§ 246.203 Retaining information supporting determinations. ( a ) After FRA approves a railroad's signal employee certification program, any time the railroad issues, denies, or revokes a certificate after making the determinations required under § 246.109, it shall maintain a record for each certified signal employee and certification candidate. Each record shall contain the information, described in paragraph (b) of this section, that the railroad relied on in making the determinations required under § 246.109.
( b ) A railroad shall retain the following information: ( 1 ) Relevant data from the railroad's records concerning the person's prior safety conduct and eligibility;
( 2 ) Relevant data furnished by another railroad;
( 3 ) Relevant data furnished by a governmental agency concerning the person's motor vehicle driving record;
( 4 ) Relevant data furnished by the person seeking certification concerning their eligibility;
( 5 ) The relevant test results data concerning visual and hearing acuity;
( 6 ) If applicable, the relevant data concerning the professional opinion of the railroad's medical examiner on the adequacy of the person's visual or hearing acuity;
( 7 ) Relevant data from the railroad's records concerning the person's success or failure on knowledge test(s) under § 246.121;
( 8 ) A sample copy of the written knowledge test or tests administered; and
( 9 ) The relevant data from the railroad's records concerning the person's success or failure on unannounced tests the railroad performed to monitor the person's performance in accordance with § 246.123.
( c ) If a railroad is relying on successful completion of a training program conducted by another entity, the relying railroad shall maintain a record for each certification candidate that contains the relevant data furnished by the training entity concerning the person's demonstration of knowledge relied on by the railroad in making its determinations.
( d ) If a railroad is relying on a certification decision initially made by another railroad, the relying railroad shall maintain a record for each certification candidate that contains the relevant data furnished by the other railroad which it relied on in making its determinations.
( e ) All records required under this section shall be retained by the railroad for a period of six years from the date of the certification, recertification, denial, or revocation decision and shall, upon request, be made available to FRA representatives in a timely manner.
( f ) It shall be unlawful for any railroad to knowingly or any individual to willfully: ( 1 ) Make, cause to be made, or participate in the making of a false entry on the record(s) required by this section; or
( 2 ) Otherwise falsify such records through material misstatement, omission, or mutilation.
( g ) Nothing in this section precludes a railroad from maintaining the information required to be retained under this section in an electronic format provided that: ( 1 ) The railroad maintains an information technology security program adequate to ensure the integrity of the electronic data storage system, including the prevention of unauthorized access to the program logic or individual records;
( 2 ) The program and data storage system must be protected by a security system that utilizes an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards: ( i ) No two individuals have the same electronic identity; and
( ii ) A record cannot be deleted or altered by any individual after the record is certified by the employee who created the record;
( 3 ) Any amendment to a record is either: ( i ) Electronically stored apart from the record that it amends; or
( ii ) Electronically attached to the record as information without changing the original record;
( 4 ) Each amendment to a record uniquely identifies the person making the amendment; and
( 5 ) The system employed by the railroad for data storage permits reasonable access and retrieval of the information which can be easily produced in an electronic or printed format that can be: ( i ) Provided to FRA representatives in a timely manner; and
( ii ) Authenticated by a designated representative of the railroad as a true and accurate copy of the railroad's records if requested to do so by an FRA representative.