FTA Announces New Rail Transit Workers Safety Rule

FTA has issued a regulation to make rail public transit workers safer by mandating standards to protect them while working on railways. According to data reported in the National Transit Database, between Jan. 1, 2008, and June 30, 2024, 29 transit workers were killed and 144 were seriously injured performing track 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.”

Under the final rule, published in the Federal Register Oct. 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. Agencies are also required to implement comprehensive training for workers and ensure that unsafe acts and conditions are reported.

“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.
• 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, FTA issued the Rail Transit Roadway Worker Protection Notice of Proposed Rulemaking (NPRM) in the Federal Register. It received more than 7,000 comments.

APTA wrote to USDOT in May, urging FTA to utilize the APTA standard for Roadway Worker Protection. Updated in August 2023, the APTA “Roadway Worker Protection Program Requirements” is a consensus document prepared with input from a diverse group of rail transit agencies and business members.