[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR228.107]
[Page 281-289]
TITLE 49--TRANSPORTATION
CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 228--HOURS OF SERVICE OF RAILROAD EMPLOYEES--Table of Contents
Subpart C--Construction of Employee Sleeping Quarters
Sec. 228.107 Action on petition.
(a) Each petition for approval filed under Sec. 228.103 is referred
to the Railroad Safety Board for action in accordance with the
provisions of part 211, title 49, CFR, concerning the processing of
requests for special approvals.
(b) In considering a petition for approval filed under this subpart,
the Railroad Safety Board evaluates the material factors bearing on--
(1) The safety of employees utilizing the proposed facility in the
event of a hazardous materials accident/incident and in light of other
relevant safety factors; and
(2) Interior noise levels in the facility.
(c) The Railroad Safety Board will not approve an application
submitted under this subpart if it appears from the available
information that the proposed sleeping quarters will be so situated and
constructed as to permit interior noise levels due to noise under the
control of the railroad to exceed an Leq(8) value of 55dB(A).
If individual air conditioning and heating systems are to be utilized,
projections may relate to noise levels with such units turned off.
(d) Approval of a petition filed under this subpart may be withdrawn
or modified at any time if it is ascertained, after opportunity for a
hearing, that any representation of fact or intent made by a carrier in
materials submitted in support of a petition was not accurate or
truthful at
[[Page 282]]
the time such representation was made.
Appendix A to Part 228--Requirements of the Hours of Service Act:
Statement of Agency Policy and Interpretation
First enacted in 1907, the Hours of Service Act was substantially
revised in 1969 by Public Law 91-169. Further amendments were enacted as
part of the Federal Railroad Safety Authorization Act of 1976, Public
Law 94-348 and by the Rail Safety Improvement Act of 1988, Public Law
100-342. The purpose of the law is ``to promote the safety of employees
and travelers upon railroads by limiting the hours of service of
employees * * *.'' This appendix is designed to explain the effect of
the law in commonly-encountered situations.
The Act governs the maximum work hours of employees engaged in one
or more of the basic categories of covered service treated below. If an
individual performs more than one kind of covered service during a tour
of duty, then the most restrictive of the applicable limitations
control.
The act applies to any railroad, as that term is defined in 45
U.S.C. 431(e). It governs the carrier's operations over its own railroad
and all lines of road which it uses.
train and engine service
Covered Service. Train or engine service refers to the actual
assembling or operation of trains. Employees who perform this type of
service commonly include locomotive engineers, firemen, conductors,
trainmen, switchmen, switchtenders (unless their duties come under the
provisions of section 3) and hostlers. With the passage of the 1976
amendments, both inside and outside hostlers are considered to be
connected with the movement of trains. Previously, only outside hostlers
were covered. Any other employee who is actually engaged in or connected
with the movement of any train is also covered, regardless of his job
title.
Limitations on Hours. The Act establishes two limitations on hours
of service. First, no employee engaged in train or engine service may be
required or permitted to work in excess of twelve consecutive hours.
After working a full twelve consecutive hours, an employee must be given
at least ten consecutive hours off duty before being permitted to return
to work.
Second, no employee engaged in train or engine service may be
required or permitted to continue on duty or go on duty unless he has
had at least eight consecutive hours off duty within the preceding
twenty-four hours. This latter limitation, when read in conjunction with
the requirements with respect to computation of duty time (discussed
below) results in several conclusions:
(1) When an employee's work tour is broken or interrupted by a valid
period of interim release (4 hours or more at a designated terminal), he
may return to duty for the balance of the total 12-hour work tour during
a 24-hour period.
(2) After completing the 12 hours of broken duty, or at the end of
the 24-hour period, whichever occurs first, the employee may not be
required or permitted to continue on duty or to go on duty until he has
had at least 8 consecutive hours off duty.
(3) The 24-hour period referred to in paragraphs 1 and 2 above shall
begin upon the commencement of a work tour by the employee immediately
after his having received a statutory off-duty period of 8 or 10 hours
as appropriate.
Duty time and effective periods of release. On-duty time commences
when an employee reports at the time and place specified by the railroad
and terminates when the employee is finally released of all
responsibilities. (Time spent in deadhead transportation to a duty
assignment is also counted as time on duty. See discussion below.) Any
period available for rest that is of four or more hours and is at a
designated terminal is off-duty time. All other periods available for
rest must be counted as time on duty under the law, regardless of their
duration.
The term ``designated terminal'' means a terminal (1) which is
designated in or under a collective bargaining agreement as the ``home''
or ``away-from-home'' terminal for a particular crew assignment and (2)
which has suitable facilities for food and lodging. Carrier and union
representatives may agree to establish additional designated terminals
having such facilities as points of effective release under the Act.
Agreements to designate additional terminals for purposes of release
under the Act should be reduced to writing and should make reference to
the particular assignments affected and to the Hours of Service Act. The
following are common situations illustrating the designated terminal
concept:
(1) A freight or passenger road crew operates a train from home
terminal ``A'' to away-from-home terminal ``B'' (or the reverse).
Terminals ``A'' and ``B'' would normally be the designated terminals for
this specific crew assignment. However, carrier and employee
representatives may agree to designate additional terminals having
suitable facilities for food and lodging as appropriate points of
release under the Hours of Service Act.
(2) A road crew operates a train in turn-around service from home
terminal ``A'' to turn-around point ``B'' and back to ``A''. Terminal
``A'' is the only designated terminal for this specific crew assignment,
unless carrier and employee representatives have agreed to designate
additional terminals
[[Page 283]]
having suitable facilities for food and lodging.
(3) A crew is assigned to operate a maintenance-of-way work train
from home terminal ``A'', work on line of road and tie up for rest along
the line of road at point ``B''. Home terminal ``A'' and tie-up point
``B'' both qualify as designated terminals for this specific work train
crew assignment. Of course, suitable facilities for food and lodging
must be available at tie-up point ``B''.
Deadheading. Under the Act time spent in deadhead transportation
receives special treatment. Time spent in deadhead transportation to a
duty assignment by a train or engine service employee is considered on-
duty time. Time spent in deadhead transportation from the final duty
assignment of the work tour to the point of final release is not
computed as either time on duty or time off duty. Thus, the period of
deadhead transportation to point of final release may not be included in
the required 8- or 10-hour off-duty period. Time spent in deadhead
transportation to a duty assignment is calculated from the time the
employee reports for deadhead until he reaches his duty assignment.
All time spent awaiting the arrival of a deadhead vehicle for
transportation from the final duty assignment of the work tour to the
point of final release is considered limbo time, i.e., neither time on
duty nor time off duty, provided that the employee is given no specific
responsibilities to perform during this time. However, if an employee is
required to perform service of any kind during that period (e.g.,
protecting the train against vandalism, observing passing trains for any
defects or unsafe conditions, flagging, shutting down locomotives,
checking fluid levels, or communicating train consist information via
radio), he or she will be considered as on duty until all such service
is completed. Of course, where a railroad carrier's operating rules
clearly relieve the employee of all duties during the waiting period and
no duties are specifically assigned, the waiting time is not computed as
either time on duty or time off duty.
Transit time from the employee's residence to his regular reporting
point is not considered deadhead time.
If an employee utilizes personal automobile transportation to a
point of duty assignment other than the regular reporting point in lieu
of deadhead transportation provided by the carrier, such actual travel
time is considered as deadheading time. However, if the actual travel
time from his home to the point of duty assignment exceeds a reasonable
travel time from the regular reporting point to the point of duty
assignment, then only the latter period is counted. Of course, actual
travel time must be reasonable and must not include diversions for
personal reasons.
Example: Employee A receives an assignment from an ``extra board''
located at his home terminal to protect a job one hour's drive from the
home terminal. In lieu of transporting the employee by carrier
conveyance, the railroad pays the employee a fixed amount to provide his
own transportation to and from the outlying point. The employee is
permitted to go directly from his home to the outlying point, a drive
which takes 40 minutes. The normal driving time between his regular
reporting point at his home terminal and the outlying point is 60
minutes. The actual driving time, 40 minutes is considered deadhead time
and is counted as time on duty under the Act.
Employee A performs local switching service at the outlying point.
When the employee returns from the outlying point that evening, and
receives an ``arbitrary'' payment for his making the return trip by
private automobile, 40 minutes of his time in transportation home is
considered deadheading to point of final release and is not counted as
either time on duty or time off duty.
Wreck and relief trains. Prior to the 1976 amendments, crews of
wreck and relief trains were exempted entirely from the limitations on
hours of service. Under present law that is no longer the case. The crew
of a wreck or relief train may be permitted to be on duty for not to
exceed 4 additional hours in any period of 24 consecutive hours whenever
an actual emergency exists and the work of the crew is related to that
emergency. Thus, a crew could work up to 16 hours, rather than 12. The
Act specifies that an emergency ceases to exist for purposes of this
provision when the track is cleared and the line is open for traffic. An
``emergency'' for purposes of wreck or relief service may be a less
extraordinary or catastrophic event than an ``unavoidable accident or
Act of God'' under section 5(d) of the Act.
Example: The crew of a wreck train is dispatched to clear the site
of a derailment which has just occurred on a main line. The wreck crew
re-rails or clears the last car and the maintenance of way department
releases the track to the operating department 14 hours and 30 minutes
into the duty tour. Since the line is not clear until the wreck train is
itself out of the way, the crew may operate the wreck train to its
terminal, provided this can be accomplished within the total of 16 hours
on duty.
Emergencies. The Act contains no general exception using the term
``emergency'' with respect to train or engine service or related work.
See ``casualties,'' etc., under ``General Provisions''.
communication of train orders
Covered Service. The handling of orders governing the movement of
trains is the second type of covered service. This provision of the
[[Page 284]]
Act applies to any operator, train dispatcher or other employee who by
the use of the telegraph, telephone, radio, or any other electical or
mechanical device dispatches, reports, transmits, receives, or delivers
orders pertaining to or affecting train movements.
The approach of the law is functional. Thus, though a yardmaster
normally is not covered by this provision, a yardmaster or other
employee who performs any of the specified service during a duty tour is
subject to the limitations on service for that entire tour.
Limitations on hours. No employee who performs covered service
involving communication of train orders may be required or permitted to
remain on duty for more than nine hours, whether consecutive or in the
aggregate, in any 24-hour period in any office, tower, station or place
where two or more shifts are employed. Where only one shift is employed,
the employee is restricted to 12 hours consecutively or in the aggregate
during any 24-hour period.
The provision on emergencies, discussed below, may extend the
permissible hours of employees performing this type of service.
Shifts. The term ``shift'' is not defined by the Act, but the
legislative history of the 1969 amendments indicates that it means a
tour of duty constituting a day's work for one or more employee
performing the same class of work at the same station who are scheduled
to begin and end work at the same time. The following are examples of
this principle:
------------------------------------------------------------------------
Scheduled Hours Classification
------------------------------------------------------------------------
7 a.m. to 3 p.m........................... 1 shift.
7 a.m. to 12:30 p.m. 1:30 p.m. to 8 p.m. Do.
(Schedule for one employee including one
hour lunch period).
7 a.m. to 3 p.m. 7 a.m. to 3 p.m. (Two Do.
employees scheduled).
7 a.m. to 3 p.m. 8 a.m. to 4 p.m. (Two 2 shifts.
employees scheduled).
------------------------------------------------------------------------
Duty time and effective periods of release. If, after reporting to
his place of duty, an employee is required to perform duties at other
places during this same tour of duty, the time spent traveling between
such places is considered as time on duty. Under the traditional
administrative interpretation of section 3, other periods of
transportation are viewed as personal commuting and, thus, off-duty
time.
A release period is considered off-duty time if it provides a
meaningful period of relaxation and if the employee is free of all
responsibilities to the carrier. One hour is the minimum acceptable
release period for this type of covered service.
Emergencies. The section of the Act dealing with dispatchers,
operators, and others who transmit or receive train orders contains its
own emergency provision. In case of emergency, an employee subject to
the 9 or 12-hour limitation is permitted to work an additional four
hours in any 24-hour period, but only for a maximum of three days in any
period of seven consecutive days. However, even in an emergency
situation the carrier must make reasonable efforts to relieve the
employee.
General Provisions
(applicable to all covered service)
Commingled Service. All duty time for a railroad even though not
otherwise subject to the Act must be included when computing total on-
duty time of an individual who performs one or more of the type of
service covered by the Act. This is known as the principle of
``commingled service''.
For example, if an employee performs duty for 8 hours as a trainman
and then is used as a trackman (not covered by the law) in the same 24-
hour period, total on-duty time is determined by adding the duty time as
trackman to that as trainman. The law does not distinguish treatment of
situations in which non-covered service follows, rather than precedes,
covered service. The limitations on total hours apply on both cases. It
should be remembered that attendance at required rules classes is duty
time subject to the provisions on ``commingling''. Similarly, where a
carrier compels attendance at a disciplinary proceeding, time spent in
attendance is subject to the provisions on commingling.
When an employee performs service covered by more than one
restrictive provision, the most restrictive provision determines the
total lawful on-duty time. Thus, when an employee performs duty in train
or engine service and also as an operator, the provisions of the law
applicable to operators apply to all on-duty and off-duty periods during
such aggregate time. However, an employee subject to the 12 hour
provision of section 2 of the law does not become subject to the 9 or
12-hour provisions of section 3 merely because he receives, transmits or
delivers orders pertaining to or affecting the movement of his train in
the course of his duties as a trainman.
Casualties, Unavoidable Accidents, Acts of God. Section 5(d) of the
Act states the following: ``The provisions of this Act shall not apply
in any case of casualty or unavoidable accident or the Act of God; nor
where the delay was the result of a cause not known to the carrier or
its officer or agent in charge of the employee at the time said employee
left a terminal, and which could not have been foreseen.'' This passage
is commonly referred to as the ``emergency provision''. Judicial
construction of this sentence has limited the relief which it grants to
situations which are truly unusual and exceptional.
[[Page 285]]
The courts have recognized that delays and operational difficulties are
common in the industry and must be regarded as entirely foreseeable;
otherwise, the Act will provide no protection whatsoever. Common
operational difficulties which do not provide relief from the Act
include, but are not limited to, broken draw bars, locomotive
malfunctions, equipment failures, brake system failures, hot boxes,
unexpected switching, doubling hills and meeting trains. Nor does the
need to clear a main line or cut a crossing justify disregard of the
limitations of the Act. Such contingencies must normally be anticipated
and met within the 12 hours. Even where an extraordinary event or
combination of events occurs which, by itself, would be sufficient to
permit excess service, the carrier must still employ due diligence to
avoid or limit such excess service. The burden of proof rests with the
carrier to establish that excess service could not have been avoided.
Sleeping Quarters. Under the 1976 amendments to the Act it is
unlawful for any common carrier to provide sleeping quarters for persons
covered by the Hours of Service Act which do not afford such persons an
opportunity for rest, free from interruptions caused by noise under the
control of the railroad, in clean, safe, and sanitary quarters. Such
sleeping quarters include crew quarters, camp or bunk cars, and
trailers.
Sleeping quarters are not considered to be ``free from interruptions
caused by noise under the control of the railroad'' if noise levels
attributable to noise sources under the control of the railroad exceed
an Leq(8) value of 55dB(A).
FRA recognizes that camp cars, either because of express limitations
of local codes or by virtue of their physical mobility, cannot, for
practical purposes, be subject to state or local housing, sanitation,
health, electrical, or fire codes. Therefore, FRA is unable to rely upon
state or local authorities to ensure that persons covered by the Act who
reside in railroad-provided camp cars are afforded an opportunity for
rest in ``clean, safe, and sanitary'' conditions. Accordingly, the
guidelines in appendix C to this part 228 will be considered by FRA as
factors to be used in applying the concepts of ``clean,'' ``safe,'' and
``sanitary'' to camp cars provided by railroads for the use of employees
covered by section 2(a)(3) of the Act. Failure to adhere to these
guidelines might interfere with the ordinary person's ability to rest.
Collective Bargaining. The Hours of Service Act prescribes the
maximum permissible hours of service consistent with safety. However,
the Act does not prohibit collective bargaining for shorter hours of
service and time on duty.
Penalty. As amended by the Rail Safety Improvement Act of 1988 and
the Rail Safety Enforcement and Review Act of 1992, the penalty
provisions of the law apply to any person (an entity of any type covered
under 1 U.S.C. 1, including but not limited to the following: a
railroad; a manager, supervisor, official, or other employee or agent of
a railroad; any owner, manufacturer, lessor, or lessee of railroad
equipment, track, or facilities; any independent contractor providing
goods or services to a railroad; and any employee of such owner,
manufacturer, lessor, lessee, or independent contractor), except that a
penalty may be assessed against an individual only for a willful
violation. See appendix A to 49 CFR part 209. For violations that
occurred on September 3, 1992, a person who violates the Act is liable
for a civil penalty, as the Secretary of Transportation deems
reasonable, in an amount not less than $500 nor more than $11,000,
except that where a grossly negligent violation or a pattern of repeated
violations has created an imminent hazard of death or injury to persons,
or has caused death or injury, a penalty not to exceed $22,000 may be
assessed. The Federal Civil Penalties Inflation Adjustment Act of 1990
as amended by the Debt Collection Improvement Act of 1996 required
agencies to increase the maximum civil monetary penalty for inflation.
The amounts increased from $10,000 to $11,000 and from $20,000 to
$22,000 respectively.
Each employee who is required or permitted to be on duty for a
longer period than prescribed by law or who does not receive a required
period of rest represents a separate and distinct violation and subjects
the railroad to a separate civil penalty. In the case of a violation of
section 2(a)(3) or (a)(4) of the Act, each day a facility is in
noncompliance constitutes a separate offense and subjects the railroad
to a separate civil penalty.
In compromising a civil penalty assessed under the Act, FRA takes
into account the nature, circumstances, extent, and gravity of the
violation committed, and, with respect to the person found to have
committed such violation, the degree of culpability, any history of
prior or subsequent offenses, ability to pay, effect on ability to
continue to do business and such other matters as justice may require.
Statute of limitations. No suit may be brought after the expiration
of two years from the date of violation unless administrative
notification of the violation has been provided to the person to be
charged within that two year period. In no event may a suit be brought
after expiration of the period specified in 28 U.S.C. 2462.
Exemptions. A railroad which employs not more than 15 persons
covered by the Hours of Service Act (including signalmen and hostlers)
may be exempted from the law's requirements by the FRA after hearing and
for good cause shown. The exemption must be supported by a finding that
it is in the public interest and will not adversely affect safety.
[[Page 286]]
The exemption need not relate to all carrier employees. In no event may
any employee of an exempt railroad be required or permitted to work
beyond 16 hours continuously or in the aggregate within any 24-hour
period. Any exemption is subject to review at least annually.
[42 FR 27596, May 31, 1977, as amended at 43 FR 30804, July 18, 1978; 53
FR 28601, July 28, 1988; 55 FR 30893, July 27, 1990; 58 FR 18165, Apr.
8, 1993; 61 FR 20495, May 7, 1996; 63 FR 11622, Mar. 10, 1998]
Appendix B to Part 228--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
Willful
Section Violation violation
------------------------------------------------------------------------
Subpart B--Records and Reporting:
228.9 Railroad records.................... $500 $1,000
228.11 Hours of duty records.............. 500 1,000
228.17 Dispatcher's record................ 500 1,000
228.19 Monthly reports of excess service.. 1,000 2,000
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $20,000 for any violation where circumstances warrant. See 49
CFR part 209, appendix A.
[53 FR 52931, Dec. 29, 1988]
Appendix C to Part 228--Guidelines for Clean, Safe, and Sanitary
Railroad Provided Camp Cars
1. Definitions applicable to these Guidelines.
(a) Camp Cars mean trailers and on-track vehicles, including outfit,
camp, or bunk cars or modular homes mounted on flat cars, used to house
or accommodate railroad employees. Wreck trains are not included.
(b) Employee means any worker whose service is covered by the Hours
of Service Act or who is defined as an employee for purposes of section
2(a)(3) of that Act.
(c) Lavatory means a basin or similar vessel used primarily for
washing of the hands, arms, face, and head.
(d) Nonwater carriage toilet facility means a toilet facility not
connected to a sewer.
(e) Number of employees means the number of employees assigned to
occupy the camp cars.
(f) Personal service room means a room used for activities not
directly connected with the production or service function performed by
the carrier establishment. Such activities include, but are not limited
to, first-aid, medical services, dressing, showering, toilet use,
washing, and eating.
(g) Potable water means water that meets the quality standards
prescribed in the U.S. Public Health Service Drinking Water Standards,
published at 42 CFR part 72, or is approved for drinking purposes by the
State or local authority having jurisdiction.
(h) Toilet facility means a fixture maintained within a toilet room
for the purpose of defecation or urination, or both.
(i) Toilet room means a room maintained within or on the premises
containing toilet facilities for use by employees.
(j) Toxic material means a material in concentration or amount of
such toxicity as to constitute a recognized hazard that is causing or is
likely to cause death or serious physical harm.
(k) Urinal means a toilet facility maintained within a toilet room
for the sole purpose of urination.
(l) Water closet means a toilet facility maintained within a toilet
room for the purpose of both defecation and urination and which is
flushed with water.
(m) Leq (8) means the equivalent steady sound level which in 8 hours
would contain the same acoustic energy as the time-varying sound level
during the same time period.
2. Housekeeping.
(a) All camp cars should be kept clean to the extent that the nature
of the work allows.
(b) To facilitate cleaning, every floor, working place, and
passageway should be kept free from protruding nails, splinters, loose
boards, and unnecessary holes and openings.
3. Waste Disposal.
(a) Any exterior receptacle used for putrescible solid or liquid
waste or refuse should be so constructed that it does not leak and may
be thoroughly cleaned and maintained in a sanitary condition. Such a
receptacle should be equipped with a solid tight-fitting cover, unless
it can be maintained in a sanitary condition without a cover. This
requirement does not prohibit the use of receptacles designed to permit
the maintenance of a sanitary condition without regard to the
aforementioned requirements.
(b) All sweepings, solid or liquid wastes, refuse, and garbage
should be removed in such a manner as to avoid creating a menace to
health and as often as necessary or appropriate to maintain a sanitary
condition.
4. Vermin Control.
[[Page 287]]
(a) Camp cars should be so constructed, equipped, and maintained, so
far as reasonably practicable, as to prevent the entrance or harborage
of rodents, insects, or other vermin. A continuing and effective
extermination program should be instituted where their presence is
detected.
5. Water Supply.
(a) Potable water. (1) Potable water should be adequately and
conveniently provided to all employees in camp cars for drinking,
washing of the person, cooking, washing of foods, washing of cooking or
eating utensils, washing of food preparation or processing premises, and
personal service rooms where such facilities are provided.
(2) Potable drinking water dispensers should be designed,
constructed, and serviced so that sanitary conditions are maintained,
should be capable of being closed, and should be equipped with a tap.
(3) Open containers such as barrels, pails, or tanks for drinking
water from which the water must be dipped or poured, whether or not they
are fitted with a cover, should not be used.
(4) A common drinking cup and other common utensils should not be
used.
(b) The distribution lines should be capable of supplying water at
sufficient operating pressures to all taps for normal simultaneous
operation.
6. Toilet facilities.
(a) Toilet facilities. (1) Toilet facilities adequate for the number
of employees housed in the camp car should be provided in convenient and
safe location(s), and separate toilet rooms for each sex should be
provided in accordance with table l of this paragraph. The number of
facilities to be provided for each sex should be based on the number of
employees of that sex for whom the facilities are furnished. Where
toilet rooms will be occupied by no more than one person at a time, can
be locked from the inside, and contain at least one water closet or
nonwater carriage toilet facility, separate toilet rooms for each sex
need not be provided. Where such single-occupancy rooms have more than
one toilet facility, only one such facility in each toilet room should
be counted for the purpose of table 1.
Table 1
------------------------------------------------------------------------
Minimum No. of
No. of employees toilet
facilities \1\
------------------------------------------------------------------------
1 to 10................................................. 1
11 to 25................................................ 2
26 to 49................................................ 3
50 to 100............................................... 5
Over 100................................................ \2\
------------------------------------------------------------------------
\1\ Where toilet facilities will not be used by women, urinals may be
provided instead of water closets or nonwater carriage toilet
facilities, except that the number of water closets or facilities in
such cases should not be reduced to less than \2/3\ of the minimum
specified.
\2\ One additional fixture for each additional 25 employees.
(2) When toilet facilities are provided in separate cars, toilet
rooms should have a window space of not less than 6 square feet in area
opening directly to the outside area or otherwise be satisfactorily
ventilated. All outside openings should be screened with material that
is equivalent to or better than 16-mesh. No fixture, water closet,
nonwater carriage toilet facility or urinal should be located in a
compartment used for other than toilet purposes.
(3) The sewage disposal method should not endanger the health of
employees.
(b) Construction of toilet rooms. (1) Each water closet should
occupy a separate compartment with a door and walls or partitions
between fixtures sufficiently high to assure privacy.
(2) Nonwater carriage toilet facilities should be located within 50
feet, but as far as practical on the same side of the track on which
camp cars are sited.
(3) Each toilet facility should be lighted naturally, or
artificially by a safe type of lighting available at all hours of the
day and night. Flashlights can be substituted by the railroad when
nonwater carriage toilet facilities are used.
(4) An adequate supply of toilet paper should be provided in each
water closet, or nonwater carriage toilet facility, unless provided to
the employees individually.
(5) Toilet facilities should be kept in a clean and sanitary
condition. They should be cleaned regularly when occupied. In the case
of nonwater carriage toilet facilities, they should be cleaned and
changed regularly.
7. Lavatories.
(a) Lavatories should be made available to all rail employees housed
in camp cars.
(b) Each lavatory should be provided with either hot and cold
running water or tepid running water.
(c) Unless otherwise provided by agreement, hand soap or similar
cleansing agents should be provided.
(d) Unless otherwise provided by agreement, individual hand towels
or sections thereof, of cloth or paper, warm air blowers or clean
individual sections of continuous cloth toweling, convenient to the
lavatories, should be provided.
(e) One lavatory basin per six employees should be provided in
shared facilities.
[[Page 288]]
8. Showering facilities.
(a) Showering facilities should be provided in the following ratio:
one shower should be provided for each 10 employees of each sex, or
numerical fraction thereof, who are required to shower during the same
shift.
(b) Shower floors should be constructed of non-slippery materials.
Floor drains should be provided in all shower baths and shower rooms to
remove waste water and facilitate cleaning. All junctions of the curbing
and the floor should be sealed. The walls and partitions of shower rooms
should be smooth and impervious to the height of splash.
(c) An adequate supply of hot and cold running water should be
provided for showering purposes. Facilities for heating water should be
provided.
(d) Showers. 1. Unless otherwise provided by agreement, body soap or
other appropriate cleansing agent convenient to the showers should be
provided.
2. Showers should be provided with hot and cold water feeding a
common discharge line.
3. Unless otherwise provided by agreement, employees who use showers
should be provided with individual clean towels.
9. Kitchens, dining hall and feeding facilities.
(a) In all camp cars where central dining operations are provided,
the food handling facilities should be clean and sanitary.
(b) When separate kitchen and dining hall cars are provided, there
should be a closable door between the living or sleeping quarters into a
kitchen or dining hall car.
10. Consumption of food and beverages on the premises.
(a) Application. This paragraph should apply only where employees
are permitted to consume food or beverages, or both, on the premises.
(b) Eating and drinking areas. No employee should be allowed to
consume food or beverages in a toilet room or in any area exposed to a
toxic material.
(c) Sewage disposal facilities. All sewer lines and floor drains
from camp cars should be connected to public sewers where available and
practical, unless the cars are equipped with holding tanks that are
emptied in a sanitary manner.
(d) Waste disposal containers provided for the interior of camp
cars. An adequate number of receptacles constructed of smooth, corrosion
resistant, easily cleanable, or disposable materials, should be provided
and used for the disposal of waste food. Receptacles should be provided
with a solid tightfitting cover unless sanitary conditions can be
maintained without use of a cover. The number, size and location of such
receptacles should encourage their use and not result in overfilling.
They should be emptied regularly and maintained in a clean and sanitary
condition.
(e) Sanitary storage. No food or beverages should be stored in
toilet rooms or in an area exposed to a toxic material.
(f) Food handling. (1) All employee food service facilities and
operations should be carried out in accordance with sound hygienic
principles. In all places of employment where all or part of the food
service is provided, the food dispensed should be wholesome, free from
spoilage, and should be processed, prepared, handled, and stored in such
a manner as to be protected against contamination.
(2) No person with any disease communicable through contact with
food or food preparation items should be employed or permitted to work
in the preparation, cooking, serving, or other handling of food,
foodstuffs, or materials used therein, in a kitchen or dining facility
operated in or in connection with camp cars.
11. Lighting. Each habitable room in a camp car should be provided
with adequate lighting.
12. First Aid. Adequate first aid kits should be maintained and made
available for railway employees housed in camp cars for the emergency
treatment of injured persons.
13. Shelter.
(a) Every camp car should be constructed in a manner that will
provide protection against the elements.
(b) All steps, entry ways, passageways and corridors providing
normal entry to or between camp cars should be constructed of durable
weather resistant material and properly maintained. Any broken or unsafe
fixtures or components in need of repair should be repaired or replaced
promptly.
(c) Each camp car used for sleeping purposes should contain at least
48 square feet of floor space for each occupant. At least a 7-foot
ceiling measured at the entrance to the car should be provided.
(d) Beds, cots, or bunks and suitable storage facilities such as
wall lockers or space for foot lockers for clothing and personal
articles should be provided in every room used for sleeping purposes.
Except where partitions are provided, such beds or similar facilities
should be spaced not closer than 36 inches laterally (except in modular
units which cannot be spaced closer than 30 inches) and 30 inches end to
end, and should be elevated at least 12 inches from the floor. If
double-deck bunks are used, they should be spaced not less than 48
inches both laterally and end to end. The minimum clear space between
the lower and upper bunk should be not less than 27 inches. Triple-deck
bunks should not be used.
(e) Floors should be of smooth and tight construction and should be
kept in good repair.
(f) All living quarters should be provided with windows the total of
which should be not less than 10 percent of the floor area. At least
one-half of each window designed to be opened should be so constructed
that it can
[[Page 289]]
be opened for purposes of ventilation. Durable opaque window coverings
should be provided to reduce the entrance of light during sleeping
hours.
(g) All exterior openings should be effectively screened with 16-
mesh material. All screen doors should be equipped with self-closing
devices.
(h) In a facility where workers cook, live, and sleep, a minimum of
90 square feet per person should be provided. Sanitary facilities should
be provided for storing and preparing food.
(i) In camp cars where meals are provided, adequate facilities to
feed employees within a 60-minute period should be provided.
(j) All heating, cooking, ventilation, air conditioning and water
heating equipment should be installed in accordance with applicable
local regulations governing such installations.
(k) Every camp car should be provided with equipment capable of
maintaining a temperature of at least 68 degrees F. during normal cold
weather and no greater than 78 degrees F., or 20 degrees below ambient,
whichever is warmer, during normal hot weather.
(l) Existing camp cars may be grandfathered so as to only be subject
to subparagraphs (c), (d), (f), (h), and (k), in accordance with the
following as recommended maximums:
13 (c), (d), and (h)--by January 1, 1994.
13(f)--Indefinitely insofar as the ten percent (10%) requirement for
window spacing is concerned.
13(k)--by January 1, 1992.
14. Location. Camp cars occupied exclusively by individuals employed
for the purpose of maintaining the right-of-way of a railroad should be
located as far as practical from where ``switching or humping
operations'' of ``placarded cars'' occur, as defined in 49 CFR 228.101
(c)(3) and (c)(4), respectively. Every reasonable effort should be made
to locate these camp cars at least one-half mile (2,640 feet) from where
such switching or humping occurs. In the event employees housed in camp
cars located closer than one-half mile (2,640 feet) from where such
switching or humping of cars takes place are exposed to an unusual
hazard at such location, the employees involved should be housed in
other suitable accommodations. An unusual hazard means an unsafe
condition created by an occurrence other than normal switching or
humping.
15. General provisions. (a) Sleeping quarters are not considered to
be ``free of interruptions caused by noise under the control of the
railroad'' if noise levels attributable to noise sources under the
control of the railroad exceed an Leq (8) value of 55 dB(A), with
windows closed and exclusive of cooling, heating, and ventilating
equipment.
(b) A railroad should, within 48 hours after notice of noncompliance
with these recommendations, fix the deficient condition(s). Where
holidays or weekends intervene, the railroad should fix the condition
within 8 hours after the employees return to work. In the event such
condition(s) affects the safety or health of the employees, such as
water, cooling, heating or eating facilities, the railroad should
provide alternative arrangements for housing and eating until the
noncomplying condition is fixed.
[55 FR 30893, July 27, 1990]