240.207—Procedures for making the determination on vision and hearing acuity.
(a)
Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service, shall determine that the person meets the standards for visual acuity and hearing acuity prescribed in § 240.121.
(b)
In order to make the determination required under paragraph (a), a railroad shall have on file either:
(1)
A medical examiner's certificate that the individual has been medically examined and meets these acuity standards; or
(2)
A written document from its medical examiner documenting his or her professional opinion that the person does not meet one or both acuity standards and stating the basis for his or her determination that
(ii)
The person's acuity is such that he or she cannot safely operate a locomotive even with conditions attached.
(c)
Any examination required for compliance with this section shall be performed by or under the supervision of a medical examiner or a licensed physician's assistant such that:
(1)
A licensed optometrist or a technician responsible to that person may perform the portion of the examination that pertains to visual acuity; and
(2)
A licensed or certified audiologist or a technician responsible to that person may perform the portion of the examination that pertains to hearing acuity.
(d)
If the examination required under this section discloses that the person needs corrective lenses or a hearing aid, or both, either to meet the threshold acuity levels established in § 240.121 or to meet a lower threshold determined by the railroad's medical examiner to be sufficient to safely operate a locomotive or train on that railroad, that fact shall be noted on the certificate issued in accordance with the provisions of this part.
(e)
Any person with such a certificate notation shall use the relevant corrective device(s) while operating a locomotive in locomotive or train service unless the railroad's medical examiner subsequently determines in writing that the person can safely operate without using the device.
[56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009]