John Walsh - Comments

While 49CFR214 is intended to provide for the safety of railroad workers, it also preempts state laws concerning the railroads. As such these regulations should require railroads to provide for the protection of emergency workers also. This would include firefighters, Emergency Medical Technicians (EMTs), and those working under their direction and control. The railroads should notify every firefighting agency with tracks in their jurisdiction annually of whom to contact whenever the firefighters or EMTs are operating within the railroad's right of way. The railroad must have procedures in place to promptly notify their personnel that the tracks are fouled and restrict train traffic in that area until such time as an authorized railroad employee has been in "face to face contact" with the firefighter's or EMTs'incident commander and received permission from the incident commander to allow trains to pass through the incident area.