The first federal rail safety laws were enacted in the late 1800s and early 1900s. Until 1966, when the Department of Transportation was created, the Interstate Commerce Commission was the administering agency for all federal rail safety laws. Early safety laws were usually focused o specific items of railroad hardware. After DOT was created, Congress enacted the first comprehensive rail safety statute, the Federal Railroad Safety Act of 1970. In 1988, FRA’s jurisdiction was extended beyond rail carriers as corporate entities to include all railroad personnel in safety-sensitive positions.

FRA has had regulations establishing track safety standards for some years, but in the 1992 FRA reauthorization, Congress specifically mandated a comprehensive review of FRA track safety standards. The review was to begin by March 1993, with revised final regulations to be adopted by September 3, 1995. FRA did not actually adopt final regulations revising its track safety standards until mid-1998 (June 22, 1998).

California Railroad Safety

The Railroad Safety Branch has safety oversight of heavy freight/passenger railroads implemented by federally certified staff inspectors specializing in five recognized industry disciplines of Operating Practices, Track, Signal and Train Control, Motive Power and Equipment and Hazardous Materials. Regulatory Compliance with federal railroad safety regulations resulting from the 1970 Federal Railroad Safety Act and codified in 49 CFR is the responsibility of the Commission staff who coordinate with the Federal Railroad Administration (FRA) as the largest participating state agency in the nation. Field inspection activity is conducted according to a State inspection Plan, and a Participating State Program Agreement between the State and FRA. These programs ensure that common carrier railroad safety inspection levels comply with California State Legislative mandates contained in AB 151 and Commission resolution SR-53 calling for the physical inspection of all main line and branch line trackage within the state, as well as inspection of railroad mechanical repair facilities annually. Commission General Orders relating to rail safety also falls within the scope of Rail Safety Section staff inspection and enforcement.

Commission staff is an active participant in the Operation Lifesaver grade crossing awareness training programs along with railroad labor and management. The Commission staff investigate railroad accidents and respond to safety related inquiries made by railroad labor organizations and the general public, making recommendations when necessary, to mitigate hazards and improve the safety of railroad operations.