Can you pass a signal field test

Started by x2000, September 25, 2021, 10:43:43 AM

x2000

Just some notes from research I did for a SMART brother who didn't pass his field test after not passing the initial color test at his physical. You used to be able to take a second test right in the doctors office but the FRA changed the testing guidelines. He wasn't the only one who got knocked out because of this.


https://www.law.cornell.edu/cfr/text/49/part-240/appendix-F

Engineers
49 CFR Part 240

No person shall be allowed to wear chromatic lenses during an initial test of the person's color vision; the initial test is one conducted in accordance with one of the accepted tests in the chart and § 240.121(c)(3).



Conductors
https://www.law.cornell.edu/cfr/text/49/part-242/appendix-D
49 CFR Part 242, Appendix D to Part 242 - Medical Standards Guidelines
No person shall be allowed to wear chromatic lenses during an initial test of the person's color vision; the initial test is one conducted in accordance with one of the accepted tests in the chart and § 242.117(h)(3).

(4) An examinee who fails to meet the criteria in the chart, may be further evaluated as determined by the railroad's medical examiner. Ophthalmologic referral, field testing, or other practical color testing may be utilized depending on the experience of the examinee. The railroad's medical examiner will review all pertinent information and, under some circumstances, may restrict an examinee who does not meet the criteria for serving as a conductor at night, during adverse weather conditions or under other circumstances.

It doesn't say chromatic lenses cannot be used for field testing.
ADA must reasonable accommodate him

https://www.law.cornell.edu/cfr/text/49/242.117#h_3

(e) 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 this section or to meet a lower threshold determined by the railroad's medical examiner to be sufficient to perform as a conductor, that fact shall be noted on the certificate issued in accordance with the provisions of this part.


---- wear corrective lenses and not on certification ----