49 CFR §214.313

1. (a)Each roadway worker is responsible for following the on-track safety rules of the railroad upon which the roadway worker is located.
2. (b)A roadway worker shall not foul a track except when necessary for the performance of duty.
3. (c)Each roadway worker is responsible to ascertain that on-track safety is being provided before fouling a track.
4. (d)Each roadway worker may refuse any directive to violate an on-track safety rule, and shall inform the employer in accordance with § 214.311 whenever the roadway worker makes a good faith determination that on-track safety provisions to be applied at the job location do not comply with the rules of the operating railroad.