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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
RAIL DIVISION

 

DIVISION 320

STANDARD WALKWAYS

 

741-320-0010

Applicability of Rules

(1) Except as provided in section (2) of this rule, the walkway rules shall apply to each railroad owning and capitalizing railroad trackage, and each person or unit of government owning, leasing or holding a salvage interest in railroad trackage.

(2) OAR 741-320-0060(4) shall apply to those occupying property adjacent to railroad trackage, in addition to those entities or persons set forth in section (1) of this rule.

(3) The Department may order walkways conforming to OAR 741-320-0080 be constructed and maintained along one or both sides of any railroad track, structure, or railway tunnel where not otherwise required by these rules, only after notice to the affected railroad and hearing (in case of dispute).

(4) Except as approved by the Department, no railroad track or structure shall be placed in service until walkways have been provided that are in compliance with the applicable standard and notice is given to the Department.

(5) Other than for routine maintenance, any structure altered or rebuilt shall be equipped with a walkway on at least one side conforming to standards set forth in OAR 741-320-0130.

(6) A railroad operating on its own or another railroad's property shall comply with all the rules contained in chapter 741, divisions 300 through 335, and any order issued by the Department or any predecessor agency, for that portion of the railroad facility upon which it is operating.

(7) These rules do not apply:

(a) During periods of new track construction, maintenance, repair, renewal, reconstruction, or alteration of a right-of-way, track, or structure, where obstruction or removal of a walkway is unavoidable, provided affected railroad personnel are given prior written notice and provided walkways are returned to standard upon completion of the work. Unless authorized by the Department, non-standard walkways shall not exist for a period exceeding 30 days, unless all reasonable efforts are being made to complete the work as soon as is possible;

(b) During periods of heavy rain or snow, derailments, rock and earth slides, washouts, and like unforeseen conditions, including a reasonable time to permit necessary restorations.

(c) During periods of new construction of industry tracks, not to exceed 15 calendar days from date of first use without written consent of the Department, provided written notice is given to all affected railroad employees and to the Department; or

(d) At locations where the Department or the Public Utility Commission has authorized an impairment of standard clearance for a permanent obstruction, which has been placed or constructed alongside a track in such a location as to block the walkway partially or to prevent construction of the applicable standard walkway, the available space between the impairing obstruction and the track shall meet the applicable walkway standard in every respect except as prevented by the impairment.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 4-1990, f. & cert. ef. 4-17-90 (Order No. 90-488); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0180; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0020

Definitions

As used in OAR 741-320-0010 through 741-320-0170, 741-325-0010, 741-330-0010 through 741-330-0040 and 741-335-0010 through 741-335-0050, unless the context requires otherwise:

(1) "Structure" is any bridge or trestle on which a railroad track is constructed.

(2) "Walkway" is a pathway located alongside or in the vicinity of a railroad track for the purpose of providing an area for railroad employees to perform their normal trackside duties.

(3) "Inside edge of a walkway" is that edge of a walkway closest to the nearest rail of the track for which the walkway is constructed.

(4) "Yard" is a system of tracks other than main tracks and sidings used for making up trains, storing cars and other purposes including the inspection, repair and cleaning of cars.

(5) "Railroad shop or repair track" is a fixed repair facility or track that is regularly and consistently used to perform major repairs, regardless of whether a mobile repair vehicle is used to conduct the repairs.

(6) "Major repair" means a repair that normally requires greater than four person-hours to accomplish or involves the use of specialized tools and equipment. Major repairs include such activities as coupler replacement, draft gear repair, and repairs requiring the use of an air jack but exclude changing wheels on intermodal loading ramps either with or without an air jack.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0190; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0040

Standards for Granting Variances

The primary purpose of ORS 824.056, and the walkway standards adopted by the Department is to protect the safety of railroad employees. However, subsection (2) of ORS 824.056 authorizes the Department to permit variances from the walkway standards for "good cause" shown. "Good cause," for purposes of variances from the Department walkway standards, exists if:

(1) The risk to railroad employee safety caused by the nonstandard condition(s) will not be significantly greater than the risk railroad employees would ordinarily encounter if the facility was in compliance with the walkway standards;

(2) The degree of impairment to railroad employee safety does not justify the expense of bringing the facility into compliance with the walkway standards; or

(3) Other useful purposes served by the nonstandard condition(s) outweigh the impairment to railroad employee safety.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.056
Stats. Implemented: ORS 824.050 & ORS 824.056
Hist.: PUC 11-1983, f. & ef. 10-6-83 (Order No. 83-620); PUC 2-1984, f. & ef. 2-10-84 (Order No. 84-091); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0245; RS 2-1998, f. & cert. ef. 8-20-98

 

741-320-0050

Applications for Variances and Operation Restriction(s)

(1) An application for a variance from standard walkways shall contain a statement of the condition(s) involved, the reasons for the request, and the estimated cost of bringing the facility involved into full compliance with the walkway standards. Application forms may be obtained from the Department, or online at "www.oregon.gov/odot/rail/railemployeesafety.shtml". Applications must be filed with the Department within 30 days of the date the Department documents the nonstandard condition(s). Incomplete applications will be returned.

(2) In lieu of requesting a variance from the walkway standards, if railroad employee safety will not be impaired, the owner or lessee of a track on which service is provided to no other businesses may restrict operations over any portion of the track by posting operation restriction signs, conforming to OAR 741-330-0010(2). Signs shall be located on each side of the track, facing incoming railroad movements, to a point beyond which no railroad employee may go or move equipment. The person posting the signs shall provide written notification of the intent to restrict operations, to the Department and each railroad that provides service over the track at least two weeks in advance of installation of the operation restriction signs.

(3) In lieu of requesting a variance from the walkway standards, if neither railroad service to another rail user nor railroad employee safety will be impaired, the owner or lessee of a track on which service is provided to one or more other businesses may apply to the Department (copy to the affected railroad) for written approval to restrict operations over any portion of the track by use of operation restriction signs conforming to OAR 741-330-0010(2). Signs will be located on each side of the track facing incoming railroad movements, at a point beyond which no railroad employee may go or move equipment. Following railroad comment the Department may act upon the application as circumstances warrant. If the application is approved, the person permitted to install such signs shall provide written notification of the intent to restrict operations to the Department and each affected railroad at least two weeks in advance of installation of the operation restriction signs.

(4) Upon receipt of the foregoing notification of installation, each affected railroad shall immediately instruct its operating employees in writing, in special instruction or timetable bulletin, not to go or move equipment beyond the point at which the operation restriction signs are posted.

(5) Before an owner or lessee of a track removes an operation restriction sign, an application for a variance under section (1) of this rule, must be filed with, and approved by, the Department, unless the facility is in full compliance with the walkway rules.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 3-1985, f. & ef. 4-8-85 (Order No. 85-291); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0250; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0060

Surface

(1) Walkways shall have a reasonably regular surface and shall be maintained in a safe condition, clear of such vegetation, debris, standing water and other obstructions which may constitute a hazard to railroad employees working on the ground.

(2) Except as provided in section (3) of this rule, walkways located along yard tracks and tracks where switching is regularly performed two or more times weekly shall be surfaced with crushed material not to exceed American Railway Engineering and Maintenance-of-way Association (AREMA) standard No. 4; 1 1/2 inches in size, or with asphalt, concrete, planking, grating or similar material.

(3) Walkways located along switching lead tracks, switches in yards, car spotting areas, and railroad shop or repair tracks, shall be surfaced with crushed material not to exceed AREMA standard No. 5; 1 inch in size, or with asphalt, concrete, planking, grating or similar material.

(4) The Department, after investigation, upon its own motion, or upon the petition of any aggrieved person may determine that the safety of railroad employees requires the applicable standard set forth in section (2) or (3) of this rule for any walkway.

(5) No railroad, owner or lessee shall allow debris on walkways.

(6) Walkways not covered by section (2) or (3) of this rule may be surfaced with crushed ballast materials.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0300; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0070

Slope

(1) Except as provided in sections (2) and (3) of this rule, walkways shall not have a slope in excess of 1 to 8 in any direction.

(2) Excess slope is permissible where the proximity of adjacent tracks so dictates so long as the slope between tracks is constant. When frequent switching occurs, or railroad employees inspect and repair cars, terracing may be required between adjacent tracks to provide a level surface for a walkway.

(3) Excess slope is permissible at locations where a vehicle or pedestrian way intersects a standard walkway unless the Department, after investigation, upon its own motion or upon the petition of any aggrieved person determines that the safety of railroad employees requires the slope prescribed by section (1) of this rule.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.056
Stats. Implemented: ORS 824.050 & ORS 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0305; RS 2-1998, f. & cert. ef. 8-20-98

 

741-320-0080

Walkway Standard No. 1: Between Yards and Switches

(1) Walkway Standard No. 1 shall be a walkway with a minimum width of at least 2 feet, the outside edge of which shall be no closer than 8 feet and no further than 22 feet from the centerline of the track. It shall be constructed and maintained so that the elevation of its surface is not below the base of the ballast section of the roadbed nor above the top of the ties and in compliance with OAR 741-320-0070(1). If required by the Department under OAR 741-320-0010(3), Walkway Standard No. 1 shall apply to all trackage, except where Walkway Standard No. 2, No. 3 or No. 4 is applicable.

(2) See Figure 320-1 for a diagram of the minimum measurements for walkway standard No. 1.

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0310; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0090

Walkway Standard No. 2: Yards, Car Spotting Areas and Regular Crew Change Points

(1) Walkway Standard No. 2 shall be a walkway constructed to a minimum width of 6 feet, as measured from the outside edge of the rail. It shall be constructed and maintained so that the elevation of its surface is approximately level with the tops of the ties, but not above top of rail. Walkway Standard No. 2 shall be located along both sides of all tracks within yards and in advance of, to include all points contiguous to yards where railroad employees normally work on the ground.

(2) In areas where railroad or industry car spotting is performed, walkways conforming to Walkway Standard No. 2 shall be constructed and maintained throughout the area where cars are actually spotted, and in advance of, to include all locations where railroad employees normally work on the ground.

(3) At regular crew change points, a walkway conforming to Walkway Standard No. 2 shall be constructed and maintained on one side of the track throughout the area where employees are getting on and off locomotives or cabooses.

(4) See Figure 320-2 for a diagram of the minimum measurements for Walkway

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242; PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0315; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0100

Walkway Standard No. 3: Switches

(1) Walkway Standard No. 3 shall be a walkway constructed to a minimum width of 6 feet, as measured from the outside edge of the rail. It shall be constructed and maintained so that the elevation of its surface is approximately level with the top of the ties, but not above top of rail. Except as provided in section (2) of this rule, Walkway Standard No. 3 shall be located along both sides of the track for a minimum distance of 125 feet on each side of every switch stand or other trackside switch-throwing mechanism.

(2) Walkways conforming to this standard shall be continuous and maintained from the switch stand through the switch frog and along the diverging tracks to a point at least 25 feet beyond the 13 feet clearance point of the switch.

(3) An additional 3 feet of walkway width shall extend for a minimum distance of 4 feet in each direction from the switch stand or other trackside switch-throwing mechanism on the side of the track where the mechanism is located. This additional 3 feet of width shall be gradually tapered back to the 6 feet minimum width in a distance of not less than 20 feet.

(4) See Figure 320-3 for a diagram of the minimum measurements for Walkway Standard No. 3.

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 6-1983, f. & ef. 6-13-83 (Order No. 83-313); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0320; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0110

Walkway Standard No. 4: Derails

(1) Walkway Standard No. 4 shall be a walkway constructed and maintained to conform, in width and elevation, to OAR 741-320-0100 (Standard No. 3). As measured from the derail mechanism, the walkway shall extend for 20 feet toward the switch and 10 feet away from the switch. At derails operated by a switch stand, an additional 3 feet of walkway width shall extend for a minimum distance of 4 feet in each direction from the switchstand, and only on the switchstand side of the track. This additional 3 feet of width shall be gradually tapered back to the 6 feet minimum width in a distance of not less than 20 feet in the direction toward the switch and not less than 10 feet in the direction away from the switch.

(2) Derails located within 200 feet of a switch throwing mechanism shall have a continuous Standard No. 3 walkway between the two on the same side of the track as the derail or derail switch stand.

(3) See Figure 320-4 for a diagram of the minimum measurements for Walkway Standard No. 4.

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0322; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0120

Access Walkways

(1) Walkways shall be constructed and maintained to provide access between tracks in yards wherever adjacent tracks are 20 feet or less apart, as measured from centerline to centerline. Such walkways shall be at least 2 feet in width and shall be provided at intervals as necessary to enable railroad employees to walk from one track to another to perform switching or other work about trains.

(2) Adequate access walkways shall be provided at locations where train crew members are regularly dropped off or picked up by a highway vehicle. Walkways of at least 2 feet in width shall be constructed and maintained to allow employees to safely walk between the normal stopping point of the highway vehicle and the track where the locomotive or caboose is located, or where work is to be performed.

(3) Except as provided in sections (1) and (2) of this rule, access walkways with a minimum width of 2 feet shall be constructed and maintained when and where determined necessary by the Department.

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0325; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0130

Walkways on Structures

(1) A walkway on a structure shall have a minimum width of 2 feet, the outside edge of which shall be no closer than 7 feet 9 inches to the centerline of the track. It shall be constructed and maintained in such a manner that its surface is as close as possible to the top of ties. See Figure 320-5 for a diagram of a walkway on a structure.

(2) At each end of a structure the walkway shall be gradually tapered in accordance with OAR 741-320-0070 (slope) to meet the base of the ballast section or an existing walkway.

(3) Any structure altered or rebuilt, other than for routine maintenance, shall be equipped with a walkway conforming to standards set forth in OAR 741-320-0130.

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0330; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0140

Walkways in Tunnels

(1) A walkway conforming to OAR 741-320-0080 (Standard No. 1), shall be constructed and maintained in a tunnel, upon order of the Department, only after notice to the affected railroad and hearing (in case of dispute), and be located as close as is possible to the tunnel wall, with its surface as close as possible to the top of ties.

(2) At each end of a tunnel the walkway shall be gradually tapered in accordance with OAR 741-320-0070 (slope) to meet the base of the ballast section or an existing walkway.

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.056
Stats. Implemented: ORS 824.050 & ORS 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0332; RS 2-1998, f. & cert. ef. 8-20-98

 

741-320-0150

Handrails

Except for walkways between tracks, each walkway on an elevated structure such as a bridge or trestle, shall be equipped with an adequate handrail at a height of 42 inches, plus or minus 3 inches, above the walkway surface. The handrail shall be constructed in such a manner that it shall not sag more than 3 inches from the height of the supporting fixture. The handrail shall be located at the outside edge of the walkway. Effective one year from the last effective date of this rule.

[ED. NOTE: Figures referenced are available from the agency.]

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); PUC 3-1985, f. & ef. 4-8-85 (Order No. 85-291); PUC 26-1985, f. & ef. 12-19-85 (Order No. 85-1196); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0335; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0160

Walkways on Curves

Except where OAR 741-320-0080 (Standard No. 1) applies, a walkway located on the inside of a curve exceeding 17 degrees shall have a minimum width of 7 feet as measured from the outside edge of rail. See OAR 741-315-0010(3).

Stat. Auth.: ORS 184.616, 184.619, 823.011 & 824.056
Stats. Implemented: ORS 824.050 & 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0340; RS 2-1998, f. & cert. ef. 8-20-98; RD 1-2006, f. & cert. ef. 8-28-06

 

741-320-0170

Walkways for Trackside Warning Devices

A walkway conforming to OAR 741-320-0080 (Standard No. 1) or 741-320-0130 (Walkways on Structures) as appropriate, shall be constructed and maintained, upon order of the Department, for such distance and in each location as is necessary to facilitate inspection of a train stopped by a trackside warning device, only after notice to the affected railroad and hearing (in case of dispute).

NOTE: The Department may order the walkways prescribed in this rule only after notice to the affected railroad and hearing (in case of dispute).

Stat. Auth.: ORS 184.616, ORS 184.619, ORS 823.011 & ORS 824.056
Stats. Implemented: ORS 824.050 & ORS 824.056
Hist.: PUC 13-1981, f. & ef. 12-21-81 (Order No. 81-900); PUC 4-1983, f. & ef. 5-3-83 (Order No. 83-242); RS 2-1996, f. & cert. ef. 3-14-96; Renumbered from 860-044-0342; RS 2-1998, f. & cert. ef. 8-20-98

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