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or, on easements of private property, that portion of a street that is paved or improved and intended for use by |
pedestrians. |
Injury or illness means an abnormal condition or disorder. Injuries include cases such as, but not limited to, a |
cut, fracture, sprain, or amputation. Illnesses include both acute and chronic illnesses, such as but not limited to, a |
skin disease, respiratory disorder, or poisoning. A musculoskeletal disorder is also an injury or illness. Pain is an |
injury or illness when it is sufficiently severe to meet the general reporting criteria listed in § 225.19(d)(1) through |
(6). |
Joint operations means rail operations conducted on a track used jointly or in common by two or more railroads |
subject to this part or operation of a train, locomotive, car, or other on-track equipment by one railroad over the |
track of another railroad. |
Medical removal means medical removal under the medical surveillance requirements of the Occupational Safety |
and Health Administration standard in 29 CFR part 1910 in effect during calendar year 2002, even if the case does |
not meet one of the general reporting criteria. |
Medical treatment means any medical care or treatment beyond “first aid” regardless of who provides such |
treatment. Medical treatment does not include diagnostic procedures, such as X-rays and drawing blood samples. |
Medical treatment also does not include counseling. |
Musculoskeletal disorder (MSD) means a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, |
and spinal discs. The term does not include disorders caused by slips, trips, falls, motor vehicle accidents, or other |
similar accidents. Examples of MSDs include: Carpal tunnel syndrome, Rotator cuff syndrome, De Quervain's |
disease, Trigger finger, Tarsal tunnel syndrome, Sciatica, Epicondylitis, Tendinitis, Raynaud's phenomenon, Carpet |
layers knee, Herniated spinal disc, and Low back pain. |
Needlestick or sharps injury means a cut, laceration, puncture, or scratch from a needle or other sharp object that |
involves contamination with another person's blood or other potentially infectious material, even if the case does |
not meet one of the general reporting criteria. |
New case means a case in which either the injured or ill person has not previously experienced a reported injury |
or illness of the same type that affects the same part of the body, or the injured or ill person previously experienced |
a reported injury or illness of the same type that affected the same part of the body but had recovered completely |
(all signs and/or symptoms disappeared) from the previous injury or illness, and an event or exposure arising from |
the operation of a railroad discernably caused the signs and/or symptoms to reappear. |
5 |
Non-train incident means an event that results in a reportable casualty, but does not involve the movement of ontrack equipment nor cause reportable damage above the threshold established for train accidents. |
Occupational hearing loss means a diagnosis of occupational hearing loss by a physician or other licensed health |
care professional, where the employee's audiogram reveals a work-related Standard Threshold Shift (STS) (i.e., at |
least a 10-decibel change in hearing threshold, relative to the baseline audiogram for that employee) in hearing in |
one or both ears, and the employee's total hearing level is 25 decibels or more above audiometric zero (averaged at |
2000, 3000, and 4000 Hz) in the same ear(s) as the STS. |
Occupational illness means any abnormal condition or disorder, as diagnosed by a physician or other licensed |
health care professional, of any person who falls under the definition for the classification of Worker on Duty-- |
Employee, other than one resulting from injury, discernably caused by an environmental factor associated with the |
person's railroad employment, including, but not limited to, acute or chronic illnesses or diseases that may be |
caused by inhalation, absorption, ingestion, or direct contact. |
Occupational tuberculosis means the occupational exposure of an employee to anyone with a known case of |
active tuberculosis if the employee subsequently develops a tuberculosis infection, as evidenced by a positive skin |
test or diagnosis by a physician or other licensed health care professional, even if the case does not meet one of the |
general reporting criteria. |
Privacy concern case is any occupational injury or illness in the following list: |
(1) Any injury or illness to an intimate body part or the reproductive system; |
(2) An injury or illness resulting from a sexual assault; |
(3) Mental illnesses; |
(4) HIV infection, hepatitis, or tuberculosis; |
(5) Needlestick and sharps injuries; and |
(6) Other injuries or illnesses, if the employee independently and voluntarily requests in writing to the railroad |
reporting officer that his or her injury or illness not be posted. |
Person includes all categories of entities covered under 1 U.S.C. 1, including, but not limited to, a railroad; any |
manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of |
railroad equipment, track, or facilities; any passenger; any trespasser or nontrespasser; any independent contractor |
providing goods or services to a railroad; any volunteer providing goods or services to a railroad; and any employee |
of such owner, manufacturer, lessor, lessee, or independent contractor. |
Qualified health care professional is a health care professional operating within the scope of his or her license, |
registration, or certification. In addition to licensed physicians, the term includes members of other occupations |
associated with patient care and treatment such as chiropractors, podiatrists, physicians assistants, psychologists, |
and dentists. |
Railroad means a railroad carrier. |
Railroad carrier means a person providing railroad transportation. |
Railroad transportation means any form of non-highway ground transportation that run on rails or electromagnetic guideways, including commuter or other short-haul railroad passenger service in a metropolitan or |
suburban area, as well as any commuter railroad service that was operated by the Consolidated Rail Corporation as |
of January 1, 1979, and high speed ground transportation systems that connect metropolitan areas, without regard to |
whether they use new technologies not associated with traditional railroads. Such term does not include rapid transit |
operations within an urban area that are not connected to the general railroad system of transportation. |
Significant aggravation of a pre-existing injury or illness means aggravation of a pre-existing injury or illness |
that is discernably caused by an event or exposure arising from the operation of a railroad that results in: |
6 |
(1) With respect to any person: |
(i) Death, provided that the pre-existing injury or illness would likely not have resulted in death but |
for the event or exposure; |
(ii) Loss of consciousness, provided that the pre-existing injury or illness would likely not have |
resulted in loss of consciousness but for the event or exposure; or |
(iii) Medical treatment in a case where no medical treatment was needed for the injury or illness |
before the event or exposure, or a change in the course of medical treatment that was being |
provided before the event or exposure. |
(2) With respect to a railroad employee, one or more days away from work, or days of restricted work, or |
days of job transfer that otherwise would not have occurred but for the event or exposure. |
Significant change in the damage costs for reportable rail equipment accidents/incidents means at least a tenpercent variance between the damage amount reported to FRA and current cost figures. |
Significant change in the number of reportable days away from work or days restricted means at least a tenpercent variance in the number of actual reportable days away from work or days restricted compared to the |
number of days already reported. |
Significant illness means an illness involving cancer or a chronic irreversible disease such as byssinosis or |
silicosis, if the disease does not result in death, a day away from work, restricted work, job transfer, medical |
treatment, or loss of consciousness. |
Significant injury means an injury involving a fractured or cracked bone or a punctured eardrum, if the injury |
does not result in death, a day away from work, restricted work, job transfer, medical treatment, or loss of |
consciousness. |
Suicide data means data regarding the death of an individual due to the individual’s commission of suicide as |
determined by a coroner, public police officer or other public authority or injury to an individual due to that |
individual’s attempted commission of suicide as determined by a public police office or other public authority. |
Only the death of, or injury to, the individual who committed the suicidal act is suicide data. Therefore, casualties |
to a person caused by the suicidal act of another person are not considered suicide data. |
Train accident means any collision, derailment, fire, explosion, act of God, or other event involving operation of |
railroad on-track equipment (standing or moving) that results in damages greater than the current reporting |
threshold to railroad on-track equipment, signals, track, track structures, and roadbed. |
Train incident means any event involving the movement of on-track equipment that results in a reportable |
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