justicedao/ipfs_state_laws huggingface dataset:
741-060-0102 Removal of Equipment from Service (1) In the event an inspector determines equipment does not conform to its standards and that it would be unsafe for further service the inspector will issue a Notice for Repair to the RTA’s Accountable Executive that the equipment is not in serviceable condition. The Notice will describe the defect or defects that cause the equipment to be in an unserviceable condition. (a) Before such a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT concerning the issuance of a Notice for Repair removing the equipment from service. (b) The inspector will provide notice, in the form of a written order, to the RTA’s Accountable Executive, and to other RTA staff as appropriate, ordering the RTA to remove the equipment from service, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the transit agency must remove the equipment from service until it has been restored to serviceable condition. (d) Upon restoration of the equipment, the RTA shall provide written notice to the SSOA indicating that the equipment has been restored to serviceable condition, and the SSOA will inspect the equipment to confirm that the equipment is serviceable. (e) Until repairs to the equipment have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the equipment must remain out of service. (f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the equipment to service. In the alternative, if the SSOA finds that the equipment is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required. (2) Any challenge to the Notice for Repair or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: 824.045, ORS 183.745 & 824.045 History: RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017
741-060-0103 Removal of Track from Service (1) When an inspector finds track conditions that require the issuance of a Notice for Repair removing the track from service, the inspector will issue the Notice to the RTA’s Accountable Executive. The notice will set out the conditions found by the inspector and specify the location of defects on the affected track segment. (a) Before a Notice is issued, the inspector will prepare a recommendation to the Manager of Rail Safety, ODOT, Commerce and Compliance Division, concerning the issuance of a Special Notice for Repair removing the affected track from service. (b) The inspector will provide notice, in the form of a Notice for Repair, to the RTA’s accountable executive, and to other RTA staff as appropriate, ordering the RTA to remove the track from service, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the transit agency must remove the affected track from service, until it has been restored to serviceable condition. (d) Upon completion of repairs, the RTA shall notify SSOA, and the SSOA inspector will inspect the track to verify that appropriate and sufficient repairs have been made to the track. (e) Until repairs to the track have been made to the satisfaction of the SSOA to eliminate any imminent safety hazard or other safety condition, the track must remain out of service. (f) Upon approval of the RTA’s restoration, SSOA will provide written approval authorizing the RTA to return the track to service. In the alternative, if the SSOA finds that the track is not ready to return to service, the SSOA will provide written notice to the RTA indicating the matter has not been resolved, that the removal from service condition shall remain, and that additional restoration by the RTA is required. (2) Any challenge to the Notice for Repair or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017
741-060-0105 Civil Penalties (1) In addition to all other penalties provided by law, any RTA that violates or who procures, aids or abets in the violation of federal statutes or rules, state statutes, OAR 741-060-0010 through 741-060-0107, or any order, rule or decision of the SSOA, or the RTA’s own safety plan(s), rules, policies, and standard operating procedures, shall be subject to the imposition of a civil penalty of not more than $1,000 for every such violation, pursuant to ORS 824.990. (2) Each such violation will be a separate offense and, in the case of a continuing violation every day’s continuance is a separate violation. Every act of commission or omission that aids or abets in the violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section. (3) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017
741-060-0107 Individual Liability (1) Civil penalties are applicable to any person, including an RTA manager, supervisor, official, or other employee or agent of the RTA, who fails to comply with the RTA’s safety plan(s), rules, policies, and standard operating procedures or state or federal statutes and regulations. However, penalties may be assessed against individuals only for willful violations. Willful violations are those that are: (a) Intentional, voluntary, and committed with knowledge of the relevant law, or with reckless disregard for whether the act violated the requirements of the law; or (b) Committed with reckless disregard for whether the act violated the law. (2) In addition to all other penalties provided by law, every person who willfully violates or who procures, aids or abets in the willful violation of federal statutes or rules, state statutes or administrative rules, or the RTA’s own safety plan(s), rules, policies, safety standards, or standard operating procedures, will incur a civil penalty of not more than $1,000 for every such willful violation, pursuant to ORS 824.990, to be assessed against said person. (3) Each such willful violation shall be a separate offense and in case of a continuing willful violation, every day’s continuance is a separate offense. Every act of commission or omission that aids or abets in the willful violation is a violation under subsection (1) of this section and subject to the penalty provided in subsection (1) of this section. (4) Civil penalties imposed under subsection (1) of this section shall be imposed in the manner provided in ORS Chapter 183. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 1-2021, amend filed 07/19/2021, effective 07/19/2021 RD 1-2017, adopt filed 09/27/2017, effective 09/27/2017
741-065-0070 Requirements for Internal Reviews (1) Over a three year period, the RTA must conduct on-going internal reviews that cover all the elements its safety, security and emergency preparedness and response plans to evaluate the compliance and measure the effectiveness of the plans. (2) The internal reviews referenced in the plans must described the process used by the RTA to ensure that planned and scheduled internal reviews are performed to evaluate compliance with the plans. The description must include: (a) Identification of departments and functions subject to review; (b) Responsibility for scheduling reviews; (c) The process for conducting reviews, including the development of checklists and the issuing of reports and findings resulting from the reviews; and (d) Tracking the status of findings. (3) The RTA shall notify the SSOA at least 30 days prior to any planned internal reviews. The RTA shall submit to the SSOA copies of the checklists and procedures it will use for the review, at the time of notification. (4) Each internal review must be performed in accordance with the written checklist by personnel technically qualified to verify compliance and assess the effectiveness of the plan components being reviewed. The reviewers may be organizationally assigned to the unit responsible for the activity being reviewed, but they must be independent from the first line of supervision responsible for performing the activity being reviewed, i.e., the person responsible for the activity being reviewed is not permitted to conduct the internal review nor is their supervisor. It must be someone without primary responsibility for the task. Within 30 days of completion of each internal review the RTA must produce and submit a written report to SSOA detailing the results of the internal review. (5) Internal reviews must be documented in an annual report that covers the reviews performed and the results of each review in terms of the adequacy and effectiveness of the plans. The annual report for the internal reviews performed during the preceding year must be submitted to the SSOA prior to the 15th of February of each year, pursuant to OAR 741-065-0078(3). (6) Each RTA shall conduct an annual review of its System Safety Program Plan, System Security Plan and Emergency Preparedness and Response Plan. (7) Each RTA shall provide to the SSOA the process and timeline for conducting an annual review and update of the plan. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0074 Inspections (1) The SSOA has authority to conduct announced and unannounced inspections of an RTA at any time. An RTA must allow access to any SSOA inspector who presents valid identification. (2) These inspections may include, but are not limited to, field inspections and observations along the alignment, on and around the RTA’s vehicles, infrastructure, at stations, platforms, rail yards, maintenance and other facilities. It may include review of activities, work practices, training, maintenance, safety and security records, rule compliance, and any other documents deemed by the SSOA to be relevant to the safety of the system. (3) An inspector will complete an inspection report which will include information regarding whether defects or violations observed in the field necessitate the development of a corrective action plan. When completing the inspection report, the inspector will mark any boxes designating whether a corrective action plan is required or if, in the inspector’s opinion, a violation should result in a civil penalty. (4) The completed inspection report will be provided to the RTA by the inspector within 24 hours of the inspection. (5) The RTA receiving the inspection form marked as requiring a corrective action shall complete the form as directed and return to the inspector within 30 days of receipt. The corrective action plan must be developed in accordance with the process delineated in OAR 741-065-0072. (6) If an inspector determines a violation requires the issuance of a civil penalty, that process will be handled as detailed in OAR 741-065-0105. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0076 Hazard Management Process (1) The RTA shall develop and document as a part of its System Safety Program Plan a process to identify and evaluate safety risks and resolve hazards throughout all elements of the system, including the engineering and construction phase of any system, and including any hazards resulting from subsequent system extensions or modifications, operational changes, or other changes. (2) The hazard management process must, at a minimum: (a) Define the RTA’s approach to safety risk identification and evaluation, hazard management and the implementation of an integrated system-wide hazard resolution process; (b) Specify the sources of, and the mechanisms to support, the on-going identification of hazards and safety risks; (c) Define the process by which the identified hazard(s) and risks will be evaluated and prioritized for elimination or control; (d) Detail the strategies designed to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions; (e) Identify the mechanism used to track through to resolution the identified hazard(s); (f) Define minimum thresholds for the notification and reporting of hazard(s) to the SSOA; (g) Specify the process by which the RTA will provide on-going reporting of hazard resolution activities to the SSOA. (3) The RTA shall report any other hazards, as determined by the SSOA, resulting from inspections, investigations, audits or other reviews or observations that the SSOA determines to be a safety issue. Statutory/Other Authority: ORS 184.619, ORS 192.502, ORS 823.011, 824.045, ORS 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0090 Requirements for Investigating Accidents (1) Each RTA shall investigate accidents that meet the notification threshold as set forth in OAR 741-065-0078(3). The RTA may use its own staff or a contractor to conduct investigations. (2) Upon completion of their accident investigation, the RTA shall submit to the SSOA a draft investigation report that includes the causal and contributing factors to the accident, and sets forth a correction action plan, in compliance with OAR 741-065-0072, as necessary or appropriate; (3) For incidents or occurrences that the SSOA requires be investigated, the investigation may consist of an operator report, supervisor reports, and a review of hours of service records. These documents in combination may be considered the draft investigation report, subject to SSOA review and approval. (4) If the SSOA concurs with the findings of the draft investigation report, it will be deemed a final report and the SSOA will formally adopt it in writing. If the SSOA does not concur with the findings of the draft investigation report, it may conduct its own investigation or transmit its dissent to the findings and negotiate with the RTA until a resolution on the findings is reached. (5) The SSOA reserves the right to conduct an independent investigation of any accident at its discretion. (6) The RTA shall submit to the SSOA for review and approval a copy of its accident investigation procedures. Any subsequent modifications and revisions to the procedure(s) covering RTA accidents must be submitted to the SSOA for review and approval prior to implementation. (7) The RTA shall cooperate fully during any investigation conducted by the SSOA, FTA or the NTSB. All NTSB findings or recommendations that are adopted by the SSOA shall be implemented by the RTA. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0092 Use of Personal Electronic Devices (1) An RTA employee or its contractor may use an agency-supplied electronic device only for an authorized business purpose as specified by the RTA in writing. (2) An RTA employee or its contractor shall not use a personal electronic device while performing safety sensitive duties or if that use would interfere with that employee’s or another RTA employee’s performance of safety sensitive duties. (3) An RTA employee or its contractor must have each personal electronic device turned off, with any earpiece removed from the ear. Personal electronic device will not be permitted to be used by an RTA employee while in the cab of a rail transit vehicle. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, ORS 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0094 Minimum Safety Standards Each RTA shall establish, implement and enforce minimum safety standards for the construction and maintenance of track and equipment. The standards and any subsequent changes must be submitted to the SSOA prior to implementation. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0100 Hours of Service (1) Each RTA shall establish, implement and enforce an hours-of-service policy for its safety sensitive employees. The policy and any subsequent changes must be reviewed and approved by the SSOA. (2) The policy must prohibit a safety sensitive employee from: (a) Performing work in excess of the daily maximum hours allowed; (b) Remaining on duty in excess of the daily maximum hours on duty; (c) Performing work in excess of the maximum hours of cumulative on-duty time permitted during a calendar month; (d) Performing work in excess of the maximum consecutive days without a rest day; or (e) Going on duty until the employee has had the minimum required number of consecutive hours off. (f) The policy must contain a process governing the declaration, administration and notification of the SSOA related to a temporary waiving of the hours of service limitations under certain situations. When a situation requiring the extended service of a safety sensitive employee occurs which is both unforeseeable and beyond the control of the RTA, the employee may be on duty in excess of the allotted hours. These situations are limited to severe winter storms, public emergencies like an earthquake or fire, and accidents or security breaches beyond the control of the RTA. During situations in which hours of service are temporarily waived, extended service of safety sensitive employees must be limited to the extent practical and monitored by the RTA. (g) In the event of comingled service the safety sensitive employee shall be subject to the most restrictive RTA hours-of-service policy based upon the safety sensitive function(s) being performed. (3) The RTA shall maintain hours-of-service records for safety sensitive employees for a period of three years, and upon request, make such records available to the SSOA for review. (4) The RTA shall notify the SSOA whenever a safety sensitive employee is not in compliance with the hours-of-service policy. The RTA shall notify the SSOA of the non-compliance by electronic mail, and shall do so within 30 days following the end of the calendar month in which it occurred. The notification required under this section must contain: (a) The employee’s identification number; (b) The employee’s work title; (c) The type of violation; (d) The schedule of work and rest for the period of 72 hours prior to the infraction; and (e) A description of the circumstances of the specific violation. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021
741-065-0101 Emergency Suspension of Service (1) The SSOA inspector may issue a Notice of Emergency Suspension of Service to an RTA in the event the inspector becomes aware of a situation or condition that could result in serious injury or death. (2) In the event of a determination by the inspector that an emergency suspension of revenue service is necessary, the following protocols will be followed: (a) Before a Notice of Emergency Suspension of Service is issued, the inspector will prepare a recommendation to the Manager of Rail Safety of the Commerce and Compliance Division of ODOT concerning the issuance of a Special Notice directing the RTA to cease revenue service on a particular transit vehicle or line, or system-wide. (b) The inspector will provide notice, in the form of a written order, to the RTA’s General Manager and to other RTA staff as appropriate, ordering the RTA to cease revenue service on a particular transit vehicle or line, or system-wide, and identifying the reason(s) for the demand. (c) Upon receipt of the Notice, the RTA must immediately suspend its revenue service as directed by the Notice, begin to take steps to remediate the reason for the emergency suspension and inform the inspector of the actions taken to remediate the violation, deficiency, or safety issue. (d) Upon resolution of the violation, deficiency, or safety issue, the RTA shall provide written notice to the inspector indicating that the violation, deficiency, or safety issue has been resolved and the inspector shall verify the resolution to confirm the violation, deficiency, or safety issue has been adequately resolved. (e) Upon verification of the RTA’s remediation, the inspector will provide written approval authorizing the RTA to resume revenue service. In the alternative, if the inspector finds that the violation, deficiency, or safety issue has not been adequately resolved, the inspector will provide written notice to the RTA indicating that the matter has not been resolved, that the suspension will continue and that additional remediation by the RTA is required. (3) Any challenge to the notice and order of emergency suspension or appeal of SSOA’s determination that the violation, deficiency, or safety issue has not been resolved will be handled as a contested case pursuant to the Oregon Administrative Procedures Act, ORS 183.411 to 183.471. Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 15 & 49 CFR 1520 Statutes/Other Implemented: ORS 183.745 & 824.045 History: RD 2-2021, adopt filed 07/19/2021, effective 07/19/2021