Or. Admin. R. 741-060-0020

Current through Register Vol. 63, No. 8, August 1, 2024

Section 741-060-0020 - Definitions

As used in OAR 741-060-0010 through 741-060-0107, the following definitions apply:

(1) "Accident" means any event involving an RTV or occurring on a rail transit-controlled property, involving one or more of the following:

(a) "Fatality," as defined in section (13) below;

(b) "Serious Injury," as defined in section (43) below;

(c) All collisions resulting in fatality, serious injury or substantial damage;

(d) "Runaway Train," as defined in section (38) below;

(e) A collision between an RTV and another RTV;

(f) Evacuation for life safety that constitutes a real or potential danger to any person, including but not limited to, a fire, a fuel leak, a vehicle fuel leak, the presence of smoke or noxious fumes, an electrical hazard, a bomb threat, or a suspicious item or other hazard.

(g) Derailment of an RTV at any time, at any location, whatever the cause.

(2) "Accountable executive" means a single, identifiable individual who has ultimate responsibility for carrying out the RTA's PTASP and the Transit Asset Management (TAM) Plan and who has control or direction over the human and capital resources needed to develop and maintain both the RTA's PTASP, in accordance with 49 U.S.C. 5329(d), and the RTA's TAM Plan, in accordance with 49 U.S.C. 5326.

(3) "Close call/near miss" means a situation or circumstance that had the potential for safety consequences, but did not result in an adverse safety event.

(4) "Comingled Service" means:

(a) Any non-safety sensitive service at the direction of and performed for the RTA that is not separated from safety sensitive service by at least the minimum required number of continuous hours off duty. Such comingled service is counted as on-duty time pursuant to OAR 741-060-0100; or

(b) Performance of multiple safety sensitive job classifications within the same on-duty time performed for and at the direction of the RTA. Such on duty time will be subject to the most restrictive applicable RTA hours-of-service policy based on the safety sensitive functions performed during the on-duty time.

(5) "Contractor" means an entity that performs tasks on behalf of FTA, a State Safety Oversight Agency, or an RTA, through contract or other agreement.

(6) "Corrective action plan" (CAP) means a plan developed by an RTA that describes the actions the RTA will take to minimize, control, correct, or eliminate risks and hazards, and the schedule and responsibility for implementing those actions.

(7) "Derailment" means an instance when the wheel of an RTV comes off the head of the rail. It does not include vehicles only equipped with rubber tires designed for highway use.

(8) "Electronic Device" means:

(a) An electronic or electrical device used to:

(b) Conduct oral, written, or visual communication;

(c) Place or receive a telephone call;

(d) Send or read an electronic mail or text message;

(e) Look at pictures;

(f) Read a book or other written material;

(g) Play a game;

(h) Navigate the Internet;

(i) Navigate the physical world;

(j) Play, view, or listen to a video;

(k) Play, view, or listen to a television broadcast;

(L) Play or listen to a radio broadcast other than a radio broadcast by an RTA or railroad;

(m) Play or listen to music;

(n) Execute a computational function; or

(o) Perform any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee or another transit agency employee from a safety-related task.

(9) "Electronic Device" does NOT mean:

(a) Electronic control systems and information displays within the RTV whether the displays or systems are fixed or portable;

(b) A digital watch whose only purpose and function is as a timepiece;

(c) A medical device consistent with RTA standards for medical fitness for duty; or

(d) An agency supplied fixed or portable radio used only for the purposes of RTA related communications.

(10) "Emergency Preparedness and Response Plan" means a document developed and adopted by the RTA describing its responsibilities and procedures to assure rapid, controlled, and predictable responses to various types of emergencies.

(11) "Equivalent Authority" means an entity that carries out duties similar to that of a Board of Directors, for a recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and approve a recipient or subrecipient's Public Transportation Agency Safety Plan.

(12) "Event" means an accident, incident or occurrence.

(13) "Fatality" means a death or suicide confirmed within 30 days of a reportable event. Excludes deaths in or on transit property that are a result of illness or other natural causes and criminal homicides or assaults;

(14) "FTA" means the Federal Transit Administration, an agency within the U.S. Department of Transportation.

(15) "Hazard" means any real or potential condition that can cause injury, illness or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a rail fixed guideway public transportation system; or damage to the environment.

(16) "Immediate" means occurring or accomplished without delay.

(17) "Incident" means an event that involves any of the following:

(a) A personal injury that is not a serious injury;

(b) One or more injuries requiring medical transport;

(c) Non-collision damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a RFGPTS;

(d) Evacuation of an RTV into the right-of-way or other adjacent track, or customer self-evacuation;

(e) Certain low-speed collisions involving an RTV that result in non-serious injury or property damage;

(f) Damage to catenary or third-rail equipment that disrupts transit operations;

(g) Fires that result in a non-serious injury or property damage;

(h) A train stopping due to an obstruction in the tracks/hard stops; or

(i) Most hazardous material spills.

(18) "Individual" means a passenger, patron, employee, contractor, other rail transit facility worker, pedestrian, trespasser, or any person on rail transit-controlled property.

(19) "Investigation" means the process of determining the causal and contributing factors of an accident, incident, occurrence, or hazard, for the purpose of preventing recurrence and mitigating risk.

(20) "National Public Transportation Safety Program" means the plan to improve safety of all public transportation systems that receive federal financial assistance under 49 U.S.C. Chapter 53 and codified at 49 CFR 670, effective 9/12/2016.

(21) National Transit Database (NTD) Program means the program established in 49 U.S.C. 5335(a) to collect and analyze data related to transit systems and operations in the US. Congress established the NTD to be the Nation's primary source for information and statistics on the transit systems.

(22) "NTSB" means the National Transportation Safety Board, an independent federal agency that is charged with determining the probable cause of transportation accidents and promoting transportation safety.

(23) "Occurrence" means an event with:

(a) No personal injury;

(b) Non-collision-related damage to equipment, rolling stock or infrastructure that does not disrupt the operations of an RTA;

(c) Close calls/Near Misses;

(d) Violation of safety rule(s) or safety policies;

(e) Damage to catenary or third rail equipment that does not disrupt operations;

(f) Vandalism, theft or loss;

(g) Unauthorized entry.

(24) "On-duty time" means the actual time an employee reports for duty to begin a safety sensitive assignment. Such time shall continue until that employee is released or relieved from all responsibility for performing safety sensitive work.

(25) "Patron" means an individual waiting for or leaving rail transit at stations, in mezzanines, on stairs, escalators, or elevators, in parking lots or other transit-controlled property.

(26) "Person" means a passenger, employee, contractor, pedestrian, trespasser, or any individual on the property of a rail fixed guideway public transportation system.

(27) "Personal Electronic Device" means an electronic device that was not provided to the RTA employee or contractor by the employing RTA for a business purpose.

(28) "Program standard" means a written document developed and adopted by the SSOA that identifies the processes and procedures that govern the activities of the SSOA, and the processes and procedures an RTA must have in place to comply with the standard, pursuant to 49 CFR 674.27.

(29) "Public Transportation Agency Safety Plan" (PTASP) means the comprehensive agency safety plan for an RTA, which is required by 49 U.S.C. 5329(d) and based on a Safety Management System.

(30) "Public Transportation Safety Certification Training Program" means the certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems, and the employees of public transportation agencies directly responsible for safety oversight, established in accordance with 49 U.S.C. 5329(c)(2), codified at 49 CFR 672, effective 8/20/2018.

(31) "Rail fixed guideway public transportation system" (RFGPTS) means any fixed guideway system that uses rail, is operated for public transportation, is within the jurisdiction of a State, and is not subject to the jurisdiction of the Federal Railroad Administration, or any such system in the process of being designed, engineered or constructed. Rail fixed guideway public transportation systems include, but are not limited to, rapid rail, heavy rail, light rail, monorail, trolley, streetcar, inclined plane, funicular, and automated guideway used primarily for carrying passengers.

(32) "Rail transit agency" (RTA) means any entity that provides services on a RFGPTS.

(33) "Rail transit-controlled property" means property that is used by the RTA and includes property owned, leased, or maintained by the RTA.

(34) "Rail transit vehicle" or RTV means the RTA's rolling stock used on a rail fixed guideway public transportation system, including but not limited to, passenger and maintenance vehicles.

(35) "Record" means any writing, drawing, map, recording, tape, film, photograph, or other documentary material by which information is preserved. The term "record" also includes any such documentary material stored electronically.

(36) "Risk" means the composite of predicted severity and likelihood of the potential effect of a hazard.

(37) "Risk mitigation" means a method or methods to eliminate or reduce the effects of hazards.

(38) "Runaway Train" is an RTV that is no longer under the control of the operator regardless of whether the operator is physically on the vehicle at the same time;

(39) "Safety" means freedom from harm resulting from unintentional acts or circumstances.

(40) "Safety Management System" (SMS) means a formal, top-down, organization-wide data-driven approach to managing safety risk and assuring the effectiveness of a recipient's safety risk mitigations. SMS includes systematic procedures, practices and policies for managing risks and hazards.

(41) "Safety risk management" means a process within an RTA's safety plan for identifying hazards and analyzing, assessing, and mitigating safety risk.

(42) "Safety sensitive employee" means an individual employed by, contracted by, or a volunteer of, the RTA that:

(a) Operates an RTV used for carrying passengers;

(b) Dispatches or controls the movement of such vehicles;

(c) Reports, transmits, receives or delivers orders pertaining to the movement of such vehicles;

(d) Is engaged in the installation or maintenance of the on-track vehicles, train control, train protection, or signaling system; or

(e) Is designated as such by the RTA.

(43) "Serious injury" means any injury which:

(a) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury occurred;

(b) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose);

(c) Causes severe hemorrhages, nerve, muscle, or tendon damage;

(d) Involves any internal organ; or

(e) Involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.

(44) "State Safety Oversight Agency" (SSOA) means the Oregon Department of Transportation, Commerce and Compliance Division, Rail Safety Section, as designated, to meet the requirements and perform the functions specified by 49 USC 5329(e) and ORS 824.045, et seq.

(45) "Substantial Damage" means any physical damage to transit or non-transit property including vehicles, facilities, equipment, rolling stock or infrastructure that adversely affects the structural strength, performance or operating characteristics of the vehicle, facility, equipment, rolling stock or infrastructure requiring towing, rescue, onsite maintenance or immediate removal prior to safe operation. Substantial damage excludes damage such as cracked windows, dented, bent or small punctured holes in the body, broken lights, mirrors, or removal from service for minor repair or maintenance, testing, or video and event recorder download.

(46) "Unacceptable hazard" means a hazard determined to rank as unacceptable using the hazard risk index adopted by the RTA and approved by the SSOA.

(47) "Unauthorized Entry" is willful entry onto any RTA property, facility or structure, tunnel, or bridge, railyard, maintenance shop or administration area that prohibits regular public access or is protected by intrusion detection devices.

(48) "Undesirable hazard" means a hazard determined to rank as undesirable using the hazard risk index adopted by the RTA and approved by the SSOA.

(49) "Willful Violation" means an intentional voluntary act committed either with knowledge of the relevant law or reckless disregard for whether the act violated the requirements of the law.

Or. Admin. R. 741-060-0020

RS 1-1998, f. & cert. ef. 6-19-98; RD 2-2003, f. & cert. ef. 7-17-03; RD 1-2007, f. & cert. ef. 3-7-07; RD 1-2010, f. & cert. ef. 10-25-10; RD 1-2017, amend filed 09/27/2017, effective 9/27/2017; RD 1-2021, amend filed 07/19/2021, effective 7/19/2021

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045