FRA Eyes Dispatcher, Signal Employee Certification

Under FRA’s proposed rule for dispatcher certification, railroads would be required to have “formal processes for training prospective dispatchers, as well as verifying that each dispatcher has the requisite knowledge, skills, safety record, and abilities to safely perform all of the safety-related dispatcher duties mandated by federal laws and regulations, prior to certification.” (Union Pacific Photograph)

Freight railroads, Amtrak and commuter railroads would be required to develop certification programs for network dispatchers and signal employees under new Federal Railroad Administration (FRA) proposals.

The two proposed regulations are in accordance with section 402 of the Rail Safety Improvement Act of 2008, according to the FRA, which released a notice on each in the Federal Register’s May 31 edition. Comments are due by July 31, 2023.

Under the proposed regulation for dispatcher certification (download below), railroads would be required to have “formal processes for training prospective dispatchers, as well as verifying that each dispatcher has the requisite knowledge, skills, safety record, and abilities to safely perform all of the safety-related dispatcher duties mandated by federal laws and regulations, prior to certification,” according to the FRA.

With the exception of individuals designated as certified dispatchers prior to FRA approval of the railroad’s dispatcher certification program, the proposed rule would prohibit railroads from certifying dispatchers for intervals longer than three years. “This three-year limitation, which would be consistent with the 36-month maximum period for certifying locomotive engineers in 49 CFR 240.217(c) and conductors in 49 CFR 242.201(c), would allow for periodic re-evaluation of certified dispatchers to verify their continued compliance with FRA’s minimum safety requirements,” FRA reported.

Railroads would also be required to have formal processes for revoking certification (either temporarily or permanently) for dispatchers who violate specified minimum requirements, according to the agency.

Class I’s, Amtrak and commuter railroads would have to submit their written certification programs to FRA no later than eight months after the final rule effective date. Class IIs and IIIs would be required to submit 16 months after the final rule effective date. “New railroads that begin operation after the final rule effective date would be required to submit their written certification programs to FRA and obtain FRA approval before commencing operations,” FRA said. “In addition, railroads seeking to materially modify their FRA-approved certification programs would be required to obtain FRA approval prior to modifying their programs.”

FRA proposed a similar certification requirement for signal employees, who are responsible for the installation, testing, troubleshooting, repair and maintenance of railroad signal systems, which include “highway-rail and pathway grade crossing warning systems, unusual contingency detection devices, broken rail detection systems, power-assisted switches, and switch point indicators.” Railroads would be required to “verify and document that each signal employee has the requisite knowledge, skills, safety record, and abilities to safely perform all of the safety-related signal employee duties mandated by federal laws and regulations, prior to certification,” according to FRA, which noted that railroads would also be required to have formal processes in place for “revoking certification (either temporarily or permanently) for signal employees who violate specified minimum requirements.” (Download FRA notice below.)

Like dispatchers, signal employees could be certified for up to three years—with the exception of individuals designated as certified signal employees prior to FRA approval of the railroad’s signal employee certification program.

Class I’s, Amtrak and commuter railroads would have to submit their written certification programs to FRA no later than eight months after the final rule effective date. Class IIs and IIIs would be required to submit 16 months after the final rule effective date. “New railroads that begin operation after the final rule effective date would be required to submit their written certification programs to FRA and obtain FRA approval before installing their signal systems and commencing operations,” FRA said. “In addition, railroads seeking to materially modify their FRA-approved certification programs would be required to obtain FRA approval prior to modifying their programs.”