Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection



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Introduction


The rail transit industry has taken steps to improve its wayside worker safety protection programs. However, recent investigations conducted by the National Transportation Safety Board (NTSB) have cited the failure to perform Job Safety Briefings as a primary or contributing cause in several fatal accidents. Additionally, for agencies under the jurisdiction of the Federal Railroad Administration (FRA), job safety briefings are required by the Roadway Worker Protection (RWP) rule at 49 CFR Part 214.315(a). Agencies and/or individuals that do not conduct a job safety briefing or that conduct an incomplete briefing may be fined $2,000 to $10,000 by FRA for each occurrence.

A job safety briefing provides information on the protections in place to ensure that workers may perform duties on or near the right-of-way with the maximum assurance of safety. Job safety briefings also clearly identify the work to be performed, explain the hazards within and near the work area, and ensure that workers inspect all tools and equipment prior to entry into the work area. Job safety briefings offer a simple and effective way to help mitigate the hazards that lead to worker accidents.

The sections below provide an overview regarding the key personnel involved in leading a job safety briefing, the key activities to be performed, and the most important information to be conveyed. These sections reflect guidance from the American Public Transportation Association (APTA), several individual rail transit agencies, including the Washington Metropolitan Area Transit Authority (WMATA), New York City Transit (NYCT), the Maryland Transit Administration (MTA), and the Southeastern Pennsylvania Transportation Authority (SEPTA), and the Federal Railroad Administration. A list of additional resources can be found at the end of this document.

Employee in Charge (EIC)


On-track safety programs vary throughout the rail transit industry. A central requirement in almost every program, however, is the designation of an individual trained and qualified in the rail transit agency’s on-track safety and operating rules to assume the responsibility for providing on-track protection to work crews and lone workers.

The rail transit industry uses different terms for this person, ranging from Employee in Charge (EIC) to Roadway Worker in Charge (RWIC) to the more generic Qualified Protection Employee (QPE) used in the APTA rail transit standard on Roadway Worker Protection.

This document will use the acronym EIC to refer to this employee in charge who provides the protection necessary for the work crew’s on-track safety.

The EIC designation must be clearly understood by all group members in order to be effective. The EIC may generally be designated to be responsible for his or her group, but if two groups are working together or wayside workers of different crafts are assisting one another, it is imperative that this formal designation be communicated to and understood by all affected employees.

The EIC responsibilities should include:


  • Communication with the Rail Control Center

  • Communication with the Wayside Crew

  • Primary contact for track access

  • On-Track Safety compliance

  • Job Safety Briefing(s)

  • Watchman or supervision of the watchman(s)

  • General site safety responsibility

Awareness will be enhanced and confusion minimized by requiring the rail transit agency to formally designate a responsible person.

When to Conduct Job Safety Briefings


Job Safety Briefings should be conducted:

  • When work begins

  • When work changes

  • When work becomes confusing

  • When a rule violation is observed

When Work Begins


Prior to any work starting on the track, the EIC explains to crew when the work will begin and when work will be stopped. The EIC explains how he will notify the crew to stop work (air-horn, signal, etc.) and how the track should be cleared for oncoming trains (location to stage, equipment removal, etc.). The expected frequency (headways), type (e.g., out of service trains, Hi-rails), and speed of trains should also be explained. Above all, the EIC should clarify that anytime is train time!

When work changes


As critical elements discussed in the previous briefing change, all workers of the group are reassembled for an additional briefing and notified of the change.

Changes of work may include:



  • Track allocation changes

  • Change in train frequency or track occupancy

  • Change of work equipment or equipment failure

  • Addition or reduction of work staff

  • Change of the EIC

  • Work scope changes

  • Hazard awareness, such as weather changes

When work becomes confusing


When workers lack clear understanding of their work responsibilities and safety protection, the result is at a minimum reduced efficiency, and potentially a catastrophic occurrence. A number of events can lead to confusion and distraction on the right of way, including:

  • Change in work scope

  • Change in the responsibility or task of workers

  • New or unfamiliar personnel near the job site

  • Unexpected jobsite occurrences (e.g., a utility waterline break)

When a rule violation is observed


Rule violations should be immediately corrected in a constructive manner. The crew should be reassembled to discuss the observed violation and the proper manner in which work should be performed to avoid violating the rule. Common rule violations may include:


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