---
kind: "section"
citation: "49 C.F.R. § 271.103"
title: "49"
number: "271.103"
heading: "Risk-based hazard management program."
url: "https://uscodex.org/cfr/49/271.103"
---

# §271.103. Risk-based hazard management program.

- (a) **General.**
  - (1) An RRP shall include an integrated, system-wide, and ongoing risk-based HMP that proactively identifies hazards and mitigates the risks resulting from those hazards.
  - (2) A risk-based HMP shall be fully implemented (i.e., activities initiated) within 36 months after FRA approves a railroad's RRP plan pursuant to [§ 271.301(d)](/cfr/49/271.301.md?p=d).
- (b) **Risk-based hazard analysis.** As part of its risk-based HMP, a railroad shall conduct a risk-based hazard analysis that addresses, at a minimum, the following aspects of a railroad's system: Infrastructure; equipment; employee levels and work schedules; operating rules and practices; management structure; employee training; and other areas impacting railroad safety that are not covered by railroad safety laws or regulations or other Federal laws or regulations. A railroad shall make the results of its risk-based hazard analysis available to FRA upon request. At a minimum, a risk-based hazard analysis shall:
  - (1) **Identify hazards by analyzing—**
    - (i) Aspects of the railroad's system, including any operational changes, system extensions, or system modifications; and
    - (ii) Accidents/incidents, injuries, fatalities, and other known indicators of hazards;
  - (2) Calculate risk by determining and analyzing the likelihood and severity of potential events associated with identified risk-based hazards; and
  - (3) **Compare and prioritize the identified risks for mitigation purposes.**
- (c) **Mitigation strategies.**
  - (1) As part of its risk-based HMP, a railroad shall design and implement mitigation strategies that improve safety by:
    - (i) Mitigating or eliminating aspects of a railroad's system that increase risks identified in the risk-based hazard analysis; and
    - (ii) Enhancing aspects of a railroad's system that decrease risks identified in the risk-based hazard analysis.
  - (2) A railroad may use pilot projects, including pilot projects conducted by other railroads, to determine whether quantitative data suggests that a particular mitigation strategy has potential to succeed on a full-scale basis.

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 85 FR 9314, Feb. 18, 2020, unless otherwise noted.