Oregon Administrative Rules
Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
Division 60 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT RECEIVE FEDERAL FUNDING
Section 741-060-0100 - Hours of Service

Universal Citation: OR Admin Rules 741-060-0100

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Each RTA shall establish, implement and enforce an hours-of-service policy for its safety sensitive employees. The policy and any subsequent changes must be reviewed and approved by the SSOA.

(2) The policy must establish limitations on the number of daily and monthly hours on duty and a minimum number of hours of rest required between on duty periods. In addition, the policy must prohibit a safety sensitive employee from:

(a) Performing work in excess of the daily maximum hours allowed;

(b) Remaining on duty in excess of the daily maximum hours on duty;

(c) Performing work in excess of the maximum hours of cumulative on-duty time permitted during a calendar month;

(d) Performing work in excess of the maximum consecutive days without a rest day; or

(e) Going on duty until the employee has had the minimum required number of consecutive hours off.

(f) On-duty time shall begin only after the safety sensitive employee has completed at least the minimum number of continuous hours off duty.

(g) In the event of comingled service the safety sensitive employee shall be subject to the most restrictive RTA hours-of-service policy based upon the safety sensitive function(s) being performed.

(3) The policy must contain a process for the RTA's declaration, administration and notification to the SSOA related to a temporary waiving of the hours of service limitations under certain situations. When a situation requiring the extended service of a safety sensitive employee occurs which is both unforeseeable and beyond the control of the RTA, the employee may be on duty in excess of the allotted hours. These situations are limited to severe winter storms, public emergencies such as an earthquake or fire, and accidents or events beyond the control of the RTA. During situations in which hours of service are temporarily waived, extended service of safety sensitive employees must be limited to the extent practical and monitored by the RTA. Increased service demand or special events including, but not limited to, civic events, festivals (such as the Rose Festival or the Starlight Parade), and sporting events are not considered unforeseeable and beyond the control of the RTA.

(4) The RTA shall maintain hours-of-service records for safety sensitive employees for a period of three years, and upon request, make such records available to the SSOA for review.

(5) The RTA shall notify the SSOA whenever a safety sensitive employee is not in compliance with the hours-of-service policy. The RTA shall notify the SSOA of the non-compliance by electronic mail, and shall do so within 30 days following the end of the calendar month in which it occurred. The notification required under this section must contain:

(a) The employee's identification number;

(b) The employee's work title;

(c) The type of violation;

(d) The schedule of work and rest for the period of 72 hours prior to the infraction; and

(e) A description of the circumstances of the specific violation.

Statutory/Other Authority: ORS 184.619, 192.502, ORS 823.011, ORS 824.045, ORS 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045

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