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11-2 MAINTENANCE OF WAY OPERATING RULES—December 2, 2009 Re-Qualification Training to Retain MWOR Qualification Training and re-qualification is required each calendar year for all employees currently qualified on the MWOR. Included in this program is a classroom review of: • MWOR • System Special Instructions • Timetables • General Orders • BNSF Standard Plans This review is followed by a written examination. Training for Employees in Assignments Not Requiring MWOR Qualification Training is required each calendar year for employees who are not currently qualified on the MWOR. This review is followed by an informal quiz (non-disqualifying). Training and Qualification Records Electronic records are maintained of each employee's qualification in effect. Each record includes the name of the employee, the type of qualification made, and the most recent date of qualification. Records are available for inspection and copying by the FRA during regular business hours. Written Examinations Employees whose assignments require MWOR qualification must pass initial qualification and requalification examinations. Employees whose assignments do not require MWOR qualification complete an informal quiz (non-disqualifying) on those rules to assist the employees in understanding the material. Failure to Achieve a Minimum Score on Recorded Examination Employees who fail to pass the initial qualification examination may re-take it up to two additional times. After three unsuccessful attempts at passing this examination, employees must wait at least 1 year from the first attempt before re-taking it. Employees who fail to pass the initial qualification examination before requesting assignments that require MWOR qualification are not eligible for such assignments. Employees whose assignments require MWOR qualification and who fail to pass the re-qualification examination may re-take the examination; however: • No further associated classroom training is provided. • The examination may be re-taken up to two additional times. • The second attempt may immediately follow the first, covering only those questions answered incorrectly on the first attempt. • Re-examinations must be completed within 90 days of the first attempt. After a second failure, employees must work under the oversight of another qualified employee until successfully completing the examination. Employees whose assignments require MWOR qualification and who do not pass the examination on the third attempt within the 90-day period are disqualified from holding positions that require this qualification. Such employees must wait at least 30 days before attempting to re-gain MWOR qualification through the process described in"Initial Training to Attain MWOR Qualification"above. Disqualification and exercise of seniority by those disqualified under the provisions of this Instruction are conducted according to the applicable collective bargaining agreement.