The final compliance date for Class I and II USA railroads to avoid enforcement action and penalties is now entering its last six months following the rule compliance extension announced by the Federal Railroad Administration (FRA) in March 2024. The deadline for Class I and II railroads to comply is March 26th, 2026 while for Class III railroads it has been pushed back to September 26th, 2026.
The new rule requires railroads to provide emergency escape breathing apparatus (EEBAs) for train crew members and other employees who could be exposed to an inhalation hazard in the event of a hazardous material, or hazmat, release. Railroads must also ensure that the equipment is maintained and in proper working condition and train their employees in its use.
Atmosphere supplying EEBA
It’s important to note that this final rule (which amends subpart C of 49 CFR part 227) requires any freight railroad to provide a covered employee an appropriate atmosphere-supplying EEBA when occupying a locomotive cab of a train transporting a hazardous material that would pose an inhalation hazard if released during an accident. Having assessed the merits of the two different types of respirators: air-purifying and atmosphere-supplying – FRA is requiring an atmosphere-supplying respirator (EEBA) that provides adequate head and neck protection as well as giving sufficient time for its user to escape an IDLH (Immediate Danger to Life or Health) atmosphere.
People covered under this final rule include train employees, their supervisor, a deadheading employee (an employee hitching a ride to ensure they get to the correct location for work), and any other employee designated by the railroad who is in the cab of a locomotive.
Railroad obligations
This final rule requires railroads that transport a PIH (Poison Inhalation Hazard) material on the general railroad system to establish and carry out programs for: the selection, procurement, and provision of EEBAs; the inspection, maintenance, and replacement of EEBAs; and the instruction of employees in the use of EEBAs.
Railroads are required to identify individual employees or positions to be placed in their general EEBA programs so that a sufficient number of EEBAs are available and to ensure that the identified employees or incumbents of the identified positions know how to use the devices. This final rule requires railroads to provide for storage of EEBAs in locomotive cabs to enable employees to access the apparatus quickly in the event of the release of a material that poses an inhalation hazard.
The new rule introduces a set of safety criteria for the railroad sector covering the entire lifecycle of EEBA equipment. Semmco LPS, working with its official partner Wurth USA, can provide its Emergency Escape Breathing Device product that fully meets the provisions of the new rule, as well as advise on the lifecycle elements including inspection and maintenance.
Get more information on Semmco LPS EEBD equipment and meeting your compliance obligations.
