A. All on track self-propelled equipment used for tie renewal, weighing 10,000 lbs. or over, must be equipped with horn, mirrors on both sides, roof for rain or sun protection, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), and a turntable warning light if equipped with turntable.

B. All on track equipment used to load, unload, dispense, or handle ties or material must have full cab enclosure, windshield safety glass, horn, worklights front and rear, mirrors both sides, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), heater and fan, and a first aid kit whenever equipment is in use.

C. All on track self-propelled equipment weighing 7,000 lbs. or over that tamps, compacts, scarifies, cribs, regulates, undercuts or moves ballast must be equipped with full cab enclosure that insures air quality and dust protection, windshield safety glass, horn, worklights front and rear, (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, two-way radio (if part of the equipment could foul an adjacent track during normal operations), heater and fan, fire extinguisher, and a first aid kit whenever equipment is in use.

D. All self-propelled off track construction equipment weighing 10,000 lbs. or over must have windshield safety glass, heater and fan, windshield wipers if equipped with full cab enclosure, back-up warning beepers and brake lights. In addition, all self-propelled off track construction equipment weighing 10,000 lbs. or over ordered after the effective date of these regulations shall also be equipped with roll bars if offered as an option by the manufacturer.

E. All self-propelled equipment ridden by an operator shall be equipped with a horn, protective cover for rain or sun protection, flashing strobe light, turntable warning light if equipped with turntable, and weight of equipment displayed on side.

F. All brush cutting equipment weighing 7,000 lbs. or over using rotary blades shall have the operator and driver compartment protected against penetration into the compartment in the event a blade should break or fly off. It shall be equipped with full cab enclosure, horn, mirrors both sides, flashing strobe light, brake lights front and rear for on track equipment, rear brake lights only for off track or rubber tire type equipment, turntable warning lights if equipped with turntable, first aid kit whenever equipment is in use, heater and fan, and a two-way radio if a part of the equipment could foul an adjacent track during normal operations.

G. All on track self-propelled equipment weighing 7,000 lbs. or over used to pick, move, lift, hoist, and vibrate rail shall be equipped with windshield safety glass, windshield wiper, full cab enclosure, horn, mirrors both sides, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, first aid kit whenever equipment is in use, heater and fan, and a two-way radio if a part of the equipment could foul and adjacent track during normal operations.

All newly acquired self-propelled on track equipment, ordered on or after the effective date of these regulations, weighing 10,000 lbs. or more shall be equipped with full cab enclosure with heater and fan, windshield safety glass, windshield wipers, horn, mirrors both sides, flashing strobe lights front and rear (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, two-way radio if part of the equipment could foul adjacent track during normal operations, and adequate work lights. The operator shall have clear view in travel directions. Operator’s compartment shall be constructed in such a manner to protect operator from injury caused by equipment protrusions or hydraulic hose ruptures.

Equipment located at the front and rear of a production gang shall have a two way radio, which may be portable.

A railroad or other interested party may petition the Commission for a temporary or permanent waiver of compliance with any of the requirements prescribed in §§ 1.1, 1.2 or 1.3 of this Part above. No waiver may be granted unless the petitioner establishes good cause for granting the waiver. The Commission may grant the waiver subject to any condition it deems necessary. The Commission shall normally rule on a waiver petition within three (3) months, provided, however, that a petitioner may request expedited consideration, which the Commission shall endeavor to provide.

Upon compliance with the provisions of 29 U.S.C. Sec. 667, and approval by the Secretary of Labor of a Rhode Island State plan for the development and enforcement of air contaminant standards and noise exposure standards, the Federal Occupational Safety and Health air contaminants standards (29 C.F.R. Parts 1910.1000 - 1910.1200) and the noise exposure 3 standards (29 C.F.R. Part 1910.95) shall be adopted and incorporated herein by reference as regulations of the Commission.

A. The following equipment shall be exempt from the provisions of these regulations:

1. One Amtrak scarifier having Amtrak number N21507 and serial number 243156

2. One Amtrak Canron track undercutter Model GO-4 having Amtrak number A15001 and serial number 4781237

3. Four Amtrak rail vibrators having the following Amtrak numbers and serial numbers:

4. Providence & Worcester Railroad Company equipment:

5. Equipment rented or leased by a railroad for a period of seven (7) calendar days or less.

The time for compliance shall be one year from the effective date of these regulations. Upon good cause shown, a railroad may seek a further extension.

To the extent that sufficient equipment which complies with these regulations is not readily available, these regulations shall not apply in any case of casualty or unavoidable accident or act of God.