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casualty but does not cause reportable damage above the current threshold established for train accidents. |
Work environment means the establishment and other locations where one or more railroad employees are |
working or present as a condition of their employment. The work environment includes not only physical |
locations, but also the equipment or materials processed or used by an employee during the course of his or her |
work, and activities of a railroad employee associated with his or her work, whether on or off the railroad’s |
property. |
Work related means related to an event or exposure occurring within the work environment. An injury or illness |
is presumed work-related if an event or exposure occurring in the work environment is a discernable cause of the |
resulting condition or a discernable cause of a significant aggravation to a pre-existing injury or illness. The causal |
event or exposure need not be peculiarly occupational so long as it occurs at work. For example, a causal event or |
exposure may be outside the employer’s control, such as a lightning strike; involve activities that occur at work but |
are not directly productive, such as horseplay; or involve activities that are not peculiar to work, such as walking on |
a level floor, bending down, climbing stairs or sneezing. Such activities, along with other normal body movements, |
are considered events. So long as the event or exposure occurred at work and is a discernable cause of the injury or |
illness, the injury or illness is work-related. It does not matter whether there are other or bigger causes as well, or |
7 |
that the activity at work is no different from actions performed outside work. If an injury is within the presumption |
of work-relatedness, the employer can rebut work-relatedness only by showing that the case falls within an |
exception listed in § 225.15. In cases where it is not obvious whether a precipitating event or exposure occurred at |
work or outside work, the employer must evaluate the employee’s work duties and environment and decide whether |
it is more likely than not that an event or exposure at work was at least one of the causes of the injury of the injury |
or illness. |
§ 225.6 Consolidated reporting. |
A parent corporation may request in writing that FRA treat its commonly controlled railroad carriers, which operate |
as a single, seamless, integrated United States rail system, as a single railroad carrier for purposes of this part. |
(a) The written request must include the following: |
(1) A list of the subsidiary railroads controlled by the parent corporation; and |
(2) An explanation as to how the subsidiary railroads operate as a single, seamless, integrated United States |
railroad system. |
(b) The request must be sent to the FRA Docket Clerk, Federal Railroad Administration, U.S. Department of |
Transportation, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W31-109, 1200 New Jersey Avenue, SE., |
Washington, DC 20590. Each request received shall be acknowledged in writing. The acknowledgment shall |
contain the docket number assigned to the request and state the date the request was received. |
(c) FRA will notify the applicant parent corporation of the agency’s decision within 90 days of receipt of the |
application. |
(d) If FRA approves the request, the parent corporation must enter into a written agreement with FRA specifying |
which subsidiaries are included in its railroad system, agreeing to assume responsibility for compliance with this |
part for all named subsidiaries making up the system, and consenting to guarantee any monetary penalty |
assessments or other liabilities owed to the United States government that are incurred by the named subsidiaries |
for violating Federal accident/incident reporting requirements. Any change in the subsidiaries making up the |
railroad system requires immediate notification to FRA and execution of an amended agreement. Executed |
agreements will be published in the docket. |
§ 225.7 Public examination and use of reports. |
(a) Accident/Incident reports made by railroads in compliance with these rules shall be available to the public in the |
manner prescribed by part 7 of this title. Accident/Incident reports may be inspected at the U.S. Department of |
Transportation, Federal Railroad Administration, Office of Safety, West Building 3rd Floor, 1200 New Jersey |
Avenue, SE., Washington, DC 20590. Written requests for a copy of a report should be addressed to the Freedom |
of Information Act Coordinator, Office of Chief Counsel, Federal Railroad Administration, U.S. Department of |
Transportation, RCC-10, Mail Stop 10, West Building 3rd Floor, Room W33-437, 1200 New Jersey Avenue, SE., |
Washington, DC 20590, and be accompanied by the appropriate fee prescribed in part 7 of this title. To facilitate |
expedited handling, each request should be clearly marked "FOIA Request for Accident/Incident Report." For |
additional information on submitting a FOIA request to FRA see FRA’s website at http://www.fra.dot.gov/us/foia. |
(b) 49 U.S.C. 20903 provides that monthly reports filed by railroads under § 225.11 may not be admitted as |
evidence or used for any purpose in any action for damages growing out of any matters mentioned in these monthly |
reports. The Employee Human Factor Attachment, Notice, and Employee Supplement under § 225.12 are part of |
the reporting railroad's accident report to FRA pursuant to the 49 U.S.C. 20901 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. |
8 |
§ 225.9 Telephonic reports of certain accidents/incidents and other events. |
(a) Types of accidents/incidents and other events to be reported-- |
(1) Certain deaths or injuries. Each railroad must report immediately, as prescribed in paragraphs (b) |
through (d) of this section, whenever it learns of the occurrence of an accident/incident arising from the |
operation of the railroad, or an event or exposure that may have arisen from the operation of the railroad, |
that results in the-- |
(i) Death of a rail passenger or a railroad employee; |
(ii) Death of an employee of a contractor to a railroad performing work for the railroad on property |
owned, leased, or maintained by the contracting railroad; or |
(iii) Death or injury of five or more persons. |
(2) Certain train accidents or train incidents. Each railroad must report immediately, as prescribed in |
paragraphs (b) through (d) of this section, whenever it learns of the occurrence of any of the following |
events that arose from the operation of the railroad: |
(i) A train accident that results in serious injury to two or more train crewmembers or passengers |
requiring their admission to a hospital; |
(ii) A train accident resulting in evacuation of a passenger train; |
(iii) A fatality resulting from a train accident or train incident at a highway-rail grade crossing |
when death occurs within 24 hours of the accident/incident; |
(iv) A train accident resulting in damage (based on a preliminary gross estimate) of $150,000 or |
more to railroad and nonrailroad property; or |
(v) A train accident resulting in damage of $25,000 or more to a passenger train, including railroad |
and nonrailroad property. |
(3) Train accidents on or fouling passenger service main lines. The dispatching railroad must report |
immediately, as prescribed in paragraphs (b) through (d) of this section, whenever it learns of the |
occurrence of any train accident reportable as a rail equipment accident/incident under § § 225.11 and |
225.19(c)— |
(i) That involves a collision or derailment on a main line that is used for scheduled passenger |
service; or |
(ii) That fouls a main line used for scheduled passenger service. |
(b) Method of reporting. |
(1) Telephonic reports required by this section shall be made by toll-free telephone to the National |
Response Center, Area Code 800-424-8802 or 800-424-0201. |
(2) Through one of the same telephone numbers (800-424-0201), the National Response Center (NRC) also |
receives notifications of rail accidents for the National Transportation Safety Board (49 CFR part 840) and |
the Research and Special Programs Administration of the U.S. Department of Transportation (Hazardous |
Materials Regulations, 49 CFR 171.15). FRA Locomotive Safety Standards require certain locomotive |
accidents to be reported by telephone to the NRC at the same toll-free number (800-424-0201). 49 CFR |
229.17. |
(c) Contents of report. Each report must state the: |
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