Who counts as a roadway worker under federal roadway worker protection rules? Answer in under 100 words.

Details / How it works

The definition of 'roadway worker' is found in 49 CFR § 214.7. The key coverage criteria are: (1) the individual must be an employee of a railroad or a contractor to a railroad; and (2) their duties must involve inspection, construction, maintenance, or repair of specific railroad infrastructure—track, bridges, roadway, signal/communication systems, electric traction systems, roadway facilities, or roadway maintenance machinery—either on or near track, or where there is a potential to foul a track. Flagmen and watchmen/lookouts are also explicitly included.

Numbers & thresholds

Exceptions & edge cases

The definition does not cover employees whose duties are entirely unrelated to track infrastructure (e.g., office or clerical staff). A 'watchman/lookout' has a specific subset of duties—providing at least 15 seconds of advanced warning of approaching trains—and is still classified as a roadway worker. Similarly, a 'flagman' directing or restricting train movement for roadway worker safety qualifies.