Current through November 30, 2024
Section 246.207 - Certificate requirements(a) Each person who becomes a certified signal employee in accordance with this part shall be issued a paper or electronic certificate that: (1)(i) Identifies the railroad issuing the certificate; or(ii) Identifies the parent company issuing the certificate, if a parent company submits a certification program for one or more of its subsidiary railroads. The certificate issued by the parent company shall also list each subsidiary railroad on which the person is certified to work as a signal employee;(2) Indicates it is a signal employee certificate and, if applicable, lists all signal employee occupational categories or subcategories developed pursuant to § 246.107 in which the person is certified;(3) Provides the following information about the certified signal employee: (ii) Employee identification number; and(iii) Either a physical description or photograph of the person;(4) Identifies any conditions or limitations, including conditions to ameliorate vision or hearing acuity deficiencies, that restrict, limit, or alter the person's abilities to work as a certified signal employee;(5) Shows the effective date of the certification;(6) Shows the expiration date of the certification unless the certificate was issued pursuant to § 246.105(c) or (d);(7) Has been signed by an individual designated in accordance with paragraph (b) of this section; and(8) Is electronic or of sufficiently small size to permit being carried in an ordinary pocket wallet.(b) Each railroad or parent company shall designate in writing any person it authorizes to sign the certificates described in this section. The designation shall identify such persons by name or job title.(c) Nothing in this section shall prohibit any railroad or parent company from including additional information on the certificate or supplementing the certificate through other documents.(d) It shall be unlawful for any railroad or parent company to knowingly or any individual to willfully: (1) Make, cause to be made, or participate in the making of a false entry on a certificate; or(2) Otherwise falsify a certificate through material misstatement, omission, or mutilation.(e) Except as provided for in paragraph (g) of this section, each certified signal employee shall: (1) Have their certificate in their possession while on duty as a signal employee; and(2) Display their certificate upon request from:(i) An FRA representative;(ii) A state inspector authorized under part 212 of this chapter;(iii) An officer of the issuing railroad; or(iv) An officer of the person's employer if the certified signal employee is not employed by the issuing railroad.(f) If a person's signal employee certificate is lost, stolen, mutilated, or becomes unreadable, the railroad shall promptly replace the certificate at no cost to the person.(g) A certified signal employee is exempt from the requirements of paragraph (e) of this section if:(1) The railroad made its certification or recertification decision within the last 30 days and the person has not yet received their certificate; or(2) The person's signal employee certificate was lost, stolen, mutilated, or became unreadable, and the railroad has not yet issued a replacement certificate to the person who reported their lost certificate.(h) Any person who is notified or called to work as a certified signal employee and such work would cause the person to exceed certificate limitations, set forth in accordance with subpart B of this part, shall immediately notify the railroad that they are not authorized to perform that work and it shall be unlawful for the railroad to require such work.(i) Nothing in this section shall be deemed to alter a certified signal employee's duty to comply with other provisions of this chapter concerning railroad safety.