FRA Needs To Improve Its Inspection and Data Collection Processes to Effectively Oversee Compliance with the Roadway Worker Protection Regulation

Date Issued

Wednesday, May 14, 2025

Submitting OIG

Department of Transportation OIG

Agencies Reviewed/Investigated

Department of Transportation

Components

Federal Railroad Administration

Report Number

ST2025029

Report Description

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.

Report Type

Audit

Agency Wide

Yes

Number of Recommendations

Questioned Costs

Funds for Better Use

Report updated under NDAA 5274

External Link

https://www.oig.dot.gov/library-item/46803

Open Recommendations

This report has 13 open recommendations.

Recommendation Number	Significant Recommendation	Recommended Questioned Costs	Recommended Funds for Better Use
1	Yes	$0	$0
Revise Roadway Worker Protection activity codes or guidance to capture when an inspector reviews on-track safety programs or manuals in part or in full.
2	Yes	$0	$0
Train all safety inspectors and Specialists on how to accurately capture Roadway Worker Protection inspection activities using the correct Roadway Worker Protection activity codes and, when needed, descriptions of their work.
3	Yes	$0	$0
Remove Roadway Worker Protection activity and defect codes from the next version of the Track and Structures Compliance Manual.
4	Yes	$0	$0
Incorporate current Roadway Worker Protection-related activity code definitions into the system inspectors use to record inspection reports, currently the Railroad Inspection Systems for Personal Computers.
5	Yes	$0	$0
Develop and implement a process for updating the code definitions in the system inspectors use to record inspection reports, currently the Railroad Inspection Systems for Personal Computers, when Roadway Worker Protection activity and defect codes are changed.
6	Yes	$0	$0
Add instructions for planning 49 C.F.R. Part 214 work to the Universal Inspection Planning Process with Territory Inspection Plans guidance.
7	Yes	$0	$0
Use the Track and Structures Communications Hub or other FRA system to provide frequently updated Roadway Worker Protection-related data that inspectors can use to inform their oversight by identifying railroads, locations, or practices that pose higher risks to roadway workers.
8	Yes	$0	$0
Develop, document, and implement automatic data quality checks on the data warehouse that transmits data for DataHubs FRA Inspection Defect Details Report.
9	Yes	$0	$0
Develop, document, and implement quality assurance/quality controls and standardized on-demand reporting for FRAs new Secure Site.
10	Yes	$0	$0
Develop and implement guidance for when it is appropriate to perform and how to document on-track safety program reviews, including documentation of new or change notifications received, approval and disapproval notifications, and, when reviews occur, completed on-track safety program review checklists.
11	Yes	$0	$0
Develop and implement centralized storage for documentation of FRAs Roadway Worker Protection oversight including but not limited to on-track safety program notifications, correspondence on approvals/disapprovals, review checklists, and training materials.
12	Yes	$0	$0
Add a warning or disclaimer to future Annual Enforcement Reports that include legacy cases stating that the number of violations associated with cases and the violation totals published in Appendix A may be incorrect.
13	Yes	$0	$0
Add a warning or disclaimer to the fiscal years 2020 to 2023 Annual Enforcement Report files as a header or footer and to the FRA website where the Annual Enforcement Reports are housed stating that the number of violations associated with cases and the violation totals published in Appendix A may be incorrect.