---
kind: "section"
citation: "49 C.F.R. § 242.113"
title: "49"
number: "242.113"
heading: "Prior safety conduct as an employee of a different railroad."
url: "https://uscodex.org/cfr/49/242.113"
---

# §242.113. Prior safety conduct as an employee of a different railroad.

- (a) Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.
- (b) After the pertinent date specified in § [242.105(d)](/cfr/49/242.105.md?p=d) or [(e)](/cfr/49/242.105.md?p=e), each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person meets the eligibility requirements of this section.
- (c) Except for persons designated as conductors under § [242.105(a)](/cfr/49/242.105.md?p=a) or [(b)](/cfr/49/242.105.md?p=b) or for persons covered by [§ 242.109(f)](/cfr/49/242.109.md?p=f), each person seeking certification or recertification under this part shall, within 366 days preceding the date of the railroad's decision on certification or recertification:
  - (1) Request, in writing, that the chief operating officer or other appropriate person of the former employing railroad provide a copy of that railroad's available information concerning his or her service record pertaining to compliance or non-compliance with §§ [242.111](/cfr/49/242.111.md), [242.115](/cfr/49/242.115.md), and [242.403](/cfr/49/242.403.md) to the railroad that is considering such certification or recertification; and
  - (2) Take any additional actions, including providing any necessary consent required by State or Federal law to make information concerning his or her service record available to that railroad.

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 76 FR 69841, Nov. 9, 2011, unless otherwise noted.