49 U.S.C. § 20162 — Minimum training standards and plans

(a) In General. Within 1 year after the Rail Safety Improvement Act of 2008, the Secretary of Transportation must set up three things. First, minimum training standards for every class and type of safety-related railroad employee, as defined in section 20102, plus equivalent contractor and subcontractor employees, requiring railroads, contractors, and subcontractors to prove these workers know and can follow federal railroad safety laws, rules, and the carrier's own procedures for meeting them. Second, a rule that railroads, contractors, and subcontractors must submit training and qualification plans to the Secretary for approval, including whatever training programs and information the Secretary decides are needed to make sure safety-related employees get proper, timely training. Third, a minimum training curriculum and ongoing training, testing, and skills checks to make sure employees, and contractor and subcontractor employees, who inspect track or equipment can spot defects that lead to derailments, accidents, or injuries, and can take immediate action to fix critical safety problems. In building this third piece, the Secretary must consider railroads' existing training programs.

(b) Approval. The Secretary reviews and approves the training plans required under subsection (a)(2) using the same approval process used to certify locomotive engineers under 49 CFR part 240.

(c) Exemption. The Secretary may excuse a railroad, contractor, or subcontractor from submitting a training plan if the Secretary had already issued training rules covering it before the 2008 Act was enacted.