Our Objective(s)To evaluate the Federal Railroad Administrations (FRA) oversight of railroads implementation of the Roadway Worker Protection (RWP) regulation. Specifically, we assessed (1) RWP oversight activities conducted by FRA safety inspectors, (2) FRAs on-track safety program reviews, and (3) pursuit of civil penalties for RWP violations.
Why This AuditGiven the continuing occurrence of RWP-related accidents and the substantial increase in funding for rail projects through the Infrastructure Investment and Jobs Act, we initiated this audit to evaluate FRAs oversight of railroads implementation of the RWP regulation.
What We FoundFRA is performing fewer RWP-related inspections, and available data are not effectively used to inform RWP oversight or planning.
In 2022, safety inspectors completed 10 percent fewer inspection reports overall, but 17 percent fewer RWP-related inspection reports.
FRA created new RWP-related inspection activity codes but reporting errors and missing inspection details limit FRAs oversight.
FRA does not use injury data for RWP oversight or inspection planning because it is difficult to identify injuries caused by non-compliance.
FRA lacks a documented data quality assurance process for its new inspection data system.
FRA monitors railroads compliance with some on-track safety program (OTSP) requirements but does not document comprehensive reviews.
FRA does not consistently document OTSP reviews. This is due to a lack of centralized recordkeeping and staff turnover.
FRA improved its OTSP notification process by providing railroads an email reporting option. FRA also developed an internal webpage to centralize documentation and guidance for officials and inspectors.
FRA took RWP enforcement actions but published incorrect closed case data in recent Annual Enforcement Reports (AERs).
FRA assessed $1.3 million in monetary penalties for 472 RWP violations from fiscal years 2018 through 2023.
Incorrect RWP data reported in FRAs AERs resulted from a system issue in FRAs Railroad Compliance System we identified in a previous audit.
RecommendationsWe are making 13 recommendations to improve FRAs oversight of railroads compliance with the RWP regulation.