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11-6 MAINTENANCE OF WAY OPERATING RULES—December 2, 2009 <br />11.6 Resolving Challenges to On-Track Safety Procedures <br />All roadway workers are guaranteed the right to challenge in good faith whether the on-track safety <br />procedures applied at their work location comply with the MWOR and to remain clear of the track until <br />resolved. <br />When making a good faith challenge, inform the employee in charge before the on-track safety rules are <br />misapplied, if possible. Otherwise, inform the employee in charge before fouling the track. <br />A challenge is resolved as follows: <br />The challenging individual informs the employee in charge that he or she does not believe the method <br />of on-track safety at the work location complies with the MWOR. <br />Note: Individuals will not be subject to retribution or punishment for making a good faith challenge. <br />The employee in charge reviews the on-track safety procedures with the challenging individual to <br />determine if proper procedures have been or will be applied. <br />If the challenging individual is still not convinced that the on-track safety procedures comply with the <br />MWOR, the employee in charge contacts the next level Supervisor. The Supervisor reviews the on- <br />track safety procedures and determines if the procedures are being properly applied. <br />After that review, if the challenging individual still is not convinced that the on-track safety procedures <br />comply with the MWOR, the employee in charge and the next level Supervisor contact the General <br />Director Rules and Field Support in Fort Worth, Texas or a designee. The person contacted reviews <br />the on-track safety procedures and determines if the procedures are being applied properly. <br />If the determination is that the on-track safety procedures are not being applied properly, the <br />employee in charge modifies the procedures as required. <br />Or <br />If the determination is that the on-track safety procedures are being applied properly, the challenge <br />is considered resolved, and the employee in charge will instruct the challenging individual to <br />perform his or her assigned duties. <br />Note: Challenges that progress to the next level Supervisor are documented by that Supervisor. <br />The section head of the work group reviews this documentation within 1 month of the challenge. A <br />union representative is invited to participate in this review.