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including covered data cases reported as codes A, R, or P are to be included;
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however, covered data cases reported as X (for suicides or attempted suicides, as
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determined by a coroner or other public authority) are not to be included in the
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Total Casualties During the Year.
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9. Typed Name and Title
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Enter the name and title of the person responsible for preparing this report.
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10. Signature
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Signature of the person shown in Item 9.
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11. Date
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Date that the signature in Item 10 was made. This is the date the record was
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initially completed.
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FRA Guide for Preparing Accident/Incident Reports
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166
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Commuter and Other Passenger Rail Operations
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12. Supplemental Information: Contractors; Commuter and Other
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Passenger Rail Operations
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12.1 General
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Title 49 CFR Part 225 accident/incident reporting regulations apply to all railroads
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(including commuter and other passenger rail operations) unless specifically excepted under
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§ 225.3.
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FRA has a specific need to know of accidents, injuries, accident rates and injury rates of
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passenger and commuter operations. This has created a special recordkeeping environment
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to allow FRA to determine the safety record of each commuter railroad.
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12.2 Contractors
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12.2.1 Contractors – non-railroad employees
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Often a railroad will hire a contractor to perform certain tasks for the railroad. FRA identifies
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two types of Contractor: Worker On Duty–Contractor, and Contractor–Other. Both of these
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categories are for persons who are not employed by any railroad and are not covered by the
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Railroad Retirement System. If a contractor is injured performing safety-sensitive functions,
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then the contractor injury is to be reported to FRA on Form FRA F 6180.55a as Worker On
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Duty–Contractor (Class F). If a contractor is injured performing non-safety sensitive functions,
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then the contractor injury is to be reported to FRA on Form FRA F 6180.55a as ContractorOther.
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For example, an employee of a contractor is performing safety-sensitive functions for a
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passenger railroad. The employee sustains an FRA reportable injury. The passenger railroad
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must report this injury (under the passenger railroad’s unique code/identifier) to FRA on Form
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FRA F 6180.55a as an injury to a Worker on Duty–Contractor.
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However the hours worked by contracted employees are not reported on Form FRA 6180.55, in
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Block 15, “Railroad Worker Hours.” Reportable injuries to contractor employees are reported to
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FRA by the contracting railroad and to OSHA by the employing contractor.
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12.2.2 Contractors – railroad employees
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FRA identifies two types of railroad employees: Worker on Duty (Class A) and Employee not
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on Duty (Class B). Both of these categories are for persons who are employed by a railroad and
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are covered by the Railroad Retirement System. Contracted employees who are employees of a
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contracted railroad and are covered by the Railroad Retirement System are considered railroad
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employees of the contracting railroad for purposes of FRA accident/incident reporting.
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For example, an employee of a contracted railroad who is performing service for a passenger
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railroad is considered a Worker on Duty (Class A) of the passenger railroad for the purpose of
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accident/incident reporting, even though the worker is actually employed by the contracted
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railroad. Accordingly, the passenger railroad must report to FRA, under the passenger railroad’s
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FRA Guide for Preparing Accident/Incident Reports
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167
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Commuter and Other Passenger Rail Operations
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code/identifier, the hours the contracted railroad employee worked in block 15, “Railroad
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Worker Hours,” of the passenger railroad’s Form FRA F 6180.55 report to FRA as Worker on
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Duty – Employee (Class A). Accordingly, the hours worked by, and any injury to, the contracted
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railroad employee are not to be reported to the FRA by the employing railroad under Part 225.
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Note that when determining whether a railroad qualifies for partial relief from the recordkeeping
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requirements under § 225.3(c)(1), a railroad should not include contract employees (railroad or
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non-railroad) when determining if the railroad has 15 or fewer employees covered by the hours
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of service law.
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12.3 Train Operations
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12.3.1 Performed by Railroad
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Many passenger railroads perform their own train operations; these railroads should report their
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accidents and incidents using the normal procedures in this Guide.
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“Passenger railroad” includes commuter, excursion, tourist, or any other form of railroad
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transporting passengers.
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12.3.2 Performed by Contractor
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When a railroad’s operations are performed by a contractor (e.g., another railroad or
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transportation company), the contracting railroad still must report to FRA all accidents and
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incidents discernibly caused by an event or exposure arising from the operation of the
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contracting railroad, on the appropriate FRA forms, as well as report to FRA train-miles, railroad
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worker hours, passenger train-miles, and other applicable information on the FRA Form F
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6180.55, even though railroad operations conducted in part or wholly by contracted employees.
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Example. Commuter Railroad A has contracted with Freight Railroad B to have Freight
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Railroad B perform all of Commuter Railroad A’s train operations. Commuter Railroad A must
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report to FRA, under Commuter Railroad A’s name and railroad code/identifier, all accidents
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and incidents arising from Commuter Railroad A’s railroad operations, even though the
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operations are actually conducted by employees of Freight Railroad B. This includes the
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reporting of injuries and illnesses to Freight Railroad B’s employees that are discernibly caused
|
by events or exposures arising out of the Commuter Railroad A’s operations, since Freight
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Railroad B’s employees are railroad employees and are covered by the Railroad Retirement
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System. Note that Commuter Railroad A must report the contracted hours worked by Freight
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Railroad B employees on its monthly Form FRA 6180.55 report, in block 15 “Railroad Worker
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Hours.”
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Example. Commuter Railroad A has contracted with Company X to perform certain safetysensitive service. Commuter Railroad A must report to FRA, under Commuter Railroad A’s
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name and railroad code/identifier, all accidents and incidents arising from Commuter Railroad
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A’s railroad operations, even though some of the operations are actually conducted by
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employees of Company X. This includes the reporting of injuries to Company X’s employees
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that are discernibly caused by an event or exposures arising out of Commuter Railroad A’s
|
FRA Guide for Preparing Accident/Incident Reports
|
168
|
Commuter and Other Passenger Rail Operations
|
operations. Note that Commuter Railroad A must not report the contracted hours worked by
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Company X employees on its monthly Form FRA 6180.55 report, in block 15 “Railroad Worker
|
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