Railroad roadway maintenance machines

Under 1926.1442(a), employers must follow the subpart for any equipment that meets the definition of a “roadway maintenance machine” as defined in 49 CFR 214.7, except where the Federal Railroad Administration (FRA) has authority. See 1926.1442(a).

• Practical tip: If the machine operates on or adjacent to track and fits the FRA definition in 49 CFR 214.7, treat it as a roadway maintenance machine for 1926.1442(a) coverage.

Under 1926.1442(b)(1), the OSHA requirements in 1926.1427 (operator qualification and certification) and 1926.1430 (training) do not apply to roadway maintenance machines when the employer is subject to FRA authority. See 1926.1442(b)(1).

• Supporting refs: 1926.1427 and 1926.1430.
• Practical note: This means OSHA’s operator qualification and training rules are excepted only when FRA jurisdiction applies; it does not automatically remove all training obligations (employers must still comply with any applicable FRA requirements).

Under 1926.1442(b)(1), the cited qualification and training requirements for derricks (1926.1436(q)), sideboom cranes (1926.1440(a)), and equipment with a rated hoisting/lifting capacity of 2,000 pounds or less (1926.1441(a)) do not apply when the employer is subject to FRA authority. See 1926.1442(b)(1).

• Supporting refs: 1926.1436(q), 1926.1440(a), and 1926.1441(a).
• Practical note: If you are not subject to FRA requirements, these OSHA training and qualification rules still apply.

Under 1926.1442(b)(2)(i) and (ii), the requirements for rail clamps and rail stops in 1926.1415(a)(6) do not apply to roadway maintenance machines when the employer is subject to FRA authority. See 1926.1442(b)(2) and 1926.1415(a)(6).

• Practical point: If your operation falls under FRA jurisdiction, OSHA’s specific rail clamp/stop rules are excepted; you must instead follow applicable FRA requirements and safe work practices.

Under 1926.1442(b)(2)(iii), the work-area controls specified by 1926.1424(a)(2) do not apply to roadway maintenance machines when the employer is subject to FRA authority. See 1926.1442(b)(2)(iii) and 1926.1424(a)(2).

• Practical note: Employers under FRA jurisdiction should follow FRA-prescribed controls for worker protection in the track work area.

Under 1926.1442(b)(3), the OSHA restrictions on out-of-level work and the requirements for crane-level indicators and inspections (including 1926.1402(b), 1926.1412(d)(1)(xi), and 1926.1415(a)(1)) do not apply to roadway maintenance machines when the employer is subject to FRA authority. See 1926.1442(b)(3).

• Supporting refs: 1926.1402(b), 1926.1412(d)(1)(xi), and 1926.1415(a)(1).
• Practical implication: If FRA requirements cover tilt/out-of-level protections for these machines, OSHA’s specified requirements are excepted.

Under 1926.1442(b)(4), the OSHA prohibition on dragging a load sideways in 1926.1417(q) does not apply to roadway maintenance machines when the employer is subject to FRA authority. See 1926.1442(b)(4) and 1926.1417(q).

• Practical note: This is an exception tied to FRA jurisdiction; employers must follow applicable FRA rules and safe operating procedures.

Under 1926.1442(b)(5), the OSHA requirement in 1926.1416(d)(1) for a boom-hoist limiting device does not apply to roadway maintenance machines when the cranes use hydraulic cylinders to raise the booms and the employer is subject to FRA authority. See 1926.1442(b)(5) and 1926.1416(d)(1).

• Practical consequence: For hydraulic-boom roadway maintenance machines under FRA jurisdiction, OSHA’s specific boom-hoist limiting-device rule is excepted; follow FRA or manufacturer guidance where applicable.

Under 1926.1442(b)(6), the requirement to follow the manufacturer’s guidance for modifications set out in 1926.1434 does not apply if the employer is subject to the requirements of 49 CFR part 214. See 1926.1442(b)(6) and 1926.1434.

• Practical tip: If FRA jurisdiction applies, you should document and follow the FRA and manufacturer controls that do apply, but the specific OSHA-mandated manufacturer-guidance requirement in 1926.1434 is excepted.

Under 1926.1442(b)(7), when an employer is subject to 49 CFR part 214, OSHA’s requirements to follow the manufacturer's guidance in 1926.1404(j), (m), or (q); 1926.1415(a)(6); 1926.1417(a), (r), (u), or (aa); 1926.1433(d)(1)(i); or 1926.1441 do not apply. See 1926.1442(b)(7).

• Practical note: This is a limited list of manufacturer-guidance requirements that OSHA excepts when FRA authority covers the work; other OSHA rules in the subpart still apply unless specifically excepted.

Under 1926.1442(a), if an employer is not subject to the authority of the Federal Railroad Administration, the employer must comply with the requirements in the entire subpart for roadway maintenance machines (no exceptions apply). See 1926.1442(a).

• Practical action: If FRA jurisdiction does not apply to your operation, follow all applicable OSHA rules in the subpart, including the provisions specifically listed as exceptions when FRA does apply.

Under 1926.1442, employers should determine FRA authority by checking whether their equipment meets the FRA definition of "roadway maintenance machine" and whether their operations are regulated by FRA requirements in 49 CFR part 214; if subject to FRA authority, the exceptions in 1926.1442(b)(1)–(7) apply. See 1926.1442(a).

• Practical step: Review 49 CFR part 214 (including 49 CFR 214.7's definitions) and consult your railroad’s or contractor’s legal/compliance team to confirm FRA coverage before applying OSHA exceptions.
• Note: 1926.1442 ties the exceptions specifically to being "subject to the authority of the Federal Railroad Administration."

No. Under 1926.1442, the listed exceptions only remove specific OSHA requirements when the employer is subject to FRA authority; employers remain responsible for complying with other OSHA rules in the subpart that are not excepted and with applicable FRA regulations and safe work practices. See 1926.1442.

• Practical point: Even when specific OSHA provisions are excepted, employers must still meet FRA requirements and general OSHA duties (including the General Duty Clause) and follow any remaining applicable OSHA standards.

Under 1926.1442(b)(1), OSHA’s specific operator qualification and training rules do not apply when FRA authority covers the operation, but employers must still comply with FRA training and qualification requirements and ensure workers are trained and competent under applicable regulations. See 1926.1442(b)(1).

• Practical advice: Rely on and document compliance with FRA training and qualification standards (49 CFR part 214) if you are subject to FRA jurisdiction; do not assume a regulatory gap.

Yes. OSHA sanitation requirements apply to roadway maintenance groups working along railroad tracks when FRA has not promulgated sanitation rules; OSHA enforces sanitation under 29 CFR 1910.141 or 29 CFR 1926.51 depending on the work. OSHA confirmed this in its May 14, 2024 letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14 and in 1926.1442.

• Practical implication: Even if FRA covers many railroad safety matters, employers must still provide required sanitation facilities under OSHA when FRA has not adopted equivalent sanitation regulations. See the OSHA interpretation: https://www.osha.gov/laws-regs/standardinterpretations/2024-05-14.
• Helpful refs: OSHA sanitation standards at 29 CFR 1910.141 and 29 CFR 1926.51.

Under 1926.1442(b)(5), OSHA’s requirement for a boom-hoist limiting device in 1926.1416(d)(1) does not apply to roadway maintenance machines that use hydraulic cylinders to raise booms when the employer is subject to FRA authority. See 1926.1442(b)(5) and 1926.1416(d)(1).

• Practical note: This exception is specific to highways covered by FRA; follow FRA or manufacturer safeguards for boom control where applicable.

Under 1926.1442(b)(7), the specific manufacturer's guidance requirements in 1926.1404(j), (m), and (q) are excepted for roadway maintenance machines when the employer is subject to FRA part 214; however, other safety-related manufacturer requirements not listed may still apply. See 1926.1442(b)(7) and 1926.1404.

• Practical action: Verify which manufacturer instructions are required by FRA rules or industry practice, and document your basis for relying on FRA-equivalent procedures.

Under 1926.1442, an employer should document that the equipment and operations are subject to FRA authority (49 CFR part 214) and maintain records showing compliance with applicable FRA regulations, manufacturer guidance, and any remaining OSHA requirements—this demonstrates why the 1926.1442(b) exceptions apply. See 1926.1442.

• Practical documentation: copies of FRA certifications/registrations, 49 CFR citations relied on, training records under FRA rules, equipment manuals, and site-specific procedures.
• Why: Proper documentation reduces confusion during inspections and shows a reasoned compliance approach when OSHA exceptions are claimed.

No. Under 1926.1442, the exceptions in (b)(1)–(7) remove only specific OSHA requirements for roadway maintenance machines when the employer is subject to FRA authority; OSHA retains jurisdiction over other standards and general safety duties not specifically excepted. See 1926.1442.

• Practical point: Exceptions are narrow and listed; anything not expressly excepted remains enforceable by OSHA unless superseded by FRA rulemaking.

Under 1926.1442(b)(6), the OSHA requirement to follow the manufacturer's guidance for modifications in 1926.1434 does not apply when the employer is subject to 49 CFR part 214. See 1926.1442(b)(6) and 1926.1434.

• Practical advice: Even if that OSHA requirement is excepted, you must still ensure modifications meet FRA rules, manufacturer limits, and safe engineering practices.

Yes. Under 1926.1442(a) and (b), only the particular provisions listed in paragraphs (b)(1)–(7) are excepted when FRA authority applies; all other OSHA requirements in the subpart remain applicable. See 1926.1442.

• Practical takeaway: Do not assume broad exemptions—review 1926.1442 carefully and treat only the enumerated provisions as excepted.

Under 1926.1442, where FRA authority applies and the section explicitly excepts certain OSHA requirements, employers should follow the FRA requirement for those specific matters; for all other topics, employers must comply with OSHA requirements. See 1926.1442.

• Practical guidance: Identify whether the OSHA rule is explicitly excepted by 1926.1442(b). If it is, follow FRA regulations; if it is not excepted, comply with OSHA.
• If unsure, document your analysis and consult legal/compliance counsel or the relevant agencies.

Under 1926.1442(a), employers should consult the full subpart standards to identify requirements that remain in force; the exceptions are limited to the paragraphs listed in 1926.1442(b)(1)–(7). See 1926.1442(a).

• Practical step: Review the standard sections referenced in the subpart (for example, 1926.1402, 1926.1404, 1926.1412, etc.) and treat only the items expressly listed in 1926.1442(b) as excepted.