Current through Register Vol. 63, No. 3, March 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 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) The policy must contain a process
governing the declaration, administration and notification of 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 like an
earthquake or fire, and accidents or security breaches 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.
(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 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.
(4) 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,
823.011,
824.045,
824.990, 49 CFR
15 & 49 CFR 1520
Statutes/Other Implemented: ORS
183.745
& 824.045
