First-of-its-kind rule sets minimum standards for rail transit agencies to improve safety conditions and protect track workers

WASHINGTON – The U.S. Department of Transportation’s Federal Transit Administration (FTA) is issuing a regulation to make transit workers safer, nationwide, by mandating standards to protect them while working on transit railways. This is the latest action from the Biden-Harris Administration to protect transit workers, keeping them safer at work.

"Transit workers deserve to know their safety is the highest priority when they're performing track work," said U.S. Transportation Secretary Pete Buttigieg. "Thanks to the Biden-Harris Administration, we now have the first-ever rule requiring worker protection standards for rail transit agencies that will keep American transit track workers safe as they do their important work to keep our transit systems operating."

"I am proud that the Biden-Harris Administration is directing rail transit agencies across the nation to put workers' safety first," said Deputy Secretary Polly Trottenberg. "For the first time, FTA is issuing a national standard to make work safer for the men and women who maintain our country's transit systems. We owe them a safe workplace as they provide an essential service to the traveling public."

Under the final rule, announced today and to be published in the Federal Register on Thursday, October 31, rail transit agencies nationwide will have one year to create and receive State Safety Oversight Agency (SSOA) approval for a roadway worker protection program that is focused on employees who work on or around the tracks. Transit agencies are also required to implement comprehensive training for workers and ensure that unsafe acts and conditions are reported. 

Unsafe practices and conditions place rail transit workers at risk of being killed or seriously injured. According to data reported in the National Transit Database, between January 1, 2008, and June 30, 2024, 29 transit workers were killed and 144 were seriously injured performing track work. The National Transportation Safety Board and FTA’s Transit Advisory Committee for Safety both have recommended regulatory action to address rail transit worker safety.

"Today's action provides greater protection for workers on our nation’s subway, light rail, and trolley systems. The final rule protects workers who access the rail tracks and promotes a safe work environment for all employees of rail transit systems," said FTA Deputy Administrator Veronica Vanterpool. "This final rule will save lives and ensure that our transit workers, who work tirelessly to maintain our rail transit systems nationwide, get home safely each day to their families and loved ones."

Under the final rule, rail transit agencies must: 

• Adopt and implement an SSOA-approved Roadway Worker Protection Program (RWP) to improve worker safety, consistent with Federal and state safety requirements. "Roadway" is a term describing the area on and along the tracks.
• Establish minimum RWP program elements, including job safety briefings and lone worker protection. 
• Create or update safety manuals to document RWP programs and include a track access guide.
• Establish a training program that addresses all transit workers responsible for on-track safety by position.

The final rule requires SSOAs to review and approve worker protection program elements, monitor implementation, and conduct annual audits to ensure compliance.

In March 2024, FTA issued the Rail Transit Roadway Worker Protection Notice of Proposed Rulemaking (NPRM) in the Federal Register, seeking public comment. In response to the NPRM, FTA received more than 7,000 comments.

Today's action builds upon previous steps by the Biden-Harris Administration to strengthen transit worker safety:  

• 2021: Request for Information on Transit Worker Safety and the safety risk related to assaults on transit workers. 
• 2022: Special Directives on Required Actions Regarding Transit Worker Assault issued to nine transit agencies, accounting for 79% of all assaults on transit workers.
• 2024: Updated the Public Transportation Agency Safety Plans (PTASP) regulation to strengthen transit worker safety, including new measures to assess the risk of assaults and involving joint labor-management safety committees to develop mitigations and strategies, and issued a general directive on required actions regarding assaults on transit workers.

The version of this notice posted to FTA's website is not intended to constitute the official version of this final rule. The official version of the final rule will be published in the Federal Register on Thursday, October 31, and may appear slightly different than this website posting due to formatting requirements. The compliance dates in regulation will go into effect based on Thursday, when the official version is published in the Federal Register.

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