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ATTRIBUTED TO EMPLOYEE HUMAN FACTOR |
DEPARTMENT OF TRANSPORTATION |
FEDERAL RAILROAD ADMINISTRATION (FRA) OMB No. 2130-0500 |
PART I - NOTICE TO RAILROAD EMPLOYEE (To be completed by reporting railroad) |
Name of Reporting Railroad Date of Accident/Incident Accident/Incident No. Location of Accident/Incident |
(State, nearest city/town) |
_____/_____/_____ |
mo day year |
Causes reported on Form FRA F6180.54 |
Code Description |
Employee's Name (First, middle, last) Job Title Name of Employing Railroad |
Employee's Home Address |
PURPOSE OF THIS FORM A rail accident occurred that may have at least partly been caused by human error (human factor). The railroad |
involved with this accident is sending you this form because it is required by federal law to send this form to any railroad employee it believes |
may have at least been partly responsible for causing the accident/incident. |
Since the railroad has named you as an employee who may have been involved in this accident, the railroad is required by federal law to complete |
Part I of this form and give you an opportunity within 45 days from the date that the notice was mailed or hand delivered to you to give in Part II |
of this form your version of events relating to this accident. If you would like to complete this form but are unable to do so within the time limit, |
you must provide an explanation to FRA and the railroad for the need for more time. While the railroad is required by federal law to send this form |
to you, you are not legally required to complete this form. If you decide to complete the form, the railroad may, upon reviewing your |
supplement, decide to revise its accident report. |
In Part II of this form, you may submit a supplemental statement to FRA on any aspect of the railroad's report. If you decide that you would like |
to send the railroad and FRA a statement, please follow the INSTRUCTIONS. |
Name of Railroad Representative Signature of Railroad Representative Date Signed Date Mailed/Hand Delivered |
If the employee decides to return this form to the railroad, the form should be sent to: [name and address of railroad representative] |
PART II - SUPPLEMENT - EMPLOYEE STATEMENT REGARDING RAILROAD ACCIDENT REPORT |
I would like to supplement the railroad's accident report with the following statement: |
I have carefully read this statement and confirm that it is true to the best of my knowledge and belief. |
_____________________________________ ____________________ Date Mailed/Hand Delivered to FRA: ___________________ |
Signature Date Signed |
NOTE: This Notice and Employee Supplement under 49 C.F.R. 225.12 are part of the reporting railroad's accident report to FRA pursuant to the accident |
reports statute and, as such, shall not “be admitted as evidence or used for any purpose in any suit or action for damages growing out of any |
matter mentioned in said report...." 49 U.S.C. 20903. See 49 C.F.R. 225.7 (b). |
FORM FRA F 6180.78 (Rev. 08/10) |
(Continue statement on separate sheet, if required, and mail with statement) |
EMPLOYEE STATEMENT SUPPLEMENTING RAILROAD ACCIDENT REPORT |
Applicable to this person? |
Yes |
Yes |
No |
No |
Date Mailed/Hand Delivered to Railroad: ________________ |
OMB approval expires 02/28/2014 |
INSTRUCTIONS TO RAILROAD EMPLOYEE REGARDING COMPLETION OF PART II OF FORM FRA F 6180.78 |
FREQUENTLY ASKED QUESTIONS |
If you decide to complete this form, please follow these instructions: |
1. Complete only Part II of this form. |
2. Print or type your statement. |
3. You may attach any relevant supporting documents, diagrams, photographs, or other evidence. |
4. Sign and date your statement. |
5. Send your original statement to the Federal Railroad Administration (FRA) at the following address: |
Operating Practices Division |
Federal Railroad Administration |
RRS-11, Mail Stop 25 |
1200 New Jersey Avenue, S.E. |
Washington, D.C. 20590 |
6. Send a copy of your statement to your railroad. |
7. Keep a copy of your statement for your own records. |
8. Additional information concerning completion of this form may be obtained at FRA’s website at www.FRA.DOT.GOV . |
Q. Who is a railroad employee? |
A. FRA defines an employee for purposes of filling out this form as a Worker on Duty-Railroad Employee; Employee, Railroad |
Employee not on duty; Worker on Duty-Contractor; or Worker on Duty-Volunteer. If you fit into any of these categories, you are a |
railroad employee for purposes of filling out this form. |
Q. Do I have to fill out the form? |
A. No. Neither the railroad nor FRA requires you to fill out this form. Employee statements on this form are voluntary and |
optional, not mandatory, and deciding not to send this form to FRA and the railroad does not imply that the employee admits or |
endorses the railroad’s conclusions as to the cause of the accident or any other allegations. See 49 C.F.R. 225.12(g). |
Q. Will my statements remain confidential? |
A. Information that the employee wishes to withhold from the railroad must not be included in this Supplement. If the employee |
wishes to provide confidential information to FRA, the employee should not use the Supplement form (part II of Form FRA F |
6180.78), but rather provide such confidential information by other means, such as a letter to the employee’s collective |
bargaining representative, or to the Office of Safety Assurance and Compliance, Federal Railroad Administration, RRS-10, Mail |
Stop 25, 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. The letter should include the name of the railroad making the |
allegations, the date and place of the accident, and the rail equipment accident/incident number. |
Q. Is this form part of the railroad’s accident report to FRA, and as such, may it be used in private litigation? |
A. No. This form under 49 C.F.R. 225.12 is part of the railroad’s accident report to FRA pursuant to the accident reports statute |
and as such shall not “be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter |
mentioned in said report…” 49 U.S.C. 20903. See 49 C.F.R. 225.7(b). |
Willful false statements can result in imposition of civil penalties. |
This collection of information is mandatory under 49 CFR 225, and is used by FRA to monitor national rail safety. Public |
reporting burden is estimated to average 10 minutes (Part I) and 1.5 hour (Part II) per response, including the time for |
reviewing instructions, searching existing databases, gathering and maintaining the data needed, and completing and |
reviewing the collection of information. The information collected is a matter of public record, and no confidentiality is |
promised to any respondent. Please note that an agency may not conduct or sponsor, and a person is not required to |
respond to a collection of information unless it displays a currently valid OMB control number. The OMB control number for |
this collection is 2130-0500. |
DEPARTMENT OF TRANSPORTATION |
FEDERAL RAILROAD ADMINISTRATION (FRA) |
EMPLOYEE HUMAN FACTOR ATTACHMENT |
OMB No. 2130-0500 |
FORM FRA F 6180.81 (Rev. 08/10) |
This collection of information is mandatory under 49 CFR 225, and is used by FRA to monitor national rail safety. Public reporting burden is estimated |
to average 15 minutes per response, including the time for reviewing instructions, searching existing databases, gathering and maintaining the data |
needed, and completing and reviewing the collection of information. The information collected is a matter of public record, and no confidentiality is |
promised to any respondent. Please note that an agency may not conduct or sponsor, and a person is not required to respond to a collection of |
information unless it displays a currently valid OMB control number. The OMB control number for this collection is 2130-0500. |
Note: This form under 49 C.F.R. 225.12 is part of the railroad's accident report to FRA pursuant to the accident reports statute and as |
such shall not "be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in |
said report. . . ." 49 U.S.C. 20903. See 49 C.F.R. 225.7 (b). |
Note: Under 49 C.F.R. 225.29, any person who violates any requirement of 49 C.F.R. Part 225 or causes the violation of any such |
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