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The Rail Transit Roadway Worker Protection (RWP) regulation establishes minimum standards to ensure the safe operation of public transportation systems and prevent injuries and fatalities for transit workers. Rail transit agencies nationwide are required to create programs and processes that focus on safety for workers who work on or near the rails in an area known as the track roadway. 

The rule applies to rail transit agencies in the State Safety Oversight (SSO) program, State Safety Oversight Agencies (SSOAs), and transit workers who access the roadway to perform work.     

FTA published the RWP regulation on October 31, 2024. Rail transit agencies have until December 2, 2025 to establish an SSOA-approved RWP Program to improve worker safety consistent with the final rule. It is critical that transit agencies coordinate with their SSOAs to develop the RWP programs and set reasonable timeframes for completing their work. 

The rule mandates RWP program elements, including: 

• The creation of an RWP manual and track access guide 
• Requirements for on-track safety and supervision 
• Job safety briefings 
• Good-faith safety challenges and reporting unsafe acts and conditions and near-misses 
• Development and implementation of risk-based redundant protections for workers 
• Establishment of RWP training and qualification and RWP compliance monitoring activities 

Rail transit agencies are expected to use these Federal standards as a baseline and apply safety management system (SMS) processes to determine additional mitigations appropriate to address risks. SSOAs will oversee and enforce implementation of the RWP program requirements. 

Frequently Asked Questions

General Applicability

Does this regulation apply to transit systems operating both Federal Railroad Administration (FRA)-regulated and FTA-regulated services?

Yes. In a situation where FRA and FTA have safety jurisdiction over different rail modes within the same transit agency, the RWP rule applies to those rail-transit modes under FTA’s safety jurisdiction. For example, if an agency operates both commuter rail transit (under the safety jurisdiction of FRA) and light rail transit (under the safety jurisdiction of FTA) the commuter rail system is subject to FRA’s RWP requirements and the light rail system is subject to FTA’s RWP requirements.

Are agencies that operate multiple rail modes (e.g., light rail and heavy rail) required to have a single RWP manual?

Yes. In a situation where FRA and FTA have safety jurisdiction over different rail modes within the same transit agency, the RWP rule applies to those rail-transit modes under FTA’s safety jurisdiction. For example, if an agency operates both commuter rail transit (under the safety jurisdiction of FRA) and light rail transit (under the safety jurisdiction of FTA) the commuter rail system is subject to FRA’s RWP requirements and the light rail system is subject to FTA’s RWP requirements.

Does the RWP rule apply to pre-revenue construction environments?

Yes. As defined by 49 CFR 671.5, a “roadway worker” includes transit workers performing roadway construction, including those in pre-revenue environments.

How does the rule address state and local regulations that may apply to transit workers?

The RWP rule is a separate requirement from any state or local regulations that may apply to transit workers. All processes and procedures for transit workers who may access the track zone in the performance of work should be reflected in the RWP manual. This includes any processes and procedures that are in place as a result of local or state requirements.

Training

Is online or virtual training acceptable under the RWP rule?

Remote training that has no in-person simulated components (for example, a training webinar that workers can watch from home) cannot be used to fulfill the requirement for initial training to include experience in a representative field setting. Agencies may use simulations or controlled environments that reasonably approximate field conditions to satisfy this requirement when appropriate or necessary. This is necessary to provide workers practical experience in an environment similar to actual work conditions. The final rule permits online and/or virtual training in other circumstances, including for refresher training, provided the training includes demonstrations and assessments, is interactive, and provides an opportunity to ask the RWP trainer questions and raise and discuss RWP issues.

What are the requirements for trainers conducting RWP training?

Each RTA must ensure that trainers conducting RWP training are qualified and have active RWP certification at the RTA. At a minimum, RTAs must consider the following:

• A trainer's experience and knowledge of effective training techniques in the chosen learning environment.
• A trainer's experience with the RTA's RWP program.
• A trainer's knowledge of the RTA's RWP rules, operations and operating environment, including applicable operating rules.
• A trainer's knowledge of the training requirements specified in the RWP rule.

Do employees return from extended leave need additional training before resuming roadway work?

The RWP rule does identify additional training for transit workers who have been off-duty or on leave for an extended period of time. If an RTA does not currently have return-to-work training policies, they may consider developing them while drafting or updating their RWP program and manual. In any case, the RWP training program must include training by position and refresher training must occur every two years at a minimum.

Are refresher training requirements for rule violators specifically outlined in the regulation?

The regulation requires each RTA to establish procedures to provide job safety briefings to all transit workers whenever a rule violation is observed; it also requires a roadway worker in charge to provide a job safety briefing to all members of the roadway work group immediately following an observed violation of on-track safety procedures. The regulation does not otherwise identify requirements for addressing RWP violations. As an RTA develops their RWP compliance monitoring program, they may establish and implement follow-up actions for RWP violations which could include retraining. The thresholds for instituting RWP retraining are left to each RTA to determine and incorporate into existing practices.

Job Safety Briefings and On-Track Safety

Can job safety briefings be conducted remotely, and what are the requirements for documenting them?

Yes, the rule permits remote or virtual job safety briefings to account for situations where a roadway worker in charge is not physically located with a crew or lone worker. This may include situations where a lone worker calls in to receive a job safety briefing or where a work crew may be spread out over a larger working limit. Written acknowledgment of the briefing is required in all circumstances. The roadway worker in charge must confirm that each worker understands the job safety briefing, and the worker receiving the briefing must confirm in writing that they received and understood the briefing in its entirety. Written acknowledgment may be in the form of a formal signature or other method of written affirmation.

Are safety briefings required for transit workers momentarily accessing the track to remove debris?

No. A train operator who momentarily must leave their vehicle to remove debris is a transit worker, not a roadway worker or a lone worker, because their duties do not involve inspection, construction, maintenance, repairs, or providing on-track safety. Other transit workers, such as train operators, may momentarily access the track to perform tasks such as debris removal, provided they comply with the provisions in the RWP rule for transit workers.

Are there specific redundant protections that must be implemented?

No. FTA does not prescribe specific redundant protections that RTAs must implement. An RTA is required to conduct a safety risk assessment to identify redundant protections for all workers, with protections based on the category of work being performed and the operating environment. Tasks demanding more attention from roadway workers, including the use of tools and equipment, may require RTAs to implement greater levels of protection based on the results of the safety risk assessment.

SSOA Oversight Audits

How frequently must SSOAs conduct audits of RWP programs?

SSOAs are required to conduct an annual audit of the RTA’s RWP program, including all required RWP program elements, for each RTA they oversee.

Can SSOAs integrate the RWP audit into their triennial reviews?

Yes, SSOAs may determine how to schedule and administer the RWP program audit in conjunction with other audit responsibilities. For example, an SSOA may integrate the review of the RWP program into its triennial review of the RTA, provided the triennial review covers the elements described in the RWP rule. However, the RWP audit must be conducted annually, so SSOAs must ensure all of the audit requirements are met each year.

Does the 12-month completion deadline include the SSOA review, or is it the date when the program is due to the SSOA? What happens if the SSOA delays the review process beyond the deadline?

The regulation requires the RWP program to be both established and approved by the SSOA no later than December 2, 2025.

If an RWP program is not approved by the deadline, FTA may take action to address the noncompliance. To avoid delays, FTA encourages SSOAs to engage with RTAs early to ensure timely submission, review, and approval of the RWP program.

Definitions

Is a "Roadway Worker in Charge" allowed to perform other duties while acting as roadway worker in charge?

The roadway worker in charge may serve only the function of maintaining on-track safety for members of the roadway group. As discussed in the preamble to the final rule, FTA has determined that the function of maintaining on-track safety may result in the roadway worker in charge performing tasks such as flagging, work zone set up, or administrative tasks, as determined on a case-by-case basis. In these instances, these tasks must not impact the roadway worker in charge’s ability to maintain undivided attention and singular focus on their roadway worker in charge duties.

Resources

Webinars 

Rail Transit Roadway Worker Protection Final Rule Overview Webinar
FTA hosted a webinar to provide more information about the RWP regulation.
Presentation | Recording

Past Presentations

Roadway Worker Protection (RWP) in Rail Transit: FTA, Agency and Business Member Perspectives
June 2024 | Presentation

Overview of the Rail Transit Roadway Worker Protection Notice of Proposed Rulemaking
April 2024 | Presentation | Recording