Roadway Worker Protection & Maintenance of Way Rules

April 16, 2018

Table of Contents

Definitions...... 3 100 ROADWAY WORKER PROTECTION ACT ...... 7 100.1 Purpose of the Roadway Protection Act ...... 7 100.2 Training...... 7 100.2.1 ALL ROADWAY WORKERS ...... 7 100.2.2 RULES QUALIFIED EMPLOYEES ...... 7 100.2.3 CONTRACTORS ...... 7 100.3 Job Briefings ...... 7 100.3.1 JOB BRIEFING FOR ROADWAY WORK GROUPS ...... 8 100.3.2 JOB BRIEFING FOR LONE WORKERS ...... 8 100.4 On-Track Safety Procedures ...... 9 100.4.1 EXCLUSIVE TRACK OCCUPANCY ...... 9 100.4.3 INACCESSIBLE TRACK ...... 10 100.4.3.1 RAILROAD EMPLOYEES OR CONTRACTORS WORKING WITHIN LOCOMOTIVE SERVICING AND CAR SHOP REPAIR TRACKS...... 11 100.4.4 INDIVIDUAL TRAIN DETECTION (ITD) ...... 12 100.4.5 TRAIN APPROACH WARNING (TAW)...... 13 100.4.6 TRAIN COORDINATION (APPLICABLE TO TRAINS HOLDING CLEARANCE AUTHORITY) ...... 15 100.4.7 WORK TRAIN OPERATIONS ...... 15 100.4.8 ADJACENT TRACK PROTECTION ON NON-CONTROLLED TRACK ...... 16 100.4.9 ADJACENT TRACK PROTECTION ON CONTROLLED TRACK ...... 16 100.4.9.1 OCCUPYING A TRACK WITH AN ADJACENT CONTROLLED TRACK(S)...... 16 100.4.9.2 PASSING OF TRAINS ON ADJACENT CONTROLLED TRACKS ...... 16 100.5 Audible Warning From Trains...... 17 100.6 Operating and Working Near Roadway Machines ...... 17 100.6.1 ON-TRACK EQUIPMENT OPERATOR TRAINING AND QUALIFICATIONS ...... 17 100.6.1.1 GENERAL TRAINING REQUIREMENTS ...... 17 100.6.1.2 MACHINE SPECIFIC TRAINING REQUIREMENTS ...... 18 100.6.1.3 QUALIFICATIONS ...... 18 100.6.2 WORKING WITH ON-TRACK EQUIPMENT ...... 18 100.6.2.1 WORK ZONES AROUND MACHINES ...... 18 100.6.2.2 SAFE WORKING DISTANCE BETWEEN MACHINES ...... 19 100.6.2.3 SAFE TRAVELING DISTANCE BETWEEN MACHINES ...... 19

100.6.2.4 STOPPING ON-TRACK EQUIPMENT ...... 19 100.6.2.5 TYING UP EQUIPMENT ...... 20 100.6.2.6 ON-TRACK ROADWAY MAINTENANCE MACHINES ENGAGED IN WEED SPRAYING OR SNOW REMOVAL ON NON-CONTROLLED TRACK ...... 20 100.7 Right to Challenge On-Track Safety ...... 21 100.7.1 RESPONSIBILITIES OF THE RAILROAD ...... 21 100.7.2 RESPONSIBILITIES OF THE ROADWAY WORKER ...... 21 100.7.3 RESOLVING CHALLENGES TO ON-TRACK SAFETY PROCEDURES ...... 21 100.8 On-Track Safety Program Documentation ...... 22 100.9 COMMUNICATION REQUIREMENTS FOR ROADWAY WORKERS ...... 23 ON-TRACK SAFETY GOOD FAITH CHALLENGE...... 24 Statement of On-Track Safety ...... 25 Maintenance of Way Rules ...... 26 MOW RULES GENERAL ...... 27 SPEEDS ...... 30 INTERLOCKINGS ...... 31 SWITCHES ...... 31 ROAD CROSSINGS ...... 32

DEFINITIONS

Adjacent Tracks Two or more tracks with track centers spaced less than 25 feet apart.

Controlled Tracks Track upon which the rules require that all movements of trains must be authorized by a train dispatcher or a control operator.

Control Operator A railroad employee in charge of a remotely controlled switch or derail, interlocking, control point or segment of controlled track.

Effective Securing Device When used in relation to a manually operated switch or derail, one that is: • Vandal resistant • Tamper resistant • Designed to be applied, secured, uniquely tagged and removed only by the class, craft or group of employees for whom protection is being provided. • May be referred to as a “Private Lock”

Employee An individual who is engaged or compensated by a railroad or by a contractor to perform any of the duties defined in this part.

Employee In Charge (EIC) A roadway worker who is qualified under § 214.353 to establish on-track safety for roadway work groups, and lone workers qualified under § 214.347 to establish on-track safety for themselves.

Employer A railroad, or a contractor to a railroad, that directly engages or compensates individuals to perform any of the duties defined in this part.

Exclusive Track Occupancy A method of establishing working limits on controlled track.

Flagman An employee designated to direct or restrict the movement of trains past a point on a track to provide On-Track Safety for roadway workers. The Flagman is engaged solely in performing that function.

Fouling a Track

Placement of an individual or a piece of equipment in such proximity to a track that the individual or equipment could be struck by a moving train or on-track equipment, or in any case is within 4 feet of the field side of the rail.

Inaccessible Track

Method of establishing working limits on non-controlled track by physically preventing entry and movement of trains and equipment.

Individual Train Detection (ITD)

Procedure by which a Lone Worker acquires On-Track Safety by seeing approaching trains and leaving the track before they arrive.

Lone Worker

An individual roadway worker who is not receiving On-track Safety by another roadway worker, who is not a member of a roadway work group and who is not engaged in a common task with another roadway worker.

Lookout/Watchman

An employee designated to provide warning to roadway workers of approaching trains or on-track equipment.

Non-Controlled Track

Track upon which trains are permitted by railroad rule or special instruction to move without receiving authorization from a train dispatcher or a control operator.

On-Track Safety (OTS)

A state of freedom from the danger of being struck by a moving train or other railroad equipment, provided by operating and safety rules that govern track occupancy by personnel, trains and on-track equipment.

Qualified Employee

An employee who has successfully completed all required training, demonstrated proficiency in and been authorized to perform duties of a particular position or function.

Roadway Machine

A machine used on or near the track for maintenance, repair, construction or inspection of track, bridges, roadway, signal and communications systems. Roadway Machines may be on-track, off-track or both. The machines include hi- rails, motor cars, Roadway Machines, work equipment and other forms of track cars. Referred to in other rules and special instructions as a Track Unit.

Roadway Work Group

Two or more roadway workers organized to work together on a common task.

Roadway Worker

Any employee of a railroad, or of a contractor to a railroad, whose duties include inspection, construction, maintenance or repair of railroad track, bridges, roadway, signal and communication systems, roadway facilities or roadway machines on or near the track or with the potential of fouling a track.

Train Approach Warning

A method of establishing On-Track Safety by warning roadway workers of the approach of trains in ample time to move to, or remain in, a place of safety in accordance with requirements of FRA Roadway Worker Protection Rules.

Train Coordination

A method of establishing working limits on track upon which a train holds exclusive authority to move whereby the crew of that train yields that authority to a roadway worker.

Working Limits

A segment of track with definite boundaries upon which trains, engines and roadway machines may move only as authorized by the roadway worker designated as the Employee In Charge.

Work Zone

The area around a roadway machine that must not be entered without first communicating with the operator to establish safe work procedure.

100 ROADWAY WORKER PROTECTION ACT

100.1 Purpose of the Roadway Protection Act

The purpose of these Rules is to define procedures to prevent roadway workers (both company and contractor employees) from being struck by railroad cars, locomotives, track units or other equipment while performing their duties.

100.2 Training

100.2.1 All Roadway Workers On-Track Safety training must be conducted annually for All Roadway Workers.

100.2.2 Rules Qualified Employees In addition to the training and qualification that all roadway workers receive, every roadway worker who is required to be Rules Qualified must also be trained and qualified annually as an Employee-In-Charge (EIC). Employees required to provide protection for themselves or others must be Rules Qualified.

100.2.3 Contractors Contractors and other non-railroad employees who perform work foul of any track must be trained in the On-Track Safety procedures. This training can occur at the work site in the form of a job briefing. Contractors or other non-railroad employees must not be allowed to foul a track unless:

• They have been properly trained in the On-Track Safety procedures.

and / or

• A railroad employee who is trained and qualified as a lookout, flagman or is present at the work site.

100.3 Job Briefings

A Job Briefing must be conducted prior to any roadway worker fouling any track. A Job Briefing is complete only when each roadway worker acknowledges understanding of the On- Track Safety procedures and instructions.

100.3.1 Job Briefing for Roadway Work Groups

The EIC must conduct a Job Briefing that includes all information related to On-Track Safety. This Job Briefing is given to every roadway worker who will foul the track. In addition to other safety issues, the minimum On-Track Safety information must include:

• Designated • Type of On-Track Safety provided • Track limits and time limits of track authority • Track(s) that may be fouled • On-Track Safety provided on adjacent tracks, if any • Procedure to arrange for On-Track Safety on other tracks, if necessary • Method of warning when On-Track Safety is provided by a lookout • Designated place of safety where workers clear for trains • Designated work zones around machines • Safe working/traveling distances between machines

The EIC must give a follow-up Job Briefing whenever:

• Working conditions or procedures change • Other workers enter the working limits • On-Track Safety is changed or extended or • The main track has been cleared and On-Track Safety or track authority is to be released

100.3.2 Job Briefing for Lone Workers

A Lone Worker must participate in an On-Track Safety Job Briefing with his supervisor

or other designated employee at the beginning of each tour of duty. This briefing must

include:

• Planned itinerary;

and

• On-Track Safety procedure to be used. • Completion of a Statement of On-Track Safety (Form SOTS-1).

Exception: When communication has failed, On-Track Safety Job Briefing must be conducted as soon as possible after communication is restored.

100.4 On-Track Safety Procedures

On-Track Safety can be provided for roadway workers by the following methods:

• Exclusive Track Occupancy

 Track Occupancy Permit  CROR 42  Track Removed From Service

• Inaccessible Track CROR 40.1 and 40.2 • Individual Train Detection (ITD) • Train Approach Warning (TAW) • Train Coordination • Flag Protection

The employee in charge of the roadway work group, or the Lone Worker, determines the type of On-Track Safety to be used. The type of On-Track Safety must comply with these provisions, as well as:

• Canadian Rail Operating Rules • Timetable • Operating Bulletins • Special Instructions

Note: Use the matrix from Rule 100.8.1 to determine the proper type of On-Track Safety to use in each operating territory.

100.4.1 Exclusive Track Occupancy

Exclusive Track Occupancy establishes working limits on controlled tracks. Controlled tracks consists of:

• Occupancy Control System (OCS) • Automatic Interlocking

Exclusive Track Occupancy can be established by the following two methods:

A. TOP in OCS Territory

B. Track Removed From Service

This method of Exclusive Track Occupancy will be used only in the event of an emergency such as a derailment, natural disaster or similar event. 9

To establish working limits by removing a track from service:

1. Ask the RTC to take the particular track out of service. The RTC then issues a GBO that removes the track from service.

2. Copy and repeat the information back to the RTC.

3. Place red flags to protect the working limits, except in Emergency Conditions.

4. When protection is no longer required, release the track back to the RTC.

NOTE: For All Exclusive Track Occupancy Movements of trains and roadway maintenance machines within working limits established through Exclusive Track Occupancy shall be made only under the direction of the Employee In Charge. Train movements shall be at restricted speed unless a higher speed has been specifically authorized by the Employee In Charge.

100.4.3 Inaccessible Track

Inaccessible Track is a method of establishing working limits on non-controlled tracks by making the track physically inaccessible to trains and on-track equipment.

Trains and roadway maintenance machines within working limits established by means of inaccessible track shall move only under the direction of the EIC and must move prepared to stop within one half the range of vision, short of men and equipment. No operable locomotives or other items of on-track equipment except those under the direction of the EIC may be located within these limits.

Non-controlled track consists of:

• Non-main track • Industrial leads • Main track within cautionary limits

Inaccessible Track can also be used to establish working limits on adjacent non-controlled tracks when it is necessary to foul adjacent tracks. The EIC or Lone Worker establishes working limits using Inaccessible Track with one of the following methods:

• Line a switch or derail to prevent access to the working limits. Tag the switch or derail and lock, spike, and/or clamp it securely. You must use a M/W or personal lock so train service employees cannot unlock it. Place a red flag at the location. • Place a flagman to hold all trains and equipment clear of the working limits.

• Place a portable derail(s) with red flag(s). Derails and red flags must be placed 150 feet in advance, if possible, from the working limits to prevent movement into the limits. • Working limits on controlled track that connects directly with the inaccessible track, established by the EIC of the working limits on the inaccessible track. • A locomotive with or without cars placed to prevent access to the working limits at one or more points of entry to the working limits, providing the following conditions are met: ➢ The EIC who is responsible for establishing working limits communicates with a member of the crew assigned to the locomotive and determines that: ➢ The locomotive is visible to the EIC that is establishing the working limits; and ➢ The locomotive is stopped. ➢ Further movements of the locomotive shall be made only as permitted by the EIC controlling the working limits. ➢ The crew of the locomotive shall not leave the locomotive unattended or go off duty unless communication occurs with the EIC and an alternate means of on- track safety protection has been established by the EIC, and ➢ Cars coupled to the locomotive on the same end and on the same track as the roadway workers shall be connected to the train line air brake system and such system shall be charged with compressed air to initiate an emergency brake application in case of unintended uncoupling. Cars coupled to the locomotive on the same track on the opposite end of the roadway workers shall have sufficient braking capability to control their movement. ➢ Trains and roadway maintenance machines within the working limits established by means of inaccessible track shall move only under the direction of the EIC of the working limits, and shall move at restricted speed. ➢ No operable locomotives or other items of on-track equipment, except those present or moving under the direction of the EIC of the working limits, shall be located within the working limits established by means of inaccessible track.

• Establish discontinuity in the rail to prevent movement into the working limits.

100.4.3.1 Railroad Employees or Contractors Working Within Locomotive Servicing and Car Shop Repair Tracks. Workers within the limits of locomotive servicing and car shop repair track areas may utilize procedures established by a railroad in accordance with Blue Signal Protection to perform duties incidental to inspecting, testing, servicing, or repairing rolling equipment when those incidental duties involve fouling a track that is protected by Blue Signal Protection (e.g., performing building repairs, changing light bulbs, etc.).

Similarly, employees of a contractor to a railroad if such incidental duties are performed under the supervision of a railroad employee qualified on the railroad’s rules and

procedures implementing the Blue Signal Protection requirements may also work under Blue Signal protection when: • A job briefing is conducted with the person who placed the blue flags. • No movement of equipment will be conducted within the blue flag area until all parties are briefed and all roadway works are clear of the track. • Person who placed the blue flags does not remove, unless the affected persons are notified of the removal and have cleared the tracks.

100.4.4 Individual Train Detection (ITD)

Individual Train Detection is a form of On-Track Safety that can be used only by Lone Workers. A Lone Worker has the right to use On-Track Safety procedures other than ITD if the Lone Worker feels the situation requires it. ITD can be used to provide On-Track Safety only if all the following conditions are met:

• The Lone Worker is trained, qualified, and designated to use ITD. • Only routine inspection or minor repair is being performed. The Lone Worker may not occupy any position or engage in any activity that would interfere with the ability to detect the approach of train or equipment in either direction. • The Lone Worker can visually detect the approach of trains or equipment moving at maximum speed and can move to a place of safety at least 15 seconds before its arrival.

NOTE: The place of safety must not be on a track unless working limits have been established on that track.

• No power-operated tools or machines are in use within hearing range.

The Lone Worker’s ability to hear and see approaching trains and equipment is not impaired by:

 Background noise  Lights  Inclement weather  Passing trains

 Other physical conditions

• The Lone Worker has completed a written Statement of On-Track Safety (Form SOTS-1). When using ITD, the Lone Worker must produce the completed Statement of On-Track Safety upon request.

100.4.5 Train Approach Warning (TAW)

Members of a roadway work group may foul a track without establishing working limits by using Train Approach Warning to perform routine inspections or other minor corrections; or to provide warning on adjacent tracks for large scale maintenance work. The Employee In Charge will establish On-Track Safety by designating one or more Lookouts to provide warning of all approaching movements.

Lookouts will provide the warning using:

• A whistle;

and/or

• An air horn.

Train Approach Warning may be used to provide On-Track Safety only when all the following conditions are met:

• Each Lookout must be a qualified employee and equipped to provide Train Approach Warning. • A Lookout can give a Train Approach Warning in time to allow each roadway worker to be in the clear at a previously arranged place of safety at least 15 seconds before the arrival of a train, engine or other railroad equipment. • Each roadway worker is in a position to receive a Train Approach Warning.

Lookouts must devote their entire attention to detecting approaching trains and engines and warning the roadway workers.

 Lookouts must not be assigned other duties while functioning as a lookout.  Lookouts must remain at their duties until the Employee In Charge either determines that protection is no longer necessary or sends another Lookout to relieve them.

Note: The Employee In Charge may provide Train Approach Warning by acting as the Lookout as long as the Employee In Charge is not performing other duties.

The Lookout’s method of communicating a Train Approach Warning must be distinctive and clearly understood, regardless of noise or work distraction and regardless of the direction that the warned worker is looking.

The method that a Lookout will use to warn roadway workers will consist of:

• Blowing a whistle and/or sounding an air horn.

• Verbally communicating by radio or other means to warn roadway workers.

• Touching the roadway worker as a warning.

The following chart identifies the minimum distance required for the maximum authorized speed to provide employees the minimum 15 seconds necessary to be in the clear of the track prior to the arrival of a train or engine.

Maximum Authorized Speed Maximum Authorized in MPH Distance in Feet Speed in MPH Distance in Feet 5 110 35 770 10 220 40 880 15 330 20 440 25 550 30 660

100.4.6 Train Coordination (applicable to trains holding clearance authority)

Train Coordination provides for men or equipment to use a train’s authority to establish working limits. The employee must contact the train’s engineer to request use of Train Coordination. To establish working limits: • The train must be in view and stopped. • The employee in charge of working limits will communicate with the engineer who will notify other crew members that working limits are to be established. • The engineer will make movements only as permitted by the employee in charge until the working limits have been released to the engineer. • The train will not release its authority (clearance) within the limits until those working limits have been released by the employee in charge.

Establish Working Limits

Working limits may be established within a train’s authority limits as follows:

OCS Territory

1. With a train having authority to move in either direction that is not joint. or 2. With a train having authority to move in one direction only, working limits must not be established behind the train. Working limits for Train Coordination shall be within the segment of track which only one train holds exclusive authority. The roadway worker who establishes working limits shall communicate with the engineer of the train and determine that: • The train is visible to the roadway worker. • The train is stopped. • The train may only move with authority of the roadway worker. • The train crew may not give up its exclusive authority until the roadway worker releases the working limits to the crew.

100.4.7 Work Train Operations

To provide On-Track Safety for roadway workers and roadway maintenance machines working with a work train, the EIC of working limits must authorize all movements of the work train and roadway maintenance machines within working limits. No worker may foul a track within working limits without being authorized by the Employee In Charge.

100.4.8 Adjacent Track Protection on Non-Controlled Track

Inaccessible Track per rule 100.4.3 can be used to establish working limits when it is necessary to foul adjacent non-controlled tracks.

If working limits are not established on an adjacent non-controlled track, Train Approach Warning per rule 100.4.5 may be used to protect roadway workers fouling that track if adequate sight distance based on maximum authorized speed is present.

100.4.9 Adjacent Track Protection on Controlled Track

Protection for roadway work groups working with roadway maintenance machines will be established for adjacent controlled tracks as outlined in this rule when any roadway worker who is a member of a roadway work group is on the ground and engaged in a common task with the on track, self-propelled equipment or coupled equipment on an occupied track.

Note: The EIC may establish protection on any adjacent track (s), even when not specifically required by this rule, at any time as deemed necessary by the EIC to ensure the safety of the roadway work group

100.4.9.1 Occupying a Track with an Adjacent Controlled Track(s).

Exclusive track occupancy per rule 100.4.1 or train approach warning per rule 100.4.5 must be utilized to provide protection for roadway workers on an adjacent controlled track(s) (adjacent controlled track(s) spaced 19ft or less center to center).

NOTE: Train approach warning must not be utilized to provide protection on an adjacent controlled track if any component of the on track equipment such as a boom, arm or crane will foul the adjacent protected track. If any component of the equipment will foul the adjacent protected track, the EIC must establish exclusive track occupancy per rule 100.4.1 for protection and not permit movements on the adjacent track. EIC must not permit movements on the adjacent track until all men and equipment are clear.

100.4.9.2 Passing of Trains on Adjacent Controlled Tracks

When the EIC permits the passing of trains or other on-track equipment on the controlled adjacent track(s), roadway workers must stop work and move to a pre-determined place of safety upon receiving a watchman/lookout warning, or notification that the EIC intends to permit one or more trains or on track equipment movements within the working limits of the adjacent controlled track. The pre-determined place of safety must not be fouling any track unless working limits have been established for that track and no movements on that

track within those limits are permitted by the EIC. Machine operators must stop the operation of their equipment, and when practicable, operators must remove themselves to a pre-determined place of safety. Prior to authorizing movements through working limits on an adjacent track, the EIC must notify roadways workers and receive verification that personnel and equipment are clear of the adjacent track(s).

Work may be resumed only after the trailing end of all Trains or other On Track Equipment moving on the adjacent controlled track(s) has passed and remains ahead of the roadway work group and the EIC gives notification to the roadway work group that protection is again established on the adjacent controlled track.

If a train or other on track equipment stops before it’s trailing end has passed all of the affected roadway workers in the roadway work group on the adjacent controlled track, work may resume only if on track safety using Train Approach warning has been established on the adjacent controlled track, or after the EIC has communicated with a member of the train crew or the on track equipment operator, and established that further movements of the train or on track equipment shall be made only as permitted by the EIC. The EIC must inform the roadway work group on track safety has been established through an on track safety job briefing. Then, work may resume.

100.5 Audible Warning From Trains

Trains must sound their locomotive whistle and ring their bell when approaching roadway workers on or near the track, regardless of local whistle prohibitions.

To give trains advance notice of roadway workers on or near the track, each roadway worker fouling the track must:

• Wear company-approved reflectorized work-wear with striping.

100.6 Operating and Working Near Roadway Machines

100.6.1 On-Track Equipment Operator Training and Qualifications

100.6.1.1 General Training Requirements

No employee may operate a roadway machine without first:

• Having been trained in accordance with the Rules; • Having been informed of the safety procedures applicable to persons working near the machine;

and 17

• Acknowledging full understanding of those safety procedures.

100.6.1.2 Machine Specific Training Requirements

The operator’s manual, which includes instructions for safe operation, shall be provided and maintained with each machine large enough to carry the document. A machine operator must have a clear understanding of the information contained in the associated manual prior to operating a roadway machine.

100.6.1.3 Qualifications

An employee will not be considered qualified to operate a unit of on-track equipment without having been trained and certified to be competent in the operation of that machine. This training may be accomplished on-the-job through peer instruction or through a combination of classroom training and peer training. Competency certification must be established prior to operating a roadway machine. New or relief machine operators who have not, within the past year, operated the type of equipment to which they will be assigned must be certified competent by proper authority. When approved to begin operation, such operators will be observed by the interviewer for a period which is extensive enough to determine the operator’s competency level.

100.6.2 Working With On-Track Equipment

When Working with On-Track Equipment, spacing guidelines must be adhered to in order to prevent contact between machines and to prevent machines from contacting workers. When work or travel conditions dictate that the machine spacing must be less than the guidelines require, the machine operators and the Employee In Charge must have a thorough understanding of the specific task, the conditions under which the task is to be done and how the task is to proceed. In addition, the operator of a machine approaching workers who are foul of the track must communicate with the workers before getting closer than 15 feet to them.

Before a reverse move of more than 15 feet is made, the operator must ascertain that a backup alarm is activated, and/or the appropriate horn or whistle signal is sounded. In addition, the operator must observe that the track is clear of men and machines before the reverse movement is made.

100.6.2.1 Work Zones Around Machines

When roadway workers’ tasks require that they occupy the center of the track, they must not enter a machine’s Work Zone without first communicating with the operator to establish safe work procedures. Unless a different understanding is established through a job briefing, this Work Zone extends from point 15 feet in front of the

machine to a point 15 feet behind the machine and includes any extensions of booms or crane arms.

If a roadway worker needs to enter an operator’s Work Zone, the following procedures must be accomplished:

1. The operator and the employee(s) must establish eye contact, 2. The RMM operator must receive verbal communication from the employee(s) stating that the employee(s) wish to enter the Work Zone, 3. The RMM operator must notify the employee(s) when it is safe to enter the Work Zone and employee(s) must not enter until it is safe to do so, 4. The RMM operator must stop all movement of the equipment and place the RMM in neutral, and 5. RMM operator must remove and raise hands from controls of the RMM.

100.6.2.2 Safe Working Distance Between Machines

Unless a different understanding is established through a job briefing, the minimum distance between machines while working is 50 feet and 100 feet when a ballast regulator is involved.

100.6.2.3 Safe Traveling Distance Between Machines

The distance between on-track equipment when traveling must be of a sufficient distance to avoid an accident, but never closer than 250 feet. Weather and/or rail conditions may require additional separation distance.

100.6.2.4 Stopping On-Track Equipment

When necessary to slow or stop On-Track Equipment during travel, the operator must signal following equipment operators either by radio or hand signals. If a radio is used, the machine operator transmitting must be assured that the following equipment operators have received and understood the message transmitted. If hand signals are used, the signal must be continuous until it is verified that the following equipment operators have observed and understood the movement is to be slowed or stopped.

If machines are to be “bunched” when stopped, all employees must remain clear of the track until the entire movement has stopped unless otherwise instructed by the EIC. After stopping, the lead machine operator in the consist will dismount that machine and assume a position that is visible to the following machine operator as well as to anyone who could step into the path of the next approaching machine. The dismounted operator will spot the following machine using hand signals. This procedure will be used by each successive operator in the consist to spot the following machine. Note: All equipment must be properly secured when left unattended.

100.6.2.5 Tying Up Equipment

Follow these procedures to ensure safety: 1. Secure all brakes, booms, locks, and hooks. 2. Dismount the machine on the field side of the track, away from live traffic.

3. Stand beside machine and direct the next roadway machine to a stop. 4. Do not go between machines until all machines have come to a stop or the EIC has given permission.

100.6.2.6 On-track Roadway Maintenance Machines Engaged in Weed Spraying or Snow Removal on Non-controlled Track

On-track RMMs engaged in weed spraying and snow removal on non-controlled track without inaccessible track protection may under the following conditions: • The EIC must conduct a job briefing with all groups and crafts that may conduct movements in the work area including but not limited to train crews and other roadway workers. • All on-track movements shall operate at On-track Equipment Speed. • A means of communication between the on-track equipment and other on- track movements must be provided. • Roadway workers engaged in such snow removal or weed spraying operations shall retain the absolute right to use the provisions of inaccessible track. • Roadway workers assigned to work with this equipment may line switches for the machine’s movement but shall not engage in any roadway work activity unless protected by another form of on-track safety. • Each roadway maintenance machine engaged in snow removal or weed spraying shall be equipped with and utilize: o An operative 360-degree intermittent warning light or beacon o Work lights, if the machine is operated during the period between one- half hour after sunset and one-half hour before sunrise or in dark areas such as tunnels, unless equivalent lighting is otherwise provided. o An illumination device, such as a headlight, capable of illuminating obstructions on the track ahead in the direction of travel for a distance of 300 feet under normal weather conditions. o A brake light activated by the application of the machine braking system and designed to be visible for a distance of 300 feet under normal weather conditions. o A rear viewing device, such as a rearview mirror.

100.7 Right to Challenge On-Track Safety

The Railroad and each roadway worker share joint responsibility for ensuring that On-Track Safety is provided.

100.7.1 Responsibilities of the Railroad

The Railroad must:

• Provide proper training of every roadway worker as outlined in 100.2.

• Guarantee each employee the absolute right to challenge, in good faith, whether the On-Track Safety procedures to be applied at the job site comply with the Railroad Rules. Each employee has the right to remain clear of the track until the challenge is resolved.

• Follow the procedures outlined in 100.7.3 to resolve challenges promptly and equitably.

100.7.2 Responsibilities of the Roadway Worker

Each roadway worker has the following responsibilities:

• Follow the Railroad’s On-Track Safety procedures.

• Avoid fouling a track except when necessary to perform your duties.

• Before fouling a track, determine that On-Track Safety is being provided.

Note: A roadway worker or roadway machine is considered to be fouling a track when within 4 feet of the nearest rail.

• Refuse any directive to violate an On-Track Safety Rule and promptly notify a supervisor when the safety provisions to be applied at the job site do not comply with the Railroad Rules.

100.7.3 Resolving Challenges to On-Track Safety Procedures

Follow this procedure to resolve an On-Track Safety challenge:

• The roadway worker informs the Employee In Charge that he or she does not believe that the protection afforded roadway workers complies with the Railroad’s On-Track Safety procedures.

Note: Employees may not be subject to any retribution or punishment for making a good faith challenge to On-Track Safety procedures.

• The Employee In Charge reviews the On-Track Safety procedures with the employee to verify that the proper procedures have been applied.

• If the employee making the challenge is still not satisfied that the On-Track Safety procedures comply with the Railroad’s Rules, the Employee In Charge contacts the next level supervisor and fills out the “On-Track Safety Good Faith Challenge Form.”

• The next level supervisor reviews the On-Track Safety procedures and determines whether the On-Track Safety procedures are being properly applied.

 If the next level supervisor determines that the On-Track Safety procedures are not being properly applied, the Employee In Charge modifies the On-Track Safety procedures to ensure proper protection of employees.  If the next level supervisor determines that On-Track Safety procedures are being properly applied, the challenging employee must perform the assigned duty. If the employee still refuses to perform the assigned duty, discipline may be assessed.

• The General Manager - Engineering will regularly review written documentation of all challenges made to the next level supervisor.

A Good Faith Challenge will be recorded on Form OTSGFC-1.

100.8 On-Track Safety Program Documentation

Follow these requirements:

• If you are a roadway worker, have access to a copy of the On-Track Safety manual.

• If you are an EIC, keep this manual available for use on the job.

• Keep your rules card, which details your On-Track Safety qualifications, available for inspection on the job.

100.9 COMMUNICATION REQUIREMENTS FOR ROADWAY WORKERS

Each employee designated by the railroad to provide on-track safety for a roadway worker group or groups, must be equipped with a wireless communication devise capable of reaching the RTC. The employee must, where practicable, maintain immediate access to the communication devise. When immediate access is not practicable, the employee in charge or lone worker must be equipped with a radio capable of monitoring transmissions from train movements in the vicinity.

Form OTSGFC-1 8/1/00

ON-TRACK SAFETY GOOD FAITH CHALLENGE

1. (To be completed by employee making a Good Faith Challenge)

Date: ______Location: ______Roadway Work Group: ______Employee In Charge: ______Employee Making Challenge: ______Type of On-Track Protection Established: ______Reason for Challenge: ______

2. (To be completed by Employee In Charge)

Determination of Employee In Charge: ______

3. (To be completed by employee making Good Faith Challenge)

Check one of the following: ______Challenge has been resolved by determination of Employee In Charge. ______Challenge has not been resolved by determination of Employee In Charge.

4. Signatures of Employee In Charge and employee making Good Faith Challenge: ______Employee In Charge Employee Making Challenge

5. Determination by Supervisor: ______

______Supervisor Signature Date

Instructions: This form, upon completion, shall be forwarded to the General Manager - Engineering with a copy to the Director of Safety FORM SOTS-1 8/1/00

STATEMENT OF ON-TRACK SAFETY

A Lone Worker using Individual Train Detection must complete this form prior to fouling a track.

To complete this form:

1. Provide the following information:

Name: ______Date: ______

Subdivision/Branch: ______

Work Location: ______

Time Limits: ______

2. In the table below, place an X in the box adjacent to the maximum authorized speed of trains within the working limits specified above. The minimum sight distance associated with that speed that allows employees to be in the clear 15 seconds prior to the arrival of a train or OTE.

NOTE: ADDITIONAL TIME MUST BE ADDED FOR THE TIME REQUIRED TO CLEAR THE TRACK

Maximum Maximum Authorized Minimum Required Authorized Minimum Required Speed Sight Distance Speed Sight Distance in MPH X Feet in MPH X Feet 5 110 35 770 10 220 40 880 15 330 45 990 20 440 50 1,100 25 550 55 1,210 30 660 60 1,320

Note: When the maximum authorized speed is not shown on the form, use the next higher speed.

This form must be in the employee’s possession while work is being performed.

MAINTENANCE OF WAY RULES

In addition to the rules contained herein, all applicable rules contained in the Canadian Rail Operating Rules, and the Central Maine & Quebec Railway Roadway Worker Protection Rules must be observed.

DEFINITIONS& MODIFICATIONS TO CROR

In these rules the following definitions apply.

ON-TRACK EQUIPMENT – TRACK UNITS Work equipment, with or without flanged wheels, other than trains or engines, propelled manually or by other forms of energy, used in the inspection, maintenance or construction of track, structures, signals and communication equipment.

EMPLOYEE IN CHARGE (EIC) The person responsible for track work; roadway workers; and/or On-Track Equipment and the protection thereof. The person in charge of On-Track Equipment may include the equipment operator, foreman or officer.

OPERATOR The person who is assigned to operate and care for the On-Track Equipment.

ON-TRACK EQUIPMENT (TRACK UNIT) SPEED A speed that • permits On-Track Equipment to stop within one-half the range of vision of trains, engines, railroad cars and workers or Track Units fouling the track; • permits On-Track Equipment to stop short of a switch or derail not properly lined or any obstruction or track defect that may prevent safe passage; • does not exceed the maximum speed authorized for that On-Track Equipment.

TRACK WORK Any construction or repair made to track, ballast, sub-grade or structure, using hand tools or machines that places a machine, tool or worker within 4 feet of any rail of any track.

TRACK INSPECTION The use of approved On-Track Equipment to travel over and to inspect railroad track. Track Inspection may be done in accordance with the CROR and/or Roadway Worker Protection Rules. Movement Authority granted for Track Inspection under CROR does not necessarily afford protection for track work as required by Roadway Worker Protection Rules.

MOW RULES GENERAL

900. All track work must be performed in accordance with CMQ’s Roadway Worker Protection Rules and CMQ’s Safety Rules. Where these rules refer to “On Track Equipment” the term shall be synonymous with the definition of a “Track Unit”. 901. On-Track Equipment movement and Track Inspection must be performed in accordance with these rules, Roadway Worker Protection Rules, Safety Rules and the Canadian Rail Operating Rules. On-track equipment operators must be examined and qualified on the operating rules or they must be working under the immediate (on-the-job) supervision of a person who has been examined and qualified on these rules. The OTE operator must be familiar with the method of train operation and the physical characteristics of the territory over which the on-track equipment is being operated or on which work is to be performed. On-track equipment operator, or at least one operator of equipment moving under the same authority, must have copy of the current Daily Operating Bulletin. 902. Before acting under the authority of a TOP or other written authority to occupy a main track. The employee in charge of On-Track Equipment must read the authority aloud to employees accompanying the On-Track Equipment to make them aware of its contents. When traveling in convoy under one authority the EIC must hold a job briefing with all Operators and include information contained in the authority. Rules qualified employees are required to initial the TOP form indicating understanding of the contents. (See also CROR 854 & 855) 903. Should the Employee in Charge fail to comply with a written authority, any employee who has been made aware of the contents of the authority must immediately remind the EIC of the contents. (see also CROR 856)

904. When on-track equipment is placed on the rails, the headlights must be turned on and the flashers or amber strobe light must be in operation. The headlights and warning light must remain in operation during any trip on the rails. If stop is made in order to perform work, the lights should remain in operation. 905. On-Track Equipment must be stopped when a train is approaching on an adjacent main track, and when practicable, persons using them must remove themselves to a safe position. 906. On-Track Equipment must be operated with care in passing a train receiving or discharging passengers and must not pass such a train on the side on which passengers are entraining or detraining. 907. When traveling in convoy a distance sufficient to avoid an accident, but not less than 250 feet, must be maintained between each piece of equipment. Weather and/or rail conditions may require additional separation requirements.

908. On-Track Equipment must not follow within 500 feet of a moving train or engine on the same track and must not approach within 200 feet of a standing train except when necessary to clear, in which case a job briefing must be held with the train or engine crew to avoid accident. 909. The Operator of On-Track Equipment is responsible for the inspection, use and care of such equipment. Before On-Track Equipment may be operated an inspection must be made to determine the condition of the equipment. Specific items to be inspected include, but are not limited to: • A seat or designated location to stand for each operator; • A safe and secure position with handholds, handrails, or a secure seat for each roadway worker transported on the machine. Each position shall be protected from moving parts of the machine; • A positive method of securement for turntables, on machines equipped with a turntable, through engagement of pins and hooks that block the descent of turntable devices below the rail head when not in use; • A windshield with safety glass, or other material with similar properties, if the machine is designed with a windshield. Each new on-track roadway maintenance machine designed with a windshield shall also have power windshield wipers or suitable alternatives that provide the machine operator an equivalent level of vision if windshield wipers are incompatible with the windshield material; • A machine braking system capable of effectively controlling the movement of the machine under normal operating conditions; • A property supplied and maintained first-aid kit that is readily accessible.

• An operative and properly charged fire extinguisher which is securely mounted and readily accessible to the operator from the operator's work station. • Each on-track roadway maintenance machine designed to be operated and transported by the operator in a standing position shall be equipped with handholds and handrails to provide the operator with a safe and secure position. • Each on-track roadway maintenance machine that weighs more than 32,500 pounds light weight and is operated in excess of 20 mph shall be equipped with a speed indicator that is accurate within ±5 mph of the actual speed at speeds of 10 mph and above. • Each on-track roadway maintenance machine shall have its as-built light weight displayed in a conspicuous location on the machine. • Each on-track roadway maintenance machine shall be equipped with the following visual illumination and reflective devices:

• An illumination device, such as a headlight, capable of illuminating obstructions on the track ahead in the direction of travel for a distance of 300 feet under normal weather and atmospheric conditions; • Work lights, if the machine is operated during the period between one-half hour after sunset and one-half hour before sunrise or in dark areas such as tunnels, unless equivalent lighting is otherwise provided; • An operative 360-degree intermittent warning light or beacon mounted on the roof of the machine. Roadway maintenance machines that are not equipped with fixed roofs are exempt from this requirement; • A brake light activated by the application of the machine braking system, and designed to be visible for a distance of 300 feet under normal weather and atmospheric conditions; and • Rearward viewing devices, such as rearview mirrors. • A roadway worker, other than the machine operator, is prohibited from riding on any on-track roadway maintenance machine unless a safe and secure position for each roadway worker on the machine is clearly identified by stenciling, marking, or other written notice. • Floors, decks, stairs, and ladders of on-track roadway maintenance machines shall be of appropriate design and maintained to provide secure access and footing, and shall be free of oil, grease, or any obstruction which creates a slipping, falling, or fire hazard. • Each on-track roadway maintenance machine and hi-rail vehicle shall have on board a flagging kit that complies with the operating rules of the railroad if: • The equipment is operated over trackage subject to a railroad operating rule requiring flagging; and - The equipment is not part of a roadway work group; or

The equipment is the lead or trailing piece of equipment in a roadway work group operating under the same TOP authority. • When used to tow push-cars or other maintenance-of-way equipment, each on-track roadway maintenance machine or hi-rail vehicle shall be equipped with a towing bar or other coupling device that provides a safe and secure attachment. • An on-track roadway maintenance machine or hi-rail vehicle shall not be used to tow push-cars or other maintenance-of-way equipment if the towing would cause the machine or hi-rail vehicle to exceed the capabilities of its braking system. In determining the limit of the braking system, the employer must consider the track

grade (slope), as well as the number and weight of push cars or other equipment to be towed.

910. On-Track Equipment must not be operated when it is in an unsafe condition. A report must be made to a supervisor when On-Track Equipment is in need of repair. An employee operating an on-track roadway maintenance machine or hi-rail vehicle shall inform the employer whenever the employee makes a good-faith determination that the machine or vehicle does not comply with FRA or Transport Canada Regulations or has a condition that inhibits its safe operation.

911. Any employee charged with operating an on-track roadway maintenance machine or hi- rail vehicle may refuse to operate the machine or vehicle if the employee makes a good- faith determination that it has a condition that inhibits its safe operation. The supervisor shall not require the employee to operate the machine or vehicle until the challenge resulting from the good-faith determination is resolved.

912. Any employee who operates on-track roadway maintenance machines or hi-rail vehicles has the absolute right to refuse use of such machine or vehicle. This may done when the employee makes a good-faith determination that it is not safe to operate or does not meet Company, Federal or State/Provincial safety regulations.

913. A red tag must be placed on the ignition switch or other prominent control to indicate that equipment is under or in need of repair. Equipment with a red tag applied must not be started unless a job briefing conducted with the person making the repairs.

914. Track units including push cars when handled by other track units should be towed and not pushed. When necessary to make a back-up movement, push cars may be pushed for a short distance at a speed not to exceed that of walking. When push cars are coupled to other track units, approved drawbars and coupler pins must be used. No person shall ride on a push car that is being towed unless it is equipped with seats, safety rails, wheel guards, and brakes. No person shall ride on a push car that is being pushed. When necessary to push other track equipment, approved couplings must be used. The movement must be at a speed no greater than a walk, and cars being pushed must not be occupied. Track units or track equipment should not be uncoupled while car is in motion.

SPEEDS 915. On-Track Equipment must not exceed On-Track Equipment Speed except as provided by Rule 916. 30

916. On-Track Equipment may be operated as a train if all of the following conditions are met: • The On-Track Equipment consists of at least 4 axles and is capable of fully shunting the track circuits. • All Rules governing the movement of Trains and Engines apply • An employee qualified in Rules applying to the movement of Trains and Engines accompanies the movement • A Railway manager approves the movement. 917. Except as provided by Rule 916, On-Track Equipment must be operated at a speed that: • does not exceed ON-TRACK EQUIPMENT SPEED • does not exceed 30 MPH for track inspection vehicles • 25 MPH for all other On-Track Equipment unless a higher maximum speed authorized for that On-Track Equipment is posted on the On-Track Equipment or in accompanying instructions; and • In no case exceeds 45 MPH NOTE: Conditions that affect operation of on-track equipment, such as wet rail, grease on the rail, loading of equipment, type of load, etc., must be considered and speed reduced so that the OTE is under control at all times.

918. On-Track Equipment moving over a hand-operated switch must make such movement at a speed of not more than 10 MPH.

INTERLOCKINGS 919. On-Track Equipment must approach Railroad Crossings, Drawbridges and the end of multiple main tracks not protected by signal appliances prepared to stop. Movement may proceed only in accordance with Special Instructions and CROR 806 or 808. 920. On-Track Equipment will be governed by CROR 806 when operating through Automatic Interlockings.

SWITCHES 921. On-Track Equipment must not be left standing between the opposing signals of an automatic or manual interlocking without proper protection. Protection is afforded by CROR 840.3 922. On-Track Equipment, when removed from the track must not be left where it may be struck by passing trains or where it may create a safety hazard. 923. When On-Track Equipment is stored on track, the On-Track Equipment nearest to each switch must be chained and locked to the rail, as well as blocked, except where the track is equipped with a derail within 100 feet of the nearest On-Track Equipment. 924. When approaching and moving over a switch or a crossing, On-Track Equipment must be under full control, prepared to stop quickly. A lookout must be kept for stones and other 31

obstructions on the rail or in the flangeways. 925. On-Track Equipment must not be operated through a spring switch or variable switch in trailing position. The switch must be operated by hand and the rules governing hand- operated switches apply. 926. When operating equipment through spring side of spring frog, be sure that all wheels remain on rails as equipment passes through spring side, reducing speed as necessary. 927. Switches used by on-track equipment must be left in the same position in which they were found, unless the switches or derails are left in the charge of a train crew member or the RTC directs otherwise

ROAD CROSSINGS 928. On-Track Equipment must not obstruct a road crossing until the way is seen to be clear by the operator of the On-Track Equipment.

929. On-Track Equipment must be brought to a full stop before proceeding over a road crossing where the view of the approach is obstructed, or where the traffic is heavy, such that the operator of the On-Track Equipment, at the point where a stop must be initiated, cannot determine that the way is clear. At such crossings, · On-Track Equipment must only proceed over the crossing under protection of a flagman, unless the On-Track Equipment is being operated by one person alone, who must, after stopping, proceed with extreme caution. · Employees flagging highway/rail grade crossings must be equipped with a red or orange flag and a reflective safety vest and precede the movement onto crossing to determine traffic is stopped before on-track roadway maintenance machines occupy crossing. 930. On-Track Equipment must be operated with extreme caution over a road crossing equipped with highway crossing signals or gates. On-Track Equipment which shunts or activates track circuit may proceed without stopping when the crossing is known to be clear, sounding audible warning devices if equipped. a. At crossings equipped with highway crossing signals or gates, the signals or gates may be activated by using the push button or other device provided, in order to ensure additional protection in the following cases: • When the On-Track Equipment is exceptionally slow moving; • When On-Track Equipment is traveling in convoy and highway traffic is heavy; • When highway traffic is so heavy that On-Track Equipment has no other practicable means of crossing the highway.

Type of Work NON-CONTROLLED CONTROLLED TRACK TRACK OCS Locally Controlled Automatic Cautionary Limits Non-Main Track DB Interlocking Interlocking All Work Fouling Annual On-Track Safety Training Live Track Job Briefing Reflectorized work wear with reflectorized striping Locomotive bell and whistle Movements of TOP CROR 808 (b) CROR 806 (b) OTE/Track Unit Speed OTE/Track Unit Speed Hi-rails, Work Equipment (Track Units)

Planned Work TOP CROR 808 (a) CROR 840.3 Track Out-of-Service Inaccessible Track Track CROR 42 Inaccessible Track Unsafe CONSULT SIGNAL for DEPARTMENT Trains & Engine Unplanned Work TOP CROR 808 (a) CROR 840.3 Track Out-of-Service Inaccessible Track Movements Track Out-of-Service Inaccessible Track Flag Protection CONSULT SIGNAL DEPARTMENT

Roadway Work Lookout CROR 808 (a) CROR 840.3 Lookout Lookout Track Group TOP Track Out-of-Service Inaccessible Track Safe CROR 42 CONSULT SIGNAL Inaccessible Track for Foul Time DEPARTMENT Trains & Train Coordination Engine Movements Lone Worker ITD CROR 808 (a) CROR 840.3 ITD ITD TOP Form B Inaccessible Track Flag Protection Inaccessible Track Train Coordination CONSULT SIGNAL DEPARTMENT