Section 242.113 - Prior safety conduct as an employee of a different railroad(a) Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.(b) After the pertinent date specified in § 242.105(d) or (e) , each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person meets the eligibility requirements of this section.(c) Except for persons designated as conductors under § 242.105(a) or (b) or for persons covered by § 242.109(f) , each person seeking certification or recertification under this part shall, within 366 days preceding the date of the railroad's decision on certification or recertification:(1) Request, in writing, that the chief operating officer or other appropriate person of the former employing railroad provide a copy of that railroad's available information concerning his or her service record pertaining to compliance or non-compliance with §§ 242.111 , 242.115 , and 242.403 to the railroad that is considering such certification or recertification; and(2) Take any additional actions, including providing any necessary consent required by State or Federal law to make information concerning his or her service record available to that railroad.