Rail Safety Improvement Act of 2008 (P.L. 110-432, Section 402; 49 U.S.C. 20163)

Public Law 110–432

110th Congress

An Act

To amend title 49, United States Code, to prevent railroad fatalities, injuries,

and hazardous materials releases, to authorize the Federal Railroad Safety Administration,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

49 USC 20103

note.

Certification.

Deadline.

Regulations.

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF

EMPLOYEES.

(a) AMENDMENT.—Subchapter II of chapter 201, as amended

by section 401 of this division, is further amended by adding at

the end the following new section:

‘‘§ 20163. Certification of train conductors

‘‘(a) REGULATIONS.—Not later than 18 months after the date

of enactment of the Rail Safety Improvement Act of 2008, the

Secretary of Transportation shall prescribe regulations to establish

a program requiring the certification of train conductors. In prescribing

such regulations, the Secretary shall require that train

conductors be trained, in accordance with the training standards

developed pursuant to section 20162.

‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations

required by subsection (a), the Secretary may consider the requirements

of section 20135(b) through (e).’’.

(b) REPORT.—Not later than 6 months after promulgating regulations

under section 20162 of title 49, United States Code, the

Secretary shall issue a report to the Senate Committee on Commerce,

Science, and Transportation and the House of Representatives

Committee on Transportation and Infrastructure about

whether the certification of certain crafts or classes of railroad

carrier or railroad carrier contractor or subcontractor employees

is necessary to reduce the number and rate of accidents and

incidents or to improve railroad safety.

(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As part of the

report, the Secretary shall consider—

(1) car repair and maintenance employees;

(2) onboard service workers;

(3) rail welders;

(4) dispatchers;

(5) signal repair and maintenance employees; and

(6) any other craft or class of employees that the Secretary

determines appropriate.

(d) REGULATIONS.—The Secretary may prescribe regulations

requiring the certification of certain crafts or classes of employees

that the Secretary determines pursuant to the report required by

paragraph (1) are necessary to reduce the number and rate of

accidents and incidents or to improve railroad safety.

(e) CONFORMING AMENDMENT.—The chapter analysis for

chapter 201, as amended by section 401 of this division, is amended

by inserting after the item relating to section 20162 the following:

‘‘20163. Certification of train conductors.’’.