243 Compliance Checklist

The deadline to submit initial training programs is just days away. But what about the other 243 requirements? Here is a checklist that breaks down what you have to do to be compliant with the regulation. Note that timelines provided are for all railroad contractors and other railroads who are not a Class 1 railroad or intercity/commuter passenger railroad with 400k or more annual employee work hours.

1. Submit, Adopt, and Comply with Program Requirements §§243.109(a), 243.109(b)

Timing: By May 1, 2021

• Not sure what or how to submit? Read more here.

2. Serve a Copy to Labor Organizations §243.109(d)

Timing: At the same time as the submission for §§243.109(a), 243.109(b)

• Simultaneous with its filing with the FRA, serve a copy of any submission, resubmission, or informational filing required pursuant to this section, to the president of each labor organization that represents the railroad's employees subject to 243

Note: If a training program is not required to be submitted to FRA, it is not required to be submitted to the labor organization.

3. Begin Periodic Oversight §243.205

Timing: Implement upon submission of programs

• Railroad contractors and railroads must adopt and comply with a program to conduct periodic oversight tests and inspections to determine if safety-related railroad employees comply with Federal railroad safety laws, regulations, and orders particular to FRA-regulated personal and workgroup safety.
• There is an exception for locomotive engineer and conductor oversight since this is covered by 240 & 242.
• A railroad that finds evidence of contractor employee non-compliance with Federal railroad safety laws, regulations, and orders particular to FRA-regulated personal and workgroup safety during the periodic oversight shall provide that employee and that employee's employer with details of the non-compliance.
• Oversight is limited in scope to Parts 214, 218, and 220.
• Maintain records as outlined in §243.205(j).

4. Maintain List of Contractors §243.209

Timing: Implement upon submission of programs

• Ensure contractors used are compliant with 243.
• Each railroad utilizing contractors to supply the railroad with safety-related railroad employees must maintain a list, at its system headquarters, with information regarding each contractor utilized unless:
  • The railroad qualifies each of the contractor's safety-related railroad employees utilized and maintains the training records for each of the contractor's safety-related railroad employees utilized.

5. Designate (Grandfather in) Existing Employees

Timing: Complete documentation by January 1, 2022

• Read more about this requirement here.

6. Annual Review §243.207

Timing: Annually after program submission

• This does not apply to railroad contractors or railroads with less than 400,000 total employee work hours annually.
• Intended to identify knowledge or performance gaps in occupational categories and determine whether adjustments to the training component of the program are the appropriate intervention to close those gaps or otherwise improve the effectiveness of the program.
• Review the specific requirements here.

7. Maintain Records §243.203

Timing: Implement upon submission of programs

• Each employer must maintain records to demonstrate the qualification status of each safety-related railroad employee that it employs.
• Review the specific requirements here.

Are you still feeling stuck on your 243 training programs or not sure how to get started? We can help! We have helped Class 1, short line, and regional railroads, and contractors prepare for 243. Contact us at info@sparkts.net