---
kind: "section"
citation: "49 C.F.R. § 214.353"
title: "49"
number: "214.353"
heading: "Training and qualification of each roadway worker in charge."
url: "https://uscodex.org/cfr/49/214.353"
---

# §214.353. Training and qualification of each roadway worker in charge.

- (a) The training and qualification of each roadway worker in charge, or any other employee acting as a roadway worker in charge (e.g., a conductor or a brakeman), who provides for the on-track safety of roadway workers through establishment of working limits or the assignment and supervision of watchmen/lookouts or flagmen shall include, at a minimum:
  - (1) All the on-track safety training and qualification required of the roadway workers to be supervised and protected, including the railroad's procedures governing good faith challenges in §§ [214.311(b)](/cfr/49/214.311.md?p=b) and [(c)](/cfr/49/214.311.md?p=c) and [214.313(d)](/cfr/49/214.313.md?p=d).
  - (2) The content and application of the operating rules of the railroad pertaining to the establishment of working limits.
  - (3) The content and application of the rules of the railroad pertaining to the establishment or train approach warning.
  - (4) The relevant physical characteristics of the territory of the railroad upon which the roadway worker is qualified.
  - (5) The procedures required to ensure that the roadway worker in charge of the on-track safety of group(s) of roadway workers remains immediately accessible and available to all roadway workers being protected under the working limits or other provisions of on-track safety established by the roadway worker in charge.
- (b) Initial and periodic (as specified by [§ 243.201](/cfr/49/243.201.md) of this chapter) qualification of a roadway worker in charge shall be evidenced by demonstrated proficiency.

## Notes

### Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016]

### Source

Source: 61 FR 65976, Dec. 16, 1996, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 57 FR 28127, June 24, 1992, unless otherwise noted.

### Amendments

[61 FR 65976, Dec. 16, 1996, as amended at 81 FR 37890, June 10, 2016]