§21103 Limitations on duty hours of train employees

Summary

Limits how long railroad train employees can be required to work, wait, or ride deadhead travel. A worker cannot be made to spend more than 276 hours in a month doing on-duty work, waiting for or riding deadhead from a duty assignment, or other required service. No one can be on duty more than 12 hours in a row. To start a shift, an employee must have had at least 10 hours off in the prior 24 hours. After starting work each day, an employee may not do so for 6 straight days unless they then get 48 consecutive hours off at their home terminal. A seventh day of work is allowed only if the sixth day ended away from home terminal, but then the worker must get 72 consecutive hours off at home. A schedule of 7 consecutive work days with 72 hours off is also allowed in specific collective bargaining or authorized pilot-program situations, including rules tied to the Rail Safety Improvement Act of 2008 (18-month period) or pilot programs. On-duty time rules: time on duty starts when the employee reports and ends when finally released; time moving a train or doing any service during a 24-hour period when the employee is tied to movement is on duty; deadhead to a duty assignment is on duty; deadhead from assignment to final release is neither on nor off duty. Short rest or interim periods at non-terminal places or less than 4 hours at a terminal count as on duty. A rest period of at least 4 hours at a place with food and lodging is off duty if the employee cannot return to the terminal because of casualty, track obstruction, act of God, derailment, or major equipment failure that was unknown and unforeseeable when they left. Railroads may not require passing certain monthly caps on waiting or deadhead time (40 hours and 30 hours in different cases) and must report any excess to the Secretary. Wreck or relief crews may be kept on duty up to 4 extra hours in 24 during an emergency (which ends when track is cleared and the line is open). During required 10-hour off-duty periods, 4-hour rest periods, or additional off hours under the deadhead limits, railroads must not contact employees in a way that would likely disturb their rest, except to notify them of an emergency; the Secretary may waive that no-contact rule for commuter or intercity passenger railroads if safety is not reduced and timely operations require it.