reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0035

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011, RS
				  824.045
Stats. Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0040 - Monitoring Requirement for Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Monitoring the PTASP
(a) The SSOA will approve, oversee and
			 enforce the implementation of and compliance with the PTASP.
(b) At least once every three years, either
			 at one time or over a three year period, the SSOA or its contractor shall
			 conduct an audit of the implementation of each RTA's PTASP to verify compliance
			 with, implementation of, and evaluate the effectiveness of, the plan.
(c) Following each on-site audit, the SSOA or
			 its contractor shall prepare a written report of its findings and
			 recommendations, and the need, if any, for updating or revising the PTASP. If
			 the report identifies deficiencies for which a corrective action plan (CAP) is
			 required, the RTA shall submit a CAP to the SSOA within 30 days after receiving
			 the report, or within a different time period if specified by the SSOA. The CAP
			 must comply with the requirements in OAR 741-060-0072.
(d) The SSOA has primary responsibility for
			 the investigation of any allegation of noncompliance with the PTASP. These
			 responsibilities do not preclude the FTA administrator from exercising his or
			 her authority under
			 49 U.S.C.
			 5329 or  49 U.S.C. 5330.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0050

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.045
Stats. Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.045
Stats. Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0070 - Requirements for Internal Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Annually, the RTA must conduct a minimum
			 of five internal reviews that cover any aspect of the safety of its rail fixed
			 guideway public transportation system to evaluate the implementation,
			 execution, compliance with and effectiveness of its PTASP and its Emergency
			 Preparedness and Response Plan;
(2)
			 The RTA is required to include an internal review of rules compliance
			 activities as outlined in an RTA Competency Management System or Rules
			 Compliance Program. Additionally, the RTA is required to include an internal
			 review of its configuration management activities as outlined in an RTA
			 Configuration Management Plan. The description of these reviews 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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0072 - Corrective Action Plan (CAP) Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each RTA that operates a RFGPTS shall
			 prepare a CAP as required by this rule.
(2) Each RTA must develop a CAP for the
			 following:
(a) Hazards identified by the RTA
			 or SSOA as Unacceptable or Undesirable using a Hazard Risk Index of the RTA's
			 choice, as long as SSOA has approved the Risk Index's use.
(b) New and previously unknown hazards that
			 rank as Unacceptable or Undesirable, using an approved Hazard Risk Index, that
			 are identified during an investigation and which cannot be rectified
			 immediately, and any action that will either take additional time or require a
			 change.
(c) Hazards or deficiencies
			 identified through inspections, internal or external safety audits, and
			 reviews, emergency drills or exercises, or reviews of events that the safety
			 risk management process identifies as Unacceptable or Undesirable using a
			 Hazard Risk Index.
(d) Causal and
			 contributing factors identified during an investigation that are determined by
			 the RTA or SSOA to require corrective action(s).
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0074

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.045 & 824.990
Statutes/Other Implemented: 824.045 &
				  183.745
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0076 - Safety Risk Management Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The RTA shall develop and document as a
			 part of its PTASP a Safety Risk Management Process to identify, assess,
			 mitigate and resolve hazards for all elements of its public transportation
			 system, including the engineering and construction phase of any new system
			 extension or modification.
(2) Each
			 RTA that operates a RFGPTS shall use a Hazard Risk Index to determine
			 classification of a hazard in terms of severity and probability. The RTA may
			 develop its own Hazard Risk Index or utilize already established standards.
			 Each RTA shall submit their initial Hazard Risk Index and subsequent revisions
			 to SSOA for review and approval.
(3) The Safety Risk Management Process must,
			 at a minimum:
(a) Establish methods or
			 processes to report, identify and assess the safety risks and consequences of
			 identified hazards;
(b) Use, as a
			 source for hazard identification, data and information provided by an oversight
			 authority and the FTA;
(c) Include
			 an assessment of the consequences and severity of the hazard including existing
			 mitigations and prioritization of the hazards based on the safety
			 risk;
(d) Establish methods or
			 processes to identify mitigations or strategies necessary as a result of the
			 agency's safety risk assessment to reduce the likelihood and severity of the
			 consequences.
(e) Develop and
			 implement a safety assurance process to monitor its operations to identify
			 safety risk mitigations that may be ineffective, inappropriate or were not
			 implemented as intended.
(f) The
			 RTA will report hazard identification and resolution activities in the RTA
			 monthly report to the SSOA. The monthly report must also include hazards
			 identified by the RTA, and those identified by the SSOA as a result of
			 inspections, investigations, audits or other reviews and
			 observations.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0078 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Monthly Reporting Requirements. Within 30 days of the end of the month being
			 reported, an RTA shall submit to the SSOA a report, which includes:
(a) A summary of the number of accidents,
			 incidents and occurrences that occurred during the month including the
			 categorization of any injured party or decedent as public, patron, passenger,
			 or employee;
(b) A summary of
			 on-going hazard identification and resolution activities;
(c) Documentation of any events that were not
			 otherwise reported that meet the threshold for reporting, including hours of
			 service violations;
(d) A
			 corrective action monitoring log each month listing all corrective actions
			 identified through the provisions of OAR 741-060-0072  and containing all
			 information identified in 741-060-0072(12) (a-j).
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0079 - Recording and Notification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Event Recording and Notification to SSOA:
(a) Event means an accident, incident or
			 occurrence, as defined in OAR 741-060-0020, and further defined in OAR
			 741-060-0020(1), for accident; (17) for incident; and (23), for
			 occurrence.
(b) Each RTA must
			 notify the NTD for many events, including all accidents. In doing so, the RTA
			 must include its internal tracking number (such as an ACID or IMMS number) when
			 describing the event to NTD.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011 &
				  824.045
Stats. Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0090 - Requirements for Investigating Accidents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each RTA shall investigate accidents that
			 meet the notification thresholds as set forth in OAR 741-060-0079 (2)(a) and
			 (c). The RTA may use its own staff or a contractor to conduct
			 investigations.
(2) Upon completion
			 of their investigation, and within 60 days from the date of the accident, the
			 RTA shall submit to the SSOA a final investigation report. The report must
			 describe the investigation activities, identify the factors that caused or
			 contributed to the accident, and set forth a CAP, in compliance with OAR
			 741-060-0072, as necessary or appropriate. Along with the final investigation
			 report, the RTA shall supply a copy of written records pertaining to the event
			 that have not been provided prior to issuance of the report and make available
			 for review audio and visual records upon request.
(3) If the RTA cannot complete a final
			 investigation report within 60 days, the RTA must contact the SSOA and request
			 an extension. Extensions will be granted in 15 day increments; only in limited
			 circumstances will the SSOA grant an extension beyond 90 days of the
			 event.
(4) The SSOA will conduct an
			 independent review of the RTA's investigation activities, its findings,
			 especially those of causal and contributing factors, and ensure that the final
			 investigation report is complete and sufficiently addresses the results of the
			 investigation.
(5) The SSOA will
			 issue a written report upon completion of its review.
(6) The SSOA must formally adopt a final
			 investigation report of an accident and transmit the adopted report to the RTA
			 for review and concurrence. If the RTA does not concur with the adopted report,
			 the RTA may submit a written dissent to the report, which the SSOA may include
			 in its report at the discretion of the SSOA.
(7) The SSOA reserves the right to conduct an
			 independent investigation of any accident or other event at its
			 discretion.
(8) The RTA shall
			 submit to the SSOA for review and approval a copy of all of its accident
			 investigation procedures. Any subsequent modifications and revisions to the
			 standard operating procedure(s) covering RTA accidents must be submitted to the
			 SSOA for review and approval prior to implementation.
(9) 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
				  670,  49 CFR 671,  49 CFR 672,  49 CFR 673,  49 CFR 674  &
				  49 USC
				  5329
Statutes/Other Implemented: ORS
				  183.745
				  & 824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0092 - Use of Personal Electronic Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each RTA shall establish, implement and
			 enforce minimum safety standards for the use of electronic devices. The
			 standards and any subsequent changes must be submitted to the SSOA for review
			 and comment prior to implementation.
(2) An RTA employee or its contractor shall
			 not use any electronic device if that use would interfere with the employee's
			 or another RTA employee's performance of safety-related duties.
(3) An RTA employee or its contractor may use
			 an agency-supplied electronic device only for an authorized business purpose as
			 specified within the RTA standards governing the use of electronic devices.
			 Agency-supplied electronic devices shall not be used if that use would
			 interfere with the employee's or another RTA employee's performance of
			 safety-related duties.
(4) An RTA
			 employee or its contractor must have each personal electronic device turned
			 off, and remove any earpiece prior to performance of safety-related duties.
			 Personal electronic devices are not permitted to be used by an RTA employee or
			 contractor while fouling the track or inside the cab of an RTV.
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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0094 - Minimum Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
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
				  184.616,
				  184.619,
				  824.045& 823.011
Statutes/Other Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0095

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  184.616,
				  184.619,
				  823.011,
				  824.045
Stats. Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0098 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SSOA may
			 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 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 identify defects or violations observed in the field which
			 require 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) An
			 RTA receiving an inspection form marked as requiring a corrective action plan
			 shall complete the form as directed and return it to the inspector within 30
			 days of receipt. The corrective action plan must be developed in accordance
			 with OAR 741-060-0072.
(6) If an
			 inspector determines a violation requires the issuance of a civil penalty, that
			 process will be handled as set forth in OAR 741-060-0105.
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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0100 - Hours of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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 establish limitations on
			 the number of daily and monthly hours on duty and a minimum number of hours of
			 rest required between on duty periods. In addition, 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) On-duty time shall begin only after the
			 safety sensitive employee has completed at least the minimum number of
			 continuous hours off duty.
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0101 - Emergency Suspension of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SSOA inspector may issue a Notice of
			 Emergency Suspension of Service to an RTA's Accountable Executive 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 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 directing the
			 RTA to cease revenue service on a particular transit vehicle or line.
(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 cease revenue service on a particular
			 transit vehicle or line, 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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0102 - Removal of Equipment from Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0103 - Removal of Track from Service

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0105 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0107 - Individual Liability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING › Section 741-060-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  184.616,
				  184.619,
				  823.011& 824.045
Statutes/Other Implemented: ORS
				  824.045
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0010 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 741-065-0010  through 741-065-0110  establish a state safety oversight program
			 that applies to all rail transit agencies (RTAs) that own or operate rail fixed
			 guideway public transportation systems (RFGPTS) in Oregon that do not receive
			 federal funds and are not subject to regulation by the Federal Transit
			 Administration (FTA) or the Federal Railroad Administration (FRA).
(2) The Oregon Department of Transportation
			 (ODOT) is designated as the state safety oversight agency (SSOA) for the State
			 of Oregon, in accordance with ORS
			 824.045.
(3) OAR 741-065-0010  through 741-065-0110  apply to all rail transit agencies (RTAs) that own or operate RFGPTS in the
			 State of Oregon and that do not receive federal funds.
(4) RTAs shall provide written certification
			 of compliance with these rules to the SSOA a minimum of 90 days prior to
			 beginning new revenue operations or revenue operations on an expanded or
			 modified RFGPTS.
(5) In carrying
			 out its authority, the SSOA may:
(a) Monitor,
			 inspect, investigate and enforce the safety of an RFGPTS;
(b) Conduct inspections, investigations,
			 employee interviews, audits, examinations, and require testing of equipment,
			 facilities, rolling stock, and operations of the RFGPTS;
(c) Review, approve, oversee, audit and
			 enforce the implementation of and compliance with the system safety program
			 plan, the system security plan, the emergency preparedness and response plan
			 and RTA rules, standards, policies and procedures;
(d) Make reports and issue directives with
			 respect to the safety of the RFGPTS;
(e) Investigate public transportation events
			 and provide guidance to RTAs regarding prevention of events;
(f) Take, in conjunction with an event or
			 complaint investigation, or an inspection or audit, or an investigation into a
			 pattern or practice of conduct that negatively affects public safety, the
			 statement of any employee or contractor of an RTA;
(g) Require the production of documents,
			 camera footage, audio recordings and data downloaded from electronic devices
			 and recorders from an RTA and its employees or contractors;
(h) Prescribe recordkeeping and reporting
			 requirements for an RTA;
(i) Enter
			 RTA property to conduct announced and unannounced inspections of equipment,
			 facilities, infrastructure, rolling stock, operations and relevant
			 records;
(j) Remove a vehicle,
			 equipment or track segment from service;
(k) Suspend operations of the RFGPTS and
			 issue civil penalties against RTAs for non-compliance with these or transit
			 agency safety rules; and
(L) Issue
			 civil penalties against individual RTA employees only for willful violation of
			 these or transit agency safety rules.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 741-065-0010  through 741-065-0110, the following
				definitions apply:
(1) "Accident"
			 means any event involving a rail transit vehicle (RTV) or occurring on a rail
			 transit-controlled property, involving one or more of the following:
(a) "Fatality," as defined in section (12)
			 below;
(b) "Serious Injury," as
			 defined in section (36) below;
(c)
			 "Substantial Damage," as defined in section (38) below;
(d) All collisions resulting in fatality,
			 serious injury or substantial damage;
(e) "Runaway Train," as defined in section
			 (30) below;
(f) A collision between
			 an RTV and another RTV;
(g)
			 Evacuation for life safety that constitutes a real or potential danger to any
			 person, including but not limited to, a fire, a fuel leak, a vehicle fuel leak,
			 the presence of smoke or noxious fumes, an electrical hazard, a bomb threat, or
			 a suspicious item or other hazard.
(h) Derailment of an RTV at any time, at any
			 location, whatever the cause.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0040 - Monitoring Requirements for Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Monitoring the System Safety Program Plan
(a) The SSOA will review, approve, oversee
			 and enforce the implementation of and compliance with the System Safety Program
			 Plan.
(b) At least once every three
			 years, either at one time or over a three year period, the SSOA or its
			 contractor shall conduct an audit of the implementation of each RTA's System
			 Safety Program Plan to verify compliance with, and evaluate the effectiveness
			 of, the plan.
(c) Following each
			 on-site audit, the SSOA or its contractor shall prepare a written report of its
			 findings and recommendations, and the need, if any, for updating the system
			 safety program plan or revising implementation of the plan. If the report
			 identifies deficiencies for which a corrective action plan (CAP) is required,
			 the RTA shall submit a CAP to the SSOA within 30 days after receiving the
			 report, or within a different time period if specified by the SSOA. The CAP
			 must comply with the requirements in OAR 741-065-0072.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0070 - Requirements for Internal Reviews

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0072 - Corrective Action Plan (CAP) Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each RTA that operates a RFGPTS shall
			 prepare a CAP as required by this rule.
(2) Each RTA must develop a CAP for the
			 following:
(a) Causal and contributing factors
			 identified during an investigation that are determined by the RTA or SSOA to
			 require corrective action(s); or
(b) Hazards or deficiencies identified
			 through internal or external safety and security audits, observations or
			 reviews, accidents, incidents, occurrences, or through the hazard management
			 process.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0074 - Inspections

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0076 - Hazard Management Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0078 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Quarterly Reporting Requirements. Within 15 days following the end of each
			 quarter, the RTA shall prepare summaries of information on the number of
			 accidents and identified hazards that occurred within that quarter. Once every
			 quarter, the RTA must submit these summaries to the SSOA, along with:
(a) The final report of any investigation
			 completed that quarter;
(b)
			 Documentation of any events that were not otherwise reported that meet the
			 threshold for reporting, such as hours of service violations;
(c) A corrective action monitoring log
			 listing all corrective actions arising from any source. The corrective action
			 log shall contain:
(A) The source of the
			 corrective action, with identifying information;
(B) The date the corrective action was
			 determined;
(C) A detailed
			 description of the corrective action itself;
(D) An estimate of the date upon which the
			 corrective action will be completed;
(E) A section for the SSOA to approve each
			 corrective action;
(F) The person
			 or department responsible for implementing the corrective action;
(G) A section for the SSOA to verify
			 completion of the corrective action; and
(H) All corrective actions, closed or
			 open.
(d) Closed
			 corrective actions are to remain on the log after closure and do not drop off
			 the log without agreement and approval from the SSOA, or following the end of
			 the following calendar year, whichever first occurs. Open actions must remain
			 on the log until closed and verified by the SSOA.
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0090 - Requirements for Investigating Accidents

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0092 - Use of Personal Electronic Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION › Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING › Section 741-065-0094 - Minimum Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
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