---
kind: "section"
citation: "49 C.F.R. § 227.209"
title: "49"
number: "227.209"
heading: "Railroad's program of instruction on EEBAs."
url: "https://uscodex.org/cfr/49/227.209"
---

# §227.209. Railroad's program of instruction on EEBAs.

- (a) **General.**
  - (1) A railroad shall adopt and comply with its written program of instruction on EEBAs for all of its employees in its general EEBA program under [§ 227.211](/cfr/49/227.211.md) (subject employees). The program of instruction shall be maintained at the railroad's system headquarters and shall be amended, as necessary, to reflect any significant changes.
  - (2) This program may be integrated with the railroad's program of instruction on operating rules under [§ 217.11](/cfr/49/217.11.md) of this chapter or its program of instruction for hazmat employees under [§ 172.704](/cfr/49/172.704.md) of this title. If the program is not integrated with either of these programs, it must be written in a separate document that is available for inspection by FRA.
- (b) **Subject matter.** The railroad's program of instruction shall require that the subject employees demonstrate knowledge of at least the following:
  - (1) Why the EEBA is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the EEBA.
  - (2) **The capabilities and limitations of the EEBA, particularly the limited time for use.**
  - (3) How to use the EEBA effectively in emergency situations, including situations in which the EEBA malfunctions.
  - (4) **How to inspect, put on, remove, and use the EEBA, and how to check the seals of the EEBA.**
  - (5) Procedures for maintenance and storage of the EEBA that must be followed.
  - (6) The requirements of this subpart related to the responsibilities of employees and the rights of employees to have access to records.
  - (7) **The hazardous materials classified as PIH materials.**
- (c) **Dates of initial instruction and intervals for periodic instruction.**
  - (1) The instruction for current subject employees shall be provided on an initial basis no later than 30 days prior to the date of compliance identified in [§ 227.217](/cfr/49/227.217.md). Initial instruction of new subject employees shall occur either 30 days prior to the date of compliance identified in [§ 227.217](/cfr/49/227.217.md) or before assignment to jobs where the deployment of EEBAs on a locomotive is required, whichever is later.
  - (2) Initial instruction shall be supplemented with periodic instruction at least once every three years.
- (d) **Records of instruction.** A railroad shall maintain a record of employees provided instruction in compliance with this section and retain these records for three years.

## Notes

### Source

Source: 89 FR 5132, Jan. 26, 2024, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 71 FR 63123, Oct. 27, 2006, unless otherwise noted.