The Stale Knowledge Test and the Prior Termination
Marcus Bell completed his conductor training class on March 12 of last year and passed the railroad's knowledge test on April 4 of last year. He has not worked as a certified conductor since. On June 1 the railroad proposes to certify him and assign him to a road pool. Bell's prior railroad employer terminated him 20 months ago after an incident in which he failed to comply with a restricted-speed order; the termination letter is in his personnel file, but the prior employer has not responded to a request for its records. The railroad's certification program requires a knowledge test before certification, but the manager says Bell 'already passed' and schedules him for a rules class only. The railroad's certificate period is three years. The FRA conducts a records inspection in July.
1. Can the railroad certify Bell on June 1 using the April test result? Explain the time limitation and what must be done.
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No. Part 242 requires a knowledge test as part of certification, and a test result more than 12 months old does not support a current certification. The training is also 14 months old. Because the railroad's program ties certification to a current test, the railroad must re-administer the knowledge test and determine whether refresher training is needed before certifying. The fact that Bell passed once does not create a permanent qualification. If the railroad certifies him without a current test, the certificate is not supported by the required determination and the railroad is exposed to FRA enforcement. A rules class alone is not a substitute for the required knowledge test, and the three-year certificate period does not cure the stale test.
2. How should the railroad handle the 20-month-old termination for the restricted-speed violation?
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The railroad must conduct a prior-safety-conduct review covering the required lookback period, which includes the termination. It must request records from the prior employer and document the request and any refusal. A termination for a safety rule violation is relevant but not an automatic disqualification; the railroad must make an individualized written determination about whether the conduct shows unfitness to be a conductor, considering recency, severity, and any corrective action. Bell must have a chance to respond. If the railroad ignores the record or denies him without a reasoned determination, the decision is vulnerable. If it certifies him without reviewing the prior conduct, the certification program is deficient.
3. What records must the railroad retain, and what happens if FRA finds the file incomplete?
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The railroad must retain the records supporting the eligibility determination, the knowledge test, training, prior-safety-conduct review, and certification decision for the required retention period and make them available to FRA. If the file lacks the test or the prior-employer inquiry, FRA can find the certification unsupported and assess civil penalties. The railroad should also be able to show the certificate's dates and the designated supervisor's signature. Incomplete records do not automatically revoke Bell's certificate, but they undermine the railroad's ability to defend it and may lead to corrective action.