Railway safety is a very big issue, even a federal one. Having been through the required training on an annual basis for many of the rail systems, the word near does not describe the defined limits without railway safety personnel on site. I know that CSX is one of the most ardent enforcers of the rules.
From what I can gather from the report is the crew neglected the well defined limits as it mentions nothing about any CSX railway officials who would have known about the “surprise” train because they always are in radio contact with dispatch.
You are exactly right. The firm I work for has done renovations to depots along the MoPac tracks and the safety personnel had to be there on site when construction came within so many feet of the tracks.