speed restrictions. (3) Redundant protections for lone workers must include, at a minimum, foul time or an equivalent protection approved by the SSOA. § 671.41 RWP training and qualification program. (a) General. (1) The RWP training program must address all transit workers responsible for on-track safety, by position, including roadway workers, operations control center personnel, rail transit vehicle operators, operators of on-track equipment and roadway maintenance machines, and any others with a role in providing on-track safety or fouling a track for the performance of work. (2) The RWP training program must be completed for the relevant position before an RTA may assign a transit worker to perform the duties of a roadway worker, to oversee or supervise access to the track zone from the operations control center, or to operate vehicles, on-track equipment, and roadway maintenance machines on the rail transit system. (3) The RWP training program must address RWP hazard recognition and mitigation, and lessons learned through the results of compliance testing, near-miss reports, reports of unsafe acts or conditions, and feedback received on the training program. (4) The RWP training program must include initial and refresher training, by position. Refresher training must occur every two years at a minimum. (5) The RTA must review and update its RWP training program not less than every two years, to reflect lessons learned in implementing the RWP program and information provided by the SSOA and FTA. The RTA must provide an opportunity for roadway worker involvement in the RWP training program review and update process. (b) Required elements. (1) Initial training must include experience in a representative field setting. (2) Initial and refresher training must include demonstrations and assessments to ensure the ability to comply with RWP instructions given by transit workers performing, or responsible for, on-track safety and RWP functions. (c) Minimum contents for RWP training. (1) How to interpret and use the RTA's RWP manual; (2) How to challenge and refuse assignments in good faith; (3) How to report unsafe acts, unsafe conditions, and near-misses after they occur, and the mandatory duty to make such reports; (4) Recognition of the track zone and understanding of the space around tracks within which on-track safety is required, including use of the track access guide; (5) The functions and responsibilities of all transit workers involved in on-track safety, by position; (6) Proper compliance with on-track safety instructions given by transit workers performing or responsible for on-track safety functions; (7) Signals and directions given by watchpersons, and the proper procedures upon receiving a rail transit vehicle approach warning from a watchperson; (8) The hazards associated with working on or near rail transit tracks to include traction power, if applicable; (9) Rules and procedures for redundant protections identified under § 671.39 and how they are applied to RWP; and (10) Requirements for safely crossing rail transit tracks in yards and on the mainline. (d) Specialized training and qualification for transit workers with additional responsibilities for on-track safety. (1) This training must cover the content and application of the additional RWP program requirements carried out by these positions and must address the relevant physical characteristics of the RTA's system where on-track safety may be established. (2) This training must include demonstrations and assessments to confirm the transit worker's ability to perform these additional responsibilities. (3) Refresher training on additional responsibilities for on-track safety, by position, must occur every two years at a minimum. (e) Competency and qualification of training personnel. (1) A trainer's experience and knowledge of effective training techniques in the chosen learning environment; (2) A trainer's experience with the RTA RWP program; (3) A trainer's knowledge of the RTA RWP rules, operations, and operating environment, including applicable operating rules; and (4) A trainer's knowledge of the training requirements specified in this part. [89 FR 87220, Oct. 31, 2024, as amended at 91 FR 33656, June 4, 2026] § 671.43 RWP compliance monitoring program. (a) General. (b) Required elements. (1) The RTA must provide quarterly reports to the SSOA documenting the RTA's compliance with and sufficiency of the RWP program. (2) The RTA must provide an annual briefing to the Accountable Executive and the Board of Directors, or equivalent entity, regarding the performance of the RWP program and any identified deficiencies requiring corrective action. Subpart E—Recordkeeping § 671.51 Recordkeeping. (a) Each RTA must maintain the documents that set forth its RWP program; documents related to the implementation of the RWP program; and results from the procedures, processes, assessments, training, and activities specified in this part for the RWP program. (b) Each RTA must maintain records of its compliance with this requirement, including records of transit worker RWP training and refresher training, for a minimum of three years after they are created. (c) These documents must be made available upon request by the FTA or other Federal entity, or an SSOA having jurisdiction.

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