{"id":"AGY-AVIATION-SURFACE-014","kind":"order","level":"federal","jurisdiction":"United States (Federal Railroad Administration; all freight and passenger railroads and railroad facilities)","state":"","metro":"","industry":"","agency":"AVIATION-SURFACE","eco":"","issuer":"Federal Railroad Administration, Emergency Order No. 32, Notice No. 1","authority":"49 U.S.C. § 20104(a)(1): the Secretary may issue an emergency order where an unsafe condition or practice \u0022causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment\u0022; delegated to FRA, 49 C.F.R. § 1.89","instrument":"Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016","title":"Emergency Order Requiring Face Mask Use in Railroad Operations","dateIssued":"2021-02-26","effective":"2021-03-01","end":"in force through Sept. 30, 2021 and beyond (FRA statement of enforcement discretion June 10, 2021, Ex. 075; rescinded after the April 2022 vacatur of the CDC order)","startDate":"2021-03-01","endDate":"2021-09-30","quarters":["2021Q1","2021Q2","2021Q3"],"types":["MASK","EMP","TRAV"],"addressees":["freight railroads","passenger railroads (Amtrak, commuter railroads)","any other person whose actions are necessary to effectuate the directives","railroad personnel: employees, contractors and subcontractors"],"clause":"\u0022[I]t is hereby ordered that freight railroads, passenger railroads, and any other person whose actions are necessary to effectuate the directives in this E.O., take the following actions, as required: I. Railroad carriers. (A) Railroad carriers must require their personnel to wear a mask in compliance with the CDC Order while engaged in railroad operations, including whenever in a transportation hub/facility under the railroad carrier\u0027s control (regardless of duty status), except as described in Section III (Exceptions and exemptions), below.\u0022 Scope: \u0022this E.O. applies to all persons in or on a freight train, locomotive, high-rail vehicle, crew transportation vehicle, or in a railroad transportation facility, terminal, yard, storage facility, yard office, crew room, maintenance shop, and other areas regularly occupied by personnel engaged in railroad operations.\u0022","enforcement":"49 U.S.C. § 21301: \u0022civil penalty of up to $118,826 for each day the violation continues\u0022 (recited in the E.O.; 86 FR 1751 (Jan. 2021) penalty schedule)","functions":["EMP workplace rules for every railroad employee and contractor (masking in yards, shops, crew rooms, terminals)","WF","SC rail freight operations (all Class I, II and III railroads)","TR passenger rail (Amtrak and commuter railroads)"],"notes":"Force-of-law federal order on the entire rail industry, in force on every day of Q1 (from Mar. 1), Q2 and Q3 2021; reaches railroad contractors (track, signal, mechanical, cleaning contractors) and every shipper\u0027s rail-served facility where railroad personnel operate.","sourceUrl":"https://www.govinfo.gov/content/pkg/FR-2021-03-01/pdf/2021-04233.pdf","snapshot":"","fileExists":true,"fileBytes":227821,"grade":"primary","character":"","description":"","collection":"AGY-AVIATION-SURFACE","url":"/library/AGY-AVIATION-SURFACE-014","exhibitUrl":"/exhibit/AGY-AVIATION-SURFACE-014","citation":"Federal Railroad Administration, Emergency Order No. 32, Notice No. 1, Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016 (Feb. 26, 2021) (Ex. AGY-AVIATION-SURFACE-014)","stateName":"","related":[]}