Washington — The Federal Railroad Administration says new amendments to its regulation on training, qualification and oversight for safety-related railroad employees provide clarification of existing requirements, codify agency guidance and remove “obsolete” provisions.
FRA issued a final rule on May 15 in response to petitions for rulemaking.
Among the guidance being codified:
- Employers aren’t required to train nonrailroad employees who perform elective audits or assessments not required by federal laws, regulations or orders.
- The training regulation doesn’t apply when required training is “obtained through a college degree or certification from an accrediting training organization or learning institution.”
Another key provision of the rule revises the definitions of “designated instructor” (who isn’t required to be an employee of the employer) and “refresher training,” and adds a new definition for the term “training organizations or learning institutions” to clarify the types of businesses that provide employee training.
The agency estimates the rule, set to go into effect July 14, will provide cost savings of $1.1 million based on a one-year relief period to small entities for annual refresher training requirements.
In other FRA-related news, the agency is seeking to rescind provisions of a 2024 final rule that established signal employee certification requirements (49 CFR Part 246) and certification of dispatchers (Part 245), which were included in the Rail Safety Improvement Act of 2008.
According to a notice of proposed rulemaking also published on May 15, the rule originally required the transportation secretary to submit to Congress a report addressing whether certification of “certain crafts or classes” of railroad employees or contractors – including signal repair and maintenance workers – were necessary to “reduce the number and rate of accidents and incidents or to improve railroad safety.”
Part 245 previously required railroads to develop written programs for certifying dispatchers and submit them to FRA, along with having formal processes for training and verifying dispatchers’ knowledge, skills, safety record and abilities to perform the job duties.
In a press release, the American Train Dispatchers Association expresses concern over the proposed revocation.
“Train dispatchers are among the most safety-critical employees in the railroad industry,” ATDA National President Ed Dowell said. “Revoking dispatcher certification sends exactly the wrong message to the industry and the public. … Federal oversight should be strengthened, not dismantled.”
