Orami01/Test3 · Datasets at Hugging Face

text stringlengths 0 1.03k
whether or not it meets the general reporting criteria listed in § 225.19(d)(1) through (d)(6), and the railroad
employee claims that, or the railroad otherwise has knowledge that, an event or exposure arising from the operation
of the railroad is a discernable cause of the abnormal condition or disorder.
Accountable rail equipment accident/incident means
(1) Any derailment regardless of whether or not it causes any damage or
(2) Any collision, highway-rail grade crossing accident/incident, obstruction accident, other impact, fire or
violent rupture, explosion-detonation, act of God, or other accident/incident involving the operation of railroad ontrack equipment (standing or moving) that results in damage to the railroad on-track equipment (standing or
moving), signals, track, track structures or roadbed and that damage impairs the functioning or safety of the railroad
on-track equipment (standing or moving), signals, track, track structures or roadbed.
Covered data means information that must be reported to FRA under this part concerning a railroad employee
injury or illness case that is reportable exclusively because a physician or other licensed health care professional--
(1) Recommended in writing that--
(i) The employee take one or more days away from work when the employee instead reports to work (or
would have reported had he or she been scheduled) and takes no days away from work in connection with
the injury or illness,
(ii) The employee work restricted duty for one or more days when the employee instead works unrestricted
(or would have worked unrestricted had he or she been scheduled) and takes no days of restricted work
activity in connection with the injury or illness, or
(iii) The employee take over-the-counter medication at a dosage equal to or greater than the minimum
prescription strength, whether or not the employee actually takes the medication; or
(2) Made a one-time topical application of a prescription-strength medication to the employee's injury.
Day away from work means a day away from work as described in paragraph (1) of this definition or, if
paragraph (1) does not apply, a day away from work solely for reporting purposes as described in paragraph (2) of
this definition. For purposes of this definition, the count of days includes all calendar days, regardless of whether
the employee would normally be scheduled to work on those days (e.g., weekend days, holidays, rest days, and
vacation days), and begins on the first calendar day after the railroad employee has been examined by a physician
or other licensed health care professional (PLHCP) and diagnosed with a work-related injury or illness. In
particular, the term means--
(1) Each calendar day that the employee, for reasons associated with his or her condition, does not report to work
(or would have been unable to report had he or she been scheduled) if not reporting results from:
(i) A PLHCP's written recommendation not to work, or
(ii) A railroad's instructions not to work, if the injury or illness is otherwise reportable; or
(2) A minimum of one calendar day if a PLHCP, for reasons associated with the employee's condition,
recommends in writing that the employee take one or more days away from work, but the employee instead
reports to work (or would have reported had he or she been scheduled). This paragraph is intended to take into
3
account ``covered data'' cases and also those non-covered data cases that are independently reportable for some
other reason (e.g., ``medical treatment'' or ``day of restricted work activity''). The requirement to report ``a
minimum of one calendar day'' is intended to give a railroad the discretion to report up to the total number of
days recommended by the PLHCP.
Day of restricted work activity means a day of restricted work activity as described in paragraph (1) of this
definition or, if paragraph (1) does not apply, a day of restricted work activity solely for reporting purposes as
described in paragraph (2) of this definition; in both cases, the work restriction must affect one or more of the
employee's routine job functions (i.e., those work activities regularly performed at least once per week) or prevent
the employee from working the full workday that he or she would otherwise have worked. For purposes of this
definition, the count of days includes all calendar days, regardless of whether the employee would normally be
scheduled to work on those days (e.g., weekend days, holidays, rest days, and vacation days), and begins on the
first calendar day after the railroad employee has been examined by a physician or other licensed health care
professional (PLHCP) and diagnosed with a work-related injury or illness. In particular, the term means--
(1) Each calendar day that the employee, for reasons associated with his or her condition, works restricted duty
(or would have worked restricted duty had he or she been scheduled) if the restriction results from:
(i) A PLHCP's written recommendation to work restricted duty, or
(ii) A railroad's instructions to work restricted duty, if the injury or illness is otherwise reportable; or
(2) A minimum of one calendar day if a PLHCP, for reasons associated with the employee's condition,
recommends in writing that the employee work restricted duty for one or more days, but the employee instead
works unrestricted (or would have worked unrestricted had he or she been scheduled). This paragraph is intended to
take into account ``covered data'' cases and also those non-covered data cases that are independently reportable for
some other reason (e.g., “medical treatment” or “day of restricted work activity”). The requirement to report “a
minimum of one calendar day'' is intended to give a railroad the discretion to report up to the total number of days
recommended by the PLHCP.
Discernable cause means a causal factor capable of being recognized by the senses or the understanding. An
event or exposure arising from the operation of a railroad is a discernable cause of (i.e., discernably caused) an
injury or illness if, considering the circumstances, it is more likely than not that the event or exposure is a cause of
the injury or illness. The event or exposure arising from the operation of a railroad need not be a sole, predominant
or significant cause of the injury or illness, so long as it is a cause (i.e., a contributing factor).
Employee human factor includes any of the accident causes signified by the train accident cause codes listed
under ``Train Operation--Human Factors'' in the current ``FRA Guide for Preparing Accidents/Incidents Reports,''
except for those train accident cause codes pertaining to non-railroad workers. For purposes of this definition
``employee'' includes the classifications of Worker on Duty--Employee, Employee not on Duty, Worker on Duty--
Contractor, and Worker on Duty--Volunteer.
Establishment means a single physical location where workers report to work, where railroad business is
conducted, or where services or operations are performed. Examples are: a division office, general office, repair or
maintenance facility, major switching yard or terminal. For employees who are engaged in dispersed operations,
such as signal or track maintenance workers, an ``establishment'' is typically a location where work assignments are
initially made and oversight responsibility exists, e.g., the establishment where the signal supervisor or roadmaster
is located.
Event or exposure includes an incident, activity, or occurrence.
Event or exposure arising from the operation of a railroad means—
(1) With respect to a person who is not an employee of the railroad:
(i) A person who is on property owned, leased, maintained or operated by the railroad, an event or exposure
that is related to the performance of the railroad’s rail transportation business; or
(ii) A person who is not on property owned, leased, maintained or operated over by the railroad, an event or
exposure directly resulting from one or more of the following railroad operations:
(A) A train accident or a train incident involving the railroad; or
4
(B) A release of a hazardous material from a railcar in the possession of the railroad or of another
dangerous commodity that is related to the performance of the railroad’s rail transportation
business.
(2) With respect to a person who is an employee of the railroad, an event or exposure that is work-related.
FRA representative means the Associate Administrator for Safety, FRA; the Associate Administrator's delegate
(including a qualified State inspector acting under part 212 of this chapter); the Chief Counsel, FRA; or the Chief
Counsel's delegate.
General reporting criteria means the criteria listed in § 225.19(d)(1) through (6).
Highway-rail grade crossing means:
(1) A location where a public highway, road, or street, or a private roadway, including associated sidewalks,
crosses one or more railroad tracks at grade; or
(2) A location where a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated
for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public
highway, road, or street, or a private roadway, crosses one or more railroad tracks at grade. The term “sidewalk”
means that portion of a street between the curb line, or the lateral line of a roadway, and the adjacent property line

whether or not it meets the general reporting criteria listed in § 225.19(d)(1) through (d)(6), and the railroad

employee claims that, or the railroad otherwise has knowledge that, an event or exposure arising from the operation

of the railroad is a discernable cause of the abnormal condition or disorder.

Accountable rail equipment accident/incident means

(1) Any derailment regardless of whether or not it causes any damage or

(2) Any collision, highway-rail grade crossing accident/incident, obstruction accident, other impact, fire or

violent rupture, explosion-detonation, act of God, or other accident/incident involving the operation of railroad ontrack equipment (standing or moving) that results in damage to the railroad on-track equipment (standing or

moving), signals, track, track structures or roadbed and that damage impairs the functioning or safety of the railroad

on-track equipment (standing or moving), signals, track, track structures or roadbed.

Covered data means information that must be reported to FRA under this part concerning a railroad employee

injury or illness case that is reportable exclusively because a physician or other licensed health care professional--

(1) Recommended in writing that--

(i) The employee take one or more days away from work when the employee instead reports to work (or

would have reported had he or she been scheduled) and takes no days away from work in connection with

the injury or illness,

(ii) The employee work restricted duty for one or more days when the employee instead works unrestricted

(or would have worked unrestricted had he or she been scheduled) and takes no days of restricted work

activity in connection with the injury or illness, or

(iii) The employee take over-the-counter medication at a dosage equal to or greater than the minimum

prescription strength, whether or not the employee actually takes the medication; or

(2) Made a one-time topical application of a prescription-strength medication to the employee's injury.

Day away from work means a day away from work as described in paragraph (1) of this definition or, if

paragraph (1) does not apply, a day away from work solely for reporting purposes as described in paragraph (2) of

this definition. For purposes of this definition, the count of days includes all calendar days, regardless of whether

the employee would normally be scheduled to work on those days (e.g., weekend days, holidays, rest days, and

vacation days), and begins on the first calendar day after the railroad employee has been examined by a physician

or other licensed health care professional (PLHCP) and diagnosed with a work-related injury or illness. In

particular, the term means--

(1) Each calendar day that the employee, for reasons associated with his or her condition, does not report to work

(or would have been unable to report had he or she been scheduled) if not reporting results from:

(i) A PLHCP's written recommendation not to work, or

(ii) A railroad's instructions not to work, if the injury or illness is otherwise reportable; or

(2) A minimum of one calendar day if a PLHCP, for reasons associated with the employee's condition,

recommends in writing that the employee take one or more days away from work, but the employee instead

reports to work (or would have reported had he or she been scheduled). This paragraph is intended to take into

3

account ``covered data'' cases and also those non-covered data cases that are independently reportable for some

other reason (e.g., ``medical treatment'' or ``day of restricted work activity''). The requirement to report ``a

minimum of one calendar day'' is intended to give a railroad the discretion to report up to the total number of

days recommended by the PLHCP.

Day of restricted work activity means a day of restricted work activity as described in paragraph (1) of this

definition or, if paragraph (1) does not apply, a day of restricted work activity solely for reporting purposes as

described in paragraph (2) of this definition; in both cases, the work restriction must affect one or more of the

employee's routine job functions (i.e., those work activities regularly performed at least once per week) or prevent

the employee from working the full workday that he or she would otherwise have worked. For purposes of this

definition, the count of days includes all calendar days, regardless of whether the employee would normally be

scheduled to work on those days (e.g., weekend days, holidays, rest days, and vacation days), and begins on the

first calendar day after the railroad employee has been examined by a physician or other licensed health care

professional (PLHCP) and diagnosed with a work-related injury or illness. In particular, the term means--

(1) Each calendar day that the employee, for reasons associated with his or her condition, works restricted duty

(or would have worked restricted duty had he or she been scheduled) if the restriction results from:

(i) A PLHCP's written recommendation to work restricted duty, or

(ii) A railroad's instructions to work restricted duty, if the injury or illness is otherwise reportable; or

(2) A minimum of one calendar day if a PLHCP, for reasons associated with the employee's condition,

recommends in writing that the employee work restricted duty for one or more days, but the employee instead

works unrestricted (or would have worked unrestricted had he or she been scheduled). This paragraph is intended to

take into account ``covered data'' cases and also those non-covered data cases that are independently reportable for

some other reason (e.g., “medical treatment” or “day of restricted work activity”). The requirement to report “a

minimum of one calendar day'' is intended to give a railroad the discretion to report up to the total number of days

recommended by the PLHCP.

Discernable cause means a causal factor capable of being recognized by the senses or the understanding. An

event or exposure arising from the operation of a railroad is a discernable cause of (i.e., discernably caused) an

injury or illness if, considering the circumstances, it is more likely than not that the event or exposure is a cause of

the injury or illness. The event or exposure arising from the operation of a railroad need not be a sole, predominant

or significant cause of the injury or illness, so long as it is a cause (i.e., a contributing factor).

Employee human factor includes any of the accident causes signified by the train accident cause codes listed

under ``Train Operation--Human Factors'' in the current ``FRA Guide for Preparing Accidents/Incidents Reports,''

except for those train accident cause codes pertaining to non-railroad workers. For purposes of this definition

``employee'' includes the classifications of Worker on Duty--Employee, Employee not on Duty, Worker on Duty--

Contractor, and Worker on Duty--Volunteer.

Establishment means a single physical location where workers report to work, where railroad business is

conducted, or where services or operations are performed. Examples are: a division office, general office, repair or

maintenance facility, major switching yard or terminal. For employees who are engaged in dispersed operations,

such as signal or track maintenance workers, an ``establishment'' is typically a location where work assignments are

initially made and oversight responsibility exists, e.g., the establishment where the signal supervisor or roadmaster

is located.

Event or exposure includes an incident, activity, or occurrence.

Event or exposure arising from the operation of a railroad means—

(1) With respect to a person who is not an employee of the railroad:

(i) A person who is on property owned, leased, maintained or operated by the railroad, an event or exposure

that is related to the performance of the railroad’s rail transportation business; or

(ii) A person who is not on property owned, leased, maintained or operated over by the railroad, an event or

exposure directly resulting from one or more of the following railroad operations:

(A) A train accident or a train incident involving the railroad; or

4

(B) A release of a hazardous material from a railcar in the possession of the railroad or of another

dangerous commodity that is related to the performance of the railroad’s rail transportation

business.

(2) With respect to a person who is an employee of the railroad, an event or exposure that is work-related.

FRA representative means the Associate Administrator for Safety, FRA; the Associate Administrator's delegate

(including a qualified State inspector acting under part 212 of this chapter); the Chief Counsel, FRA; or the Chief

Counsel's delegate.

General reporting criteria means the criteria listed in § 225.19(d)(1) through (6).

Highway-rail grade crossing means:

(1) A location where a public highway, road, or street, or a private roadway, including associated sidewalks,

crosses one or more railroad tracks at grade; or

(2) A location where a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated

for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public

highway, road, or street, or a private roadway, crosses one or more railroad tracks at grade. The term “sidewalk”

means that portion of a street between the curb line, or the lateral line of a roadway, and the adjacent property line