Section 27

Railway*

This section concerns assessing the medical fitness for duty of an individual occupying a railway Safety Critical Position. These individuals operate or control the movement of trains. An individual in a Safety Critical Position must identify themselves as such to a physician before any assessment.

The occupations designated as Safety Critical Positions may vary among railways, but typically include the following:

• locomotive engineer
• conductor
• assistant conductor (brakeperson)
• yard foreman or yardperson
• rail traffic controller (train dispatcher).

In addition, any employee or contractor who is required to perform any of these functions is considered to occupy a Safety Critical Position.

The Railway Safety Act (RSA) is federal legislation that gives the Minister of Transport jurisdiction over railway safety matters (Railway Safety Act , 1985). It is regulated by Transport Canada and covers railway safety, security, and the environment. Section 35 of the RSA mandates regular medical examinations for all persons occupying Safety Critical Positions.

The RSA:

• requires that physicians and optometrists notify the railway company’s chief medical officer if a person occupying a Safety Critical Position has a medical condition that could be a threat to safe railway operations and requires that the physician or optometrist send a copy of this notice without delay to the patient
• makes it the responsibility of the patient to inform the physician or optometrist that they hold a designated Safety Critical Position at the time of any examination
• allows the railway company to use the information provided by the physician or optometrist in the interests of safe railway operations
• prohibits any legal, disciplinary, or other proceedings against a physician or optometrist for such information given in good faith
• prohibits further disclosure, or use as evidence, of such medical information, except with the permission of the patient.

According to the RSA, a physician must notify a railway company’s chief medical officer if a person occupying a Safety Critical Position has a medical condition that could be a threat to safe railway operations. Contact information is listed in Section 27.8, Contacts.

Physicians may wish to contact the Canadian Medical Protective Association for advice should they have questions about their reporting obligations.

The Railway Medical Rules were developed by the Railway Association of Canada (2022) and approved by the Minister of Transport. These rules specify the required frequency of medical assessments and include a section on Railway Medical Guidelines.

The chief medical officer of each railway company may increase the frequency of medical assessments, restrict a person from occupying a Safety Critical Position, apply restrictions on the performance of certain tasks, or require the use of corrective devices or other medical aids.

The Railway Medical Guidelines have been developed to assist with the medical fitness for duty assessment of an individual occupying a railway Safety Critical Position. Medical conditions covered in the Railway Medical Guidelines (Railway Association of Canada, 2022) include the following:

• cardiovascular disorders
• diabetes
• epilepsy or other epileptic seizures
• hearing impairment
• mental disorders
• sleep disorders
• substance use disorders
• therapeutic opioid use
• vision impairment.

The medical fitness for duty assessment should also take into consideration treatment and medications that could affect railway safety.

For any individual with a medical condition not covered by the Railway Medical Guidelines, their medical fitness for duty will be determined by the railway’s chief medical officer, who will be guided by the “medical fitness for duty considerations” listed in each guideline, by accepted medical practice, and by related industry medical standards.

Medical fitness requirements must also be assessed for specific capabilities associated with the following Safety Critical Positions:

Locomotive engineer

• Must be able to walk, climb, and very occasionally lift 36 kg (80 lb) from floor to waist level.
• May have to walk extended distances in variable weather conditions and on uneven terrain.

Conductor, brakeperson, yardperson

• Must be able to walk, climb, and occasionally lift 36 kg (80 lb) from floor to waist level.
• Must be able to walk in variable weather conditions and on uneven terrain.
• Good strength and endurance are required in the arms, shoulders, and upper back. For example, performing track-switching duties requires
  • 17–19 kg (37–42 lb) of force to lift switch lever
  • 18–27 kg (40–60 lb) of force to pull switch over
  • 17–19 kg (37–42 lb) of force to lock switch lever back in place.
• A good sense of balance is required, as these tasks are performed outdoors, where terrain may be uneven and slippery, wet, icy, or snow-covered.

Rail traffic controller

• Must be able to sit for prolonged periods; limited physical demands.
• Must have the ability to use a keyboard to enter instructions.
• Must be able to concentrate for prolonged periods while viewing a computer screen and listening and reacting to communications simultaneously.

The Canadian Railway Medical Rules Handbook (which includes the current Railway Medical Guidelines) is available on the Railway Association of Canada website (https://www.railcan.ca/wp-content/uploads/2022/05/Canadian-Railway-Medical-Rules-Handbook-May-2022-3.pdf).

Railway Association of Canada 

Tel 613-564-8088

Class 1 railways

Canadian Pacific
Tel 866-876-0879 (toll-free)

CN
Tel 514-399-5690

Other railways

VIA Rail Canada 
Tel 888-842-7245

Contact numbers for BNSF Railway and other regional short line railways can be obtained from the Railway Association of Canada (tel 613-564-8088).

*Prepared by the Medical Advisory Group of the Railway Association of Canada to facilitate public safety in rail freight and passenger train operations across Canada.