Does FRA require roadway workers to wear reflective vests or other high-visibility type of clothing? 
Section 214.339 requires audible warning from locomotives before trains approach roadway workers on or about the track. This requirement necessitates railroad rules regarding notification to trains that roadway workers are on or about the track. This notification can take the form of portable whistle posts, train movement authorities, or highly visible clothing (e.g., safety vests and high-visibility hard hats) to identify roadway workers and increase their visibility. 

How does a person receive RWP certification? 
FRA does not have a “certification” process for roadway workers but does prescribe minimum training and qualification requirements. Section 214.343 (Training and qualification general) requires each employer to provide all roadway workers in its employ initial or recurrent training once every calendar year on the on-track safety rules and procedures that they are required to follow. Additional training and qualification requirements are in the following sections:

• Section 214.347 - Training and qualification for lone workers.
• Section 214.349 - Training and qualification of watchmen/lookouts.
• Section 214.351 - Training and qualification of flagmen.
• Section 214.353 - Training and qualification of roadway workers who provide on-track safety for roadway work groups.
• Section 214.355 - Training and qualification in on-track safety for operators of roadway maintenance machines.
• Section 214.357 – Training and qualification in on-track safety for operators of roadway maintenance machines equipped with a crane.

Does the RWP regulation apply to tourist railroads? 
The RWP regulation applies to all railroads and contractors to railroads in the general system of railroad transportation, including commuter rail operations. This means that tourist and excursion railroads that are not part of the general system of railroad transportation are not subject to these rules. 

What type of contractor employees must comply with the RWP regulation? 
Employees of contractors to railroads are included in the definition if they perform roadway worker duties on or near the track. They must be provided on-track safety in the same manner as employees of the railroad. The responsibility for on-track safety of employees follows the employment relationship. Contractors are responsible for the on-track safety of their employees and any required training for their employees. FRA expects that railroads will require their contractors to adopt the on-track safety rules of the railroad upon which the contractor is working. Where contractors require specialized on-track safety rules for particular types of work, those rules must, of course, be compatible with the rules of the railroad upon which the work is being performed. 

How are contractors expected to comply with the RWP regulation? 
Contractors to railroads are expected to comply with this rule in the same manner as their host railroads. In most instances, contractors should not devise their own programs, but would be expected to comply with programs established by the railroads on which they are working. Contractors are responsible for ensuring that their employees received the appropriate training and that their employees complied with the appropriate railroad’s program, but would not necessarily need their own FRA-approved program. The RWP regulation applies to all railroads and contractors to railroads in the general system of railroad transportation, including commuter rail operations (Appendix A, 49 CFR Part 209). 

Are railroads or contractors responsible to ensure that third-party employees are trained in on-track safety? 
Section 214.311 of the RWP regulation places responsibility with all employers (whether they are railroads or contractors) to see that employees are trained and supervised to work with the on-track safety rules in effect at the work site. The actual training and supervision of contractor employees might be undertaken by the operating railroad, but the responsibility to see that it is done rests with the employer. This section applies to all employers of roadway workers. Employers may be railroads, contractors to railroads, or railroads whose employees are working on other railroads. Although railroads, rather than contractors, implement most on-track safety programs, both are employers and, as such, each is responsible to its employees to provide them with the means of achieving on-track safety. 

What are the definitions of employee and employer under the RWP?
Section 214.7 – “Employee means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to perform any of the duties defined in this part.” “Employer means a railroad, or a contractor to a railroad, that directly engages or compensates individuals to perform any of the duties defined in this part.” 

Do employers such as cable installers need to comply with the RWP regulation? 
The RWP regulation does not include employers, or their employees, if they are not engaged by or under contract to a railroad. Personnel who might work near railroad tracks on projects for others, such as cable installation for a telephone company or bridge construction for a highway agency, come under the jurisdiction of other federal agencies with regard to occupational safety dealing with protection from moving trains and other on-track equipment. However, FRA encourages those employers to adopt the same on-track safety principles to protect such persons from these dangers. See Roadway Worker Protection Final Rule (49 CFR 214), page 65966.

What are the requirements for annual hi-rail vehicle inspections?
Section 214.523 – “(a) The hi-rail gear of all hi-rail vehicles shall be inspected for safety at least annually and with no more than 14 months between inspections. Tram, wheel wear, and gage shall be measured and, if necessary, adjusted to allow the vehicle to be safely operated.

“(b) Each employer shall keep records pertaining to compliance with paragraph (a) of this section. Records may be kept on forms provided by the employer or by electronic means. The employer shall retain the record of each inspection until the next required inspection is performed. 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 hi-rail vehicle or at a location designated by the employer.”