---
kind: "section"
citation: "49 U.S.C. § 20156"
title: "49"
title_heading: "Transportation"
number: "20156"
heading: "Railroad safety risk reduction program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20156"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 201 — General"
  - "Subchapter II — Particular Aspects of Safety"
---

# §20156. Railroad safety risk reduction program

- (a) **In General.—**
  - (1) **Program requirement.—** Not later than 4 years after the date of enactment of the Rail Safety Improvement Act of 2008, the [Secretary](/usc/49/22401.md?p=14) of Transportation, by regulation, shall require each [railroad carrier](/usc/49/20102.md?p=3) that is a Class I [railroad](/usc/49/22401.md?p=12), a [railroad carrier](/usc/49/20102.md?p=3) that has inadequate safety performance (as determined by the [Secretary](/usc/49/22401.md?p=14)), or a [railroad carrier](/usc/49/20102.md?p=3) that provides intercity rail passenger or [commuter rail passenger transportation](/usc/49/24102.md?p=3)—
    - (A) to develop a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (d)](#d) that systematically evaluates [railroad](/usc/49/22401.md?p=12) safety risks on its system and manages those risks in order to reduce the numbers and [rates](/usc/49/24102.md?p=10) of [railroad](/usc/49/22401.md?p=12) accidents, incidents, injuries, and fatalities;
    - (B) to submit its program, including any required plans, to the [Secretary](/usc/49/22401.md?p=14) for review and approval; and
    - (C) to implement the program and plans approved by the [Secretary](/usc/49/22401.md?p=14).
  - (2) **Reliance on pilot program.—** The [Secretary](/usc/49/22401.md?p=14) may conduct behavior-based safety and other research, including pilot programs, before promulgating regulations under this subsection and thereafter. The [Secretary](/usc/49/22401.md?p=14) shall use any information and experience gathered through such research and pilot programs under this subsection in developing regulations under this section.
  - (3) **Review and approval.—** The [Secretary](/usc/49/22401.md?p=14) shall review and approve or disapprove [railroad](/usc/49/22401.md?p=12) safety risk reduction program plans within a reasonable period of time. If the proposed plan is not approved, the [Secretary](/usc/49/22401.md?p=14) shall notify the affected [railroad carrier](/usc/49/20102.md?p=3) as to the specific areas in which the proposed plan is deficient, and the [railroad carrier](/usc/49/20102.md?p=3) shall correct all deficiencies within a reasonable period of time following receipt of written notice from the [Secretary](/usc/49/22401.md?p=14). The [Secretary](/usc/49/22401.md?p=14) shall annually conduct a review to ensure that the [railroad carriers](/usc/49/20102.md?p=3) are complying with their plans.
  - (4) **Voluntary compliance.—** A [railroad carrier](/usc/49/20102.md?p=3) that is not required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under this section may voluntarily submit a program that meets the requirements of this section to the [Secretary](/usc/49/22401.md?p=14). The [Secretary](/usc/49/22401.md?p=14) shall approve or disapprove any program submitted under this paragraph.
- (b) **Certification.—** The chief official responsible for safety of each [railroad carrier](/usc/49/20102.md?p=3) required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (a)](#a) shall certify that the contents of the program are accurate and that the [railroad carrier](/usc/49/20102.md?p=3) will implement the contents of the program as approved by the [Secretary](/usc/49/22401.md?p=14).
- (c) **Risk Analysis.—** In developing its [railroad](/usc/49/22401.md?p=12) safety risk reduction program, each [railroad carrier](/usc/49/20102.md?p=3) required to submit such a program pursuant to [subsection (a)](#a) shall identify and analyze the aspects of its [railroad](/usc/49/22401.md?p=12), including operating rules and practices, infrastructure, equipment, [employee](/usc/49/21101.md?p=3) levels and schedules, safety culture, management structure, [employee](/usc/49/21101.md?p=3) training, and other matters, including those not covered by [railroad](/usc/49/22401.md?p=12) safety regulations or other Federal regulations, that impact [railroad](/usc/49/22401.md?p=12) safety.
- (d) **Program Elements.—**
  - (1) **In general.—** Each [railroad carrier](/usc/49/20102.md?p=3) required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (a)](#a) shall develop a comprehensive safety risk reduction program to improve safety by reducing the number and [rates](/usc/49/24102.md?p=10) of accidents, incidents, injuries, and fatalities that is based on the risk analysis required by [subsection (c)](#c) through—
    - (A) the mitigation of aspects that increase risks to [railroad](/usc/49/22401.md?p=12) safety; and
    - (B) the enhancement of aspects that decrease risks to [railroad](/usc/49/22401.md?p=12) safety.
  - (2) **Required components.—** Each [railroad carrier](/usc/49/20102.md?p=3)’s safety risk reduction program shall include a risk mitigation plan in accordance with this section, a technology implementation plan that meets the requirements of [subsection (e)](#e), and a fatigue management plan that meets the requirements of [subsection (f)](#f).
- (e) **Technology Implementation Plan.—**
  - (1) **In general.—** As part of its [railroad](/usc/49/22401.md?p=12) safety risk reduction program, a [railroad carrier](/usc/49/20102.md?p=3) required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (a)](#a) shall develop, and periodically update as necessary, a 10-year technology implementation plan that describes the [railroad carrier](/usc/49/20102.md?p=3)’s plan for development, adoption, implementation, maintenance, and use of [current](/usc/49/22401.md?p=2), new, or novel technologies on its system over a 10-year period to reduce safety risks identified under the [railroad](/usc/49/22401.md?p=12) safety risk reduction program. Any updates to the plan are subject to review and approval by the [Secretary](/usc/49/22401.md?p=14).
  - (2) **Technology analysis.—** A [railroad carrier](/usc/49/20102.md?p=3)’s technology implementation plan shall include an analysis of the safety impact, feasibility, and cost and benefits of implementing technologies, including processor-based technologies, positive train control systems (as defined in [section 20157(i)](/usc/49/20157.md?p=i)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors and indicators, trespasser prevention technology, highway-rail grade crossing technology, and other new or novel [railroad](/usc/49/22401.md?p=12) safety technology, as appropriate, that may mitigate risks to [railroad](/usc/49/22401.md?p=12) safety identified in the risk analysis required by [subsection (c)](#c).
  - (3) **Implementation schedule.—** A [railroad carrier](/usc/49/20102.md?p=3)’s technology implementation plan shall contain a prioritized implementation schedule for the development, adoption, implementation, and use of [current](/usc/49/22401.md?p=2), new, or novel technologies on its system to reduce safety risks identified under the [railroad](/usc/49/22401.md?p=12) safety risk reduction program.
  - (4) **Positive train control.—** Except as required by [section 20157](/usc/49/20157.md) (relating to the requirements for implementation of positive train control systems), the [Secretary](/usc/49/22401.md?p=14) shall ensure that—
    - (A) each [railroad carrier](/usc/49/20102.md?p=3)’s technology implementation plan required under [paragraph (1)](#e-1) that includes a schedule for implementation of a positive train control system complies with that schedule; and
    - (B) each [railroad carrier](/usc/49/20102.md?p=3) required to submit such a plan implements a positive train control system pursuant to such plan by December 31, 2018.
- (f) **Fatigue Management Plan.—**
  - (1) **In general.—** As part of its [railroad](/usc/49/22401.md?p=12) safety risk reduction program, a [railroad carrier](/usc/49/20102.md?p=3) required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (a)](#a) shall develop and update at least once every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by [safety-related railroad employees](/usc/49/20102.md?p=4) and to reduce the likelihood of accidents, incidents, injuries, and fatalities caused by fatigue. Any such update shall be subject to review and approval by the [Secretary](/usc/49/22401.md?p=14).
  - (2) **Targeted fatigue countermeasures.—** A [railroad carrier](/usc/49/20102.md?p=3)’s fatigue management plan shall take into account the varying circumstances of operations by the [railroad](/usc/49/22401.md?p=12) on different parts of its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances.
  - (3) **Additional elements.—** A [railroad](/usc/49/22401.md?p=12) shall consider the need to include in its fatigue management plan elements addressing each of the following items, as applicable:
    - (A) [Employee](/usc/49/21101.md?p=3) education and training on the physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most [current](/usc/49/22401.md?p=2) scientific and medical research and literature.
    - (B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.
    - (C) Effects on [employee](/usc/49/21101.md?p=3) fatigue of an [employee](/usc/49/21101.md?p=3)’s short-term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions.
    - (D) Scheduling practices for [employees](/usc/49/21101.md?p=3), including innovative scheduling practices, on-duty call practices, work and rest cycles, increased consecutive days off for [employees](/usc/49/21101.md?p=3), changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of [employee](/usc/49/21101.md?p=3) scheduling that would reduce [employee](/usc/49/21101.md?p=3) fatigue and cumulative sleep loss.
    - (E) Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts [employees](/usc/49/21101.md?p=3)’ circadian rhythm.
    - (F) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an [employee](/usc/49/21101.md?p=3) is on duty.
    - (G) Opportunities to obtain restful sleep at lodging facilities, including [employee](/usc/49/21101.md?p=3) sleeping quarters provided by the [railroad carrier](/usc/49/20102.md?p=3).
    - (H) The increase of the number of consecutive hours of off-duty rest, during which an [employee](/usc/49/21101.md?p=3) receives no communication from the employing [railroad carrier](/usc/49/20102.md?p=3) or its managers, supervisors, officers, or agents.
    - (I) Avoidance of abrupt changes in rest cycles for [employees](/usc/49/21101.md?p=3).
    - (J) Additional elements that the [Secretary](/usc/49/22401.md?p=14) considers appropriate.
- (g) **Consensus.—**
  - (1) **In general.—** Each [railroad carrier](/usc/49/20102.md?p=3) required to submit a [railroad](/usc/49/22401.md?p=12) safety risk reduction program under [subsection (a)](#a) shall consult with, employ good faith, and use its best efforts to reach agreement with, all of its directly affected [employees](/usc/49/21101.md?p=3), including any nonprofit [employee](/usc/49/21101.md?p=3) labor organization representing a class or craft of directly affected [employees](/usc/49/21101.md?p=3) of the [railroad carrier](/usc/49/20102.md?p=3), on the contents of the safety risk reduction program.
  - (2) **Statement.—** If the [railroad carrier](/usc/49/20102.md?p=3) and its directly affected [employees](/usc/49/21101.md?p=3), including any nonprofit [employee](/usc/49/21101.md?p=3) labor organization representing a class or craft of directly affected [employees](/usc/49/21101.md?p=3) of the [railroad carrier](/usc/49/20102.md?p=3), cannot reach consensus on the proposed contents of the plan, then directly affected [employees](/usc/49/21101.md?p=3) and such organization may file a statement with the [Secretary](/usc/49/22401.md?p=14) explaining their views on the plan on which consensus was not reached. The [Secretary](/usc/49/22401.md?p=14) shall consider such views during review and approval of the program.
- (h) **Enforcement.—** The [Secretary](/usc/49/22401.md?p=14) shall have the authority to assess civil penalties pursuant to [chapter 213](/usc/49/chstV/ptA/ch213.md) for a violation of this section, including the failure to submit, certify, or comply with a safety risk reduction program, risk mitigation plan, technology implementation plan, or fatigue management plan.

## Source credit

(Added Pub. L. 110–432, div. A, title I, § 103(a), Oct. 16, 2008, 122 Stat. 4853; amended Pub. L. 114–94, div. A, title XI, § 11316(e), Dec. 4, 2015, 129 Stat. 1676.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

### Amendments

2015—Subsec. (c). Pub. L. 114–94, § 11316(e)(1), inserted comma after “In developing its railroad safety risk reduction program”.

Subsec. (g)(1). Pub. L. 114–94, § 11316(e)(2), inserted comma after “good faith” and substituted “nonprofit” for “non-profit”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.