[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67433-67434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21497]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Safety Advisory 2023-06; Roadway Maintenance Machines--Importance 
of Clear Communications and Compliance With Applicable Rules and 
Procedures

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of safety advisory.

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SUMMARY: FRA is issuing Safety Advisory 2023-06 to emphasize the 
importance of rules and procedures regarding the safety of roadway 
workers who operate or work near roadway maintenance machines (RMM). 
This safety advisory recommends that railroads and contractors review 
and update their rules regarding the safety of roadway workers who 
operate or work near RMMs, communicate those changes to their 
employees, and monitor their employees for compliance with existing 
rules and procedures and

[[Page 67434]]

updated rules and procedures, if implemented. In addition, this safety 
advisory recommends that railroads and contractors conduct additional 
safety briefings to raise workers' awareness of the hazards associated 
with operating and working around RMMs.

FOR FURTHER INFORMATION CONTACT: Yu-Jiang Zhang, Staff Director, Track 
and Structures Division, Office of Railroad Safety, FRA, 1200 New 
Jersey Avenue SE, Washington, DC 20590, telephone (202) 493-6460.
    Disclaimer: This Safety Advisory is considered guidance pursuant to 
DOT Order 2100.6A (June 7, 2021). Except when referencing laws, 
regulations, policies, or orders, the information in this Safety 
Advisory does not have the force and effect of law and is not meant to 
bind the public in any way. This document does not revise or replace 
any previously issued guidance.

SUPPLEMENTARY INFORMATION: 

Background

    FRA is concerned about the incidents in the past few years 
resulting in fatalities of two roadway workers struck by RMMs on main 
line track. Information regarding these incidents, discussed below, is 
based on FRA's preliminary findings and the respective railroad's 
latest reporting. This safety advisory is not intended to attribute a 
cause to these incidents or place responsibility for these incidents on 
the acts or omissions of any person or entity.
    The following is a summary of the circumstances involved in the 
incidents:
    In August 2023, an RMM struck and fatally injured a contractor 
working on the Housatonic Railroad Company's main line. FRA's 
preliminary investigation shows that at the time of his injury, the 
contractor was part of a four-person work group. The work group 
consisted of two machine operators (each operating an RMM) and two 
roadway workers (each working on one of the RMMs). Before the incident, 
one of the RMMs (RMM-1) left the work area and traveled south to 
conduct repairs.
    While waiting for RMM-1 to return, the remaining two roadway 
workers on the other RMM (RMM-2), including the worker who was 
subsequently fatally injured, dismounted RMM-2 to clear ballast away 
from the tie plates in preparation for the drilling and lag screw 
installation. One roadway worker used his hands to remove the ballast, 
while the other used a backpack blower. When RMM-1 returned to the work 
site, the worker using the backpack blower did not clear the track and 
was struck by RMM-1 when he did not respond to its approach.
    In December 2021, a contractor working on the Norfolk Southern (NS) 
was fatally injured when struck by an RMM while working on the main 
line. The contractor was working with an NS rail gang and was marking 
rail for pickup and had started walking in the gauge of the track when 
the machine operator of the RMM made a backup move. The machine 
operator did not see the contractor walking in the gauge of the track 
and struck the contractor.
    These incidents represent the worst-case scenario that can occur 
when roadway workers are working on or near RMMs. These incidents 
highlight the need for railroads to examine their rules and procedures 
for protecting roadway workers who operate or work near RMMs.

Recommendations

    In light of the above discussion, FRA recommends that railroads and 
railroad contractors:
    1. Review, update, and communicate applicable rules and procedures 
related to the operation of RMMs to ensure the safety of roadway 
workers who operate and work with or around the machines.
    2. Increase monitoring of roadway workers, railroad employees, and 
contractors for compliance with all existing applicable rules and 
procedures (and any updated rules and procedures to result from 
paragraph (1)), particularly those involving the operation of RMMs and 
roadway workers working on and in the vicinity of RMMs.
    3. Conduct additional safety briefings to raise workers' awareness 
of the hazards associated with operating and working around RMMs.
    FRA encourages all railroad industry members to take actions 
consistent with the recommendations of this Safety Advisory. FRA may 
modify this Safety Advisory, issue additional safety advisories, or 
take other appropriate action necessary to ensure the highest level of 
safety on the Nation's railroads, including pursuing other corrective 
measures under its rail safety authority.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-21497 Filed 9-28-23; 8:45 am]
BILLING CODE 4910-06-P