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C.F.R - Table of Contents

  • Title 1 - General Provisions
  • Title 2 - Grants and Agreements
  • Title 3 - The President
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  • Title 46 - Shipping
  • Title 47 - Telecommunication
  • Title 48 - Federal Acquisition Regulations System
  • Title 49 - Transportation
  • Title 50 - Wildlife and Fisheries

CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 200–269) > PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES > SUBPART D—Disqualification Procedures (§209.301 to §209.337) > 209.301—Purpose and scope.

209.301—Purpose and scope.

(a) This subpart prescribes the rules of practice for administrative proceedings relating to the determination of an individual's fitness for performing safety-sensitive functions under the Federal railroad safety laws at 49 U.S.C. 20111(c).
(b) The purpose of this subpart is to prevent accidents and casualties in railroad operations that result from the presence in the work force of railroad employees, including managers and supervisors, and agents of railroads who have demonstrated their unfitness to perform the safety-sensitive functions described in § 209.303 by violating any rule, regulation, order or standard prescribed by FRA. Employees and agents who evidence such unfitness may be disqualified, under specified terms and conditions, temporarily or permanently, from performing such safety-sensitive functions.
(c) This subpart does not preempt a railroad from initiating disciplinary proceedings and imposing disciplinary sanctions against its employees, including managers and supervisors, under its collective bargaining agreements or in the normal and customary manner. Disqualification determinations made under this subpart shall have no effect on prior or subsequent disciplinary actions taken against such employees by railroads.
[54 FR 42907, Oct. 18, 1989, as amended at 74 FR 23334, May 19, 2009]




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