§ 243.105 Optional model program development.
(a) Any organization, business, or association may develop and submit one or more model training programs to FRA for review and approval so that the model program(s) may be used by multiple employers.
(1) Any such model program should be submitted with a unique identifier associated with the program, or FRA will assign a unique identifier.
(2) The program associated with the organization's unique identifier shall include all information required by § 243.103.
(b)(1) An employer that chooses to use a model program approved by FRA is not required to submit the entire program to FRA. Instead, the employer must submit only the unique identifier associated with the program, and all other information that is specific to that employer or deviates from the model program.
(2) An employer that chooses to adopt a model program at FRA's part 243 web portal (https://safetydata.fra.dot.gov/Part243/) will be prompted for the required information and find each model program developer's contact information if the developer has an FRA-approved training program.
(3) An employer that chooses to adopt and implement a model program must contact the model program developer and obtain the associated course/training materials necessary for training safety-related railroad employees. FRA does not prohibit a model program developer from charging an employer a fee for the right to use a model training program it developed or requiring that each employer obtain its explicit authorization before the employer adopts one of its model programs.
(4) An employer that submits, adopts, and implements an FRA-approved model program, consistent with the operations of that employer, will be considered in compliance with the employer program requirements of § 243.101.
(c)(1) Once a model program is approved by FRA, the developer must consider when it is necessary to make revisions in accordance with § 243.109. A developer that revises its model program is required to provide notice of the FRA-approved changes to its authorized users. A model program developer is required to provide notice of any model program revisions by engaging in any form of communication that positively affirms the developer provided notice to employers likely to be impacted by the changes to the program, including posting the information at the organization's website, writing letters to the employers, and including information in periodic newsletters. Such notice must be at least as effective as the notice the developer provided to employers when it developed the model program. For example, if the developer makes its model program available to anyone with access to the developer's website, then posting a notice of any revisions to the program on its website will be sufficient. In contrast, if a model program developer requires explicit authorization to use its model programs, the developer must provide adequate notice to those entities that it has specifically authorized in a manner consistent with its authorization practices.
(2) Once notified, an employer that is adopting and complying with a model program must:
(i) Adopt and comply with the revisions to the model program made by the developer; or
(ii) Submit information explaining how the employer's training program will deviate from the model program in accordance with § 243.109.
[79 FR 66501, Nov. 7, 2014, as amended at 82 FR 20552, May 3, 2017; 83 FR 18458, Apr. 27, 2018; 91 FR 27863, May 15, 2026]