RSIA - Updated Mechanical Q&A

The new regulations refer to train employees and signal employees. If an employee was covered before but is not a train or signal employee, is that employee still covered?

Yes.  Train and signal do not refer to job titles but to service performed.  For example, an electrician who works on coded cab signals and a mechanical mover who moves locomotives who were previously covered are still covered.  The electrician performs signal work so is covered under the signal provisions and the mover performs train work so is covered under the train provisions.

What parts of the RSIA apply to train service and signal service?

RSIA	Applies to train service	Applies to signal service
10 hours of undisturbed rest in the previous 24 hours required prior to shift performing covered work?	Yes	Yes
Must have 10 hours undisturbed rest after a shift performing covered work to prevent co-mingling by a second shift (even if the second shift is not covered service)?	Yes	Yes
48 hours of time off after 6th consecutive day performing covered work?	Yes	No
Limited to 276 hours of work per month?	Yes	No

What is the interpretation of an "on duty period each day"? Is it based on an 8 hour day, 4 hour day, or just any amount of time clocked in and worked in a day?

An on duty period is a work period in which some covered service is performed for any part of the period. The period does not need to include 8 hours, just if covered service is performed during the shift.

If an employee works 5 consecutive "days" under covered train service, is the employee allowed to accept a work assignment on his or her 6th day if the job is non-covered service? (i.e. fueling, sanding, supplying, etc.) If the employee is eligible to work a non-covered service job on the 6th day, then would he or she be able to accept a work assignment on his or her 7th day for another non-covered service job?

Since the employee has not worked 6 consecutive train service covered shifts they may work non-covered shifts on days 6 and 7.  (Item #4 of the FRA guidelines under 48/72 hours issues)

If an employee worked a relief job performing train service and was assigned to non-covered service on one day during the 5 day work week, would the employee be able to accept a work assignment on his or her 6th and 7th day?

Yes, see immediately above.

An employee who is normally scheduled to work their five day schedule on a covered train service job does not work a full shift on one day of the week. Can that employee accept a work assignment on his or her 6th day since he or she had not worked "full 5 consecutive days"?

RSIA does not prohibit covered train service work on the 6th day, it just outlines the rest requirements if covered train service is performed for six consecutive days.

Or is a "day" just considered any time the employee is clocked in, no matter the amount of work time?

Yes, if covered train service is performed at any time worked that day.

An employee’s work schedule is Mon. thru Fri. 8a-4p involving covered train or signal service work, is he or she eligible to accept a call to double back at midnight on Friday for a job that is non-covered service?

No, the 10 hours UDR requirement is prior to a covered-service shift, but also afterwards (to prevent co-mingling by a second shift, even if the second shift is not covered service). In this example, the employee is not eligible to double back.

Due to bidding from one job to another, an employee would be scheduled for their regular assignment to work 10 consecutive days on a covered train service work. Does the RSIA prevent the employee from working his or her first 2 days of his or her newly assigned job and, if so, would he or she be paid for missing the straight-time shifts?

An employee is not eligible under RSIA to work for 48 hours after the 6th day of covered train service work. The employee would not be paid as the law requires his or her time off work.

An employee who works in covered train service is forced to cover a two-day holiday (performing covered train service) that falls on his or her 6th and 7th days. How will this be applied given the new regulation?

The regulation does not prevent an employee from working the 6th day, but the RSIA would require 48 hours time off and that employee would not be eligible or able to work the 7th day.

Is performing a daily inspection covered train service?

No – while covered train service employees may perform this work, in and of itself, daily inspections are not covered train service.

Would Locomotive Mover Class for Mover Certification/License be considered mandatory and covered train service?

If the student is not moving equipment as a part of the class, it would not be considered covered train service for that day.

Is a four hour break in service still applicable to put the clock on hold?

Yes, a mechanical employee performing covered train or signal service may work part of his shift, have at least four hours of break and return to work, taking his rest at the end of the work day.

When is the performance of an air test considered covered signal service work?

Any air test done in conjunction with a Coded Cab Signal departure or periodic test is covered signal service.

 

The answers given above are in reference only to the application of the RSIA language and may have a different result under Collective Bargaining Agreement language.