Subpart A
The Assistant Secretary is the Assistant Secretary of Labor for Occupational Safety and Health or anyone the Assistant Secretary delegates authority to under NTSSA or FRSA. See the definition at 1982.101(a).
Business days are days other than Saturdays, Sundays, and Federal holidays. This is the definition provided in 1982.101(b).
A Complainant is the employee who filed an NTSSA or FRSA complaint or someone on whose behalf a complaint was filed. See the term defined in 1982.101(c).
An Employee includes anyone currently or formerly working for, applying to work for, or whose employment could be affected by a public transportation agency or railroad carrier, and it also includes a contractor or subcontractor of such entities. See the full definition in 1982.101(d).
FRSA refers to Section 1521 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-053, Aug. 3, 2007), as amended by Public Law 110-432 (Oct. 16, 2008), codified at 49 U.S.C. 20109. See 1982.101(e).
NTSSA means Section 1413 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-053, Aug. 3, 2007), codified at 6 U.S.C. See the statutory reference in 1982.101(f).
OSHA refers to the Occupational Safety and Health Administration of the United States Department of Labor. That definition is in 1982.101(g).
Public transportation means regular, continuing shared‑ride surface transportation open to the general public or to a defined segment of the public (for example by age, disability, or low income); it specifically excludes intercity passenger rail provided by the entity described in chapter 243, intercity bus service, charter buses, school buses, sightseeing services, courtesy shuttles for specific establishments, and intra‑terminal or intra‑facility shuttles. See the full definition and exclusions in 1982.101(h).
A Public transportation agency means a publicly owned operator of public transportation that is eligible to receive federal assistance under 49 U.S.C. chapter 53. See the definition at 1982.101(i).
Railroad includes any nonhighway ground transportation that runs on rails or electromagnetic guideways (including commuter and certain high‑speed services), but it does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation. See 1982.101(j).
A Railroad carrier is any person providing railroad transportation; however, upon petition, the Secretary of Transportation may treat a group of commonly controlled railroad carriers as a single railroad carrier for certain statutory provisions if they are operating as one integrated rail system. See 1982.101(k).
The Respondent is the person alleged to have violated the NTSSA or FRSA. This is the definition in 1982.101(l).
Secretary means the Secretary of Labor or the person to whom authority under NTSSA or FRSA has been delegated. See the definition at 1982.101(m).
Any future statutory amendments that change a listed definition will automatically apply instead of the definition in this section. That transition rule is spelled out in 1982.101(n).
Yes. The definition explicitly includes an individual applying to work for a public transportation agency or railroad carrier, so job applicants are covered as "Employees" for purposes of these procedures. See 1982.101(d).
Yes. The definition expressly includes contractors and subcontractors of a public transportation agency or railroad carrier as "Employees" under this part. See 1982.101(d).
Deadlines that are measured in business days do not include Saturdays, so if a deadline falls on a Saturday it is not a business day and counting would continue to the next business day. See the definition of "business days" in 1982.101(b).
No. A shuttle that is a courtesy service for patrons of one or more specific establishments is explicitly excluded from the definition of "public transportation." See the exclusions in 1982.101(h).