Orami01/Test3 · Datasets at Hugging Face

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(1) Name of the railroad;
(2) Name, title, and telephone number of the individual making the report;
(3) Time, date, and location of the accident/incident;
(4) Circumstances of the accident/incident;
(5) Number of persons killed or injured; and
(6) Available estimates of railroad and non-railroad property damage.
(d) Timing of report.
(1) To the extent that the necessity to report an accident/incident depends upon a determination of fact or an
estimate of property damage, a report will be considered immediate if made as soon as possible following
the time that the determination or estimate is made, or could reasonably have been made, whichever comes
9
first, taking into consideration the health and safety of those affected by the accident/incident, including
actions to protect the environment.
(2) NTSB has other specific requirements regarding the timeliness of reporting. See 49 CFR part 840.
§ 225.11 Reporting of accidents/incidents.
(a) Each railroad subject to this part shall submit to FRA a monthly report of all railroad accidents/incidents
described below:
(1) Highway-rail grade crossing accidents/incidents described in § 225.19;
(2) Rail equipment accidents/incidents described in § 225.19; and
(3) Death, injury and occupational illness accidents/incidents described in § 225.19.
(b) The report shall be made on the forms prescribed in § 225.21 in hard copy or, alternatively, by means of optical
media or electronic submission via the Internet, as prescribed in § 225.37, and shall be submitted within 30 days
after expiration of the month during which the accidents/incidents occurred. Reports shall be completed as required
by the current FRA Guide. A copy of the FRA Guide may be obtained from the U.S. Department of
Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25 West Building
3rd Floor, Room W33-107, 1200 New Jersey Avenue, SE., Washington, DC 20590 or downloaded from FRA’s
Office of Safety Analysis website at http://safetydata.fra.dot.gov/officeofsafety/, and click on “Click Here for
Changes in Railroad Accident/Incident Recordkeeping and Reporting.”
§ 225.12 Rail Equipment Accident/Incident Reports alleging employee human factor as cause; Employee
Human Factor Attachment; notice to employee; employee supplement.
(a) Rail Equipment Accident/Incident Report alleging employee human factor as cause; completion of Employee
Human Factor Attachment. If, in reporting a rail equipment accident/incident to FRA, a railroad cites an employee
human factor as the primary cause or a contributing cause of the accident; then the railroad that cited such
employee human factor must complete, in accordance with instructions on the form and in the current ``FRA Guide
for Preparing Accident/Incident Reports,'' an Employee Human Factor Attachment form on the accident. For
purposes of this section, ``employee'' is defined as a Worker on Duty--Employee, Employee not on Duty, Worker
on Duty--Contractor, or Worker on Duty--Volunteer.
(b) Notice to identified implicated employees. Except as provided in paragraphs (e) and (f) of this section, for each
employee whose act, omission, or physical condition was alleged by the railroad as the employee human factor that
was the primary cause or a contributing cause of a rail equipment accident/incident and whose name was listed in
the Employee Human Factor Attachment for the accident and for each such railroad employee of whose identity the
railroad has actual knowledge, the alleging railroad shall--
(1) Complete part I, ``Notice to Railroad Employee Involved in Rail Equipment Accident/Incident
Attributed to Employee Human Factor,'' of Form FRA F 6180.78 with information regarding the accident,
in accordance with instructions on the form and in the current ``FRA Guide for Preparing Accident/Incident
Reports''; and
(2) Hand deliver or send by first class mail (postage prepaid) to that employee, within 45 days after the end
of the month in which the rail equipment accident/incident occurred--
(i) A copy of Form FRA F 6180.78, ``Notice to Railroad Employee Involved in Rail Equipment
Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing
Railroad Accident Report,'' with part I completed as to the applicable employee and accident;
(ii) A copy of the railroad's Rail Equipment Accident/Incident Report and Employee Human
Factor Attachment on the rail equipment accident/incident involved; and
(iii) If the accident was also reportable as a highway-rail grade crossing accident/incident, a copy
of the railroad's Highway-Rail Grade Crossing Accident/Incident Report on that accident.
(c) Joint operations. If a reporting railroad makes allegations under paragraph (a) of this section concerning the
employee of another railroad, the employing railroad must promptly provide the name, job title, address, and
medical status of any employee reasonably identified by the alleging railroad, if requested by the alleging railroad.
10
(d) Late identification. Except as provided in paragraphs (e) and (f) of this section, if a railroad is initially unable to
identify a particular railroad employee whose act, omission, or physical condition was cited by the railroad as a
primary or contributing cause of the accident, but subsequently makes such identification, the railroad shall submit
a revised Employee Human Factor Attachment to FRA immediately, and shall submit the Notice described in
paragraph (b) of this section to that employee within 15 days of when the revised report is to be submitted.
(e) Deferred notification on medical grounds. The reporting railroad has reasonable discretion to defer notification
of implicated employees on medical grounds.
(f) Implicated employees who have died by the time that the Notice is ready to be sent.
(1) If an implicated employee has died as a result of the accident, a Notice under paragraph (b) addressed to
that employee must not be sent to any person.
(2) If an implicated employee has died of whatever causes by the time that the Notice is ready to be sent, no
Notice addressed to that employee is required.
(g) Employee Statement Supplementing Railroad Accident Report (Supplements or Employee Supplements).
(1) Employee Statements Supplementing Railroad Accident Reports are voluntary, not mandatory;
nonsubmission of a Supplement does not imply that the employee admits or endorses the railroad's
conclusions as to cause or any other allegations.
(2) Although a Supplement is completely optional and not required, if an employee wishes to submit a
Supplement and assure that, after receipt, it will be properly placed by FRA in a file with the railroad's Rail
Equipment Accident/Incident Report and that it will be required to be reviewed by the railroad that issued
the Notice, the Supplement must be made on part II of Form FRA F 6180.78 (entitled ``Notice to Railroad
Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor; Employee
Statement Supplementing Railroad Accident Report''), following the instructions printed on the form. These
instructions require that, within 35 days of the date that the Notice was hand delivered or sent by first class
mail (postage prepaid) to the employee (except for good cause shown), the original of the Supplement be
filed with FRA and a copy be hand delivered or sent by first class mail (postage prepaid) to the railroad that
issued the Notice so that the railroad will have an opportunity to reassess its reports to FRA concerning the
accident.
(3) Information that the employee wishes to withhold from the railroad must not be included in this
Supplement. If an employee wishes to provide confidential information to FRA, the employee should not
use the Supplement form (part II of Form FRA F 6180.78, “Notice to Railroad Employee Involved in Rail
Equipment Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing
Railroad Accident Report”), but rather provide such confidential information by other means, such as a
letter to the employee's collective bargaining representative, or to the U.S. Department of Transportation,
Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25 West Building 3rd
Floor, Room W 33-306, 1200 New Jersey Avenue, SE., Washington, DC 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.
(h) Willful false statements; penalties. If an employee chooses to submit a Supplement to FRA, all of the
employee's assertions in the Supplement must be true and correct to the best of the employee's knowledge and
belief.
(1) Under 49 U.S.C. 21301, 21302, and 21304, any person who willfully files a false Supplement with FRA

(1) Name of the railroad;

(2) Name, title, and telephone number of the individual making the report;

(3) Time, date, and location of the accident/incident;

(4) Circumstances of the accident/incident;

(5) Number of persons killed or injured; and

(6) Available estimates of railroad and non-railroad property damage.

(d) Timing of report.

(1) To the extent that the necessity to report an accident/incident depends upon a determination of fact or an

estimate of property damage, a report will be considered immediate if made as soon as possible following

the time that the determination or estimate is made, or could reasonably have been made, whichever comes

9

first, taking into consideration the health and safety of those affected by the accident/incident, including

actions to protect the environment.

(2) NTSB has other specific requirements regarding the timeliness of reporting. See 49 CFR part 840.

§ 225.11 Reporting of accidents/incidents.

(a) Each railroad subject to this part shall submit to FRA a monthly report of all railroad accidents/incidents

described below:

(1) Highway-rail grade crossing accidents/incidents described in § 225.19;

(2) Rail equipment accidents/incidents described in § 225.19; and

(3) Death, injury and occupational illness accidents/incidents described in § 225.19.

(b) The report shall be made on the forms prescribed in § 225.21 in hard copy or, alternatively, by means of optical

media or electronic submission via the Internet, as prescribed in § 225.37, and shall be submitted within 30 days

after expiration of the month during which the accidents/incidents occurred. Reports shall be completed as required

by the current FRA Guide. A copy of the FRA Guide may be obtained from the U.S. Department of

Transportation, Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25 West Building

3rd Floor, Room W33-107, 1200 New Jersey Avenue, SE., Washington, DC 20590 or downloaded from FRA’s

Office of Safety Analysis website at http://safetydata.fra.dot.gov/officeofsafety/, and click on “Click Here for

Changes in Railroad Accident/Incident Recordkeeping and Reporting.”

§ 225.12 Rail Equipment Accident/Incident Reports alleging employee human factor as cause; Employee

Human Factor Attachment; notice to employee; employee supplement.

(a) Rail Equipment Accident/Incident Report alleging employee human factor as cause; completion of Employee

Human Factor Attachment. If, in reporting a rail equipment accident/incident to FRA, a railroad cites an employee

human factor as the primary cause or a contributing cause of the accident; then the railroad that cited such

employee human factor must complete, in accordance with instructions on the form and in the current ``FRA Guide

for Preparing Accident/Incident Reports,'' an Employee Human Factor Attachment form on the accident. For

purposes of this section, ``employee'' is defined as a Worker on Duty--Employee, Employee not on Duty, Worker

on Duty--Contractor, or Worker on Duty--Volunteer.

(b) Notice to identified implicated employees. Except as provided in paragraphs (e) and (f) of this section, for each

employee whose act, omission, or physical condition was alleged by the railroad as the employee human factor that

was the primary cause or a contributing cause of a rail equipment accident/incident and whose name was listed in

the Employee Human Factor Attachment for the accident and for each such railroad employee of whose identity the

railroad has actual knowledge, the alleging railroad shall--

(1) Complete part I, ``Notice to Railroad Employee Involved in Rail Equipment Accident/Incident

Attributed to Employee Human Factor,'' of Form FRA F 6180.78 with information regarding the accident,

in accordance with instructions on the form and in the current ``FRA Guide for Preparing Accident/Incident

Reports''; and

(2) Hand deliver or send by first class mail (postage prepaid) to that employee, within 45 days after the end

of the month in which the rail equipment accident/incident occurred--

(i) A copy of Form FRA F 6180.78, ``Notice to Railroad Employee Involved in Rail Equipment

Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing

Railroad Accident Report,'' with part I completed as to the applicable employee and accident;

(ii) A copy of the railroad's Rail Equipment Accident/Incident Report and Employee Human

Factor Attachment on the rail equipment accident/incident involved; and

(iii) If the accident was also reportable as a highway-rail grade crossing accident/incident, a copy

of the railroad's Highway-Rail Grade Crossing Accident/Incident Report on that accident.

(c) Joint operations. If a reporting railroad makes allegations under paragraph (a) of this section concerning the

employee of another railroad, the employing railroad must promptly provide the name, job title, address, and

medical status of any employee reasonably identified by the alleging railroad, if requested by the alleging railroad.

10

(d) Late identification. Except as provided in paragraphs (e) and (f) of this section, if a railroad is initially unable to

identify a particular railroad employee whose act, omission, or physical condition was cited by the railroad as a

primary or contributing cause of the accident, but subsequently makes such identification, the railroad shall submit

a revised Employee Human Factor Attachment to FRA immediately, and shall submit the Notice described in

paragraph (b) of this section to that employee within 15 days of when the revised report is to be submitted.

(e) Deferred notification on medical grounds. The reporting railroad has reasonable discretion to defer notification

of implicated employees on medical grounds.

(f) Implicated employees who have died by the time that the Notice is ready to be sent.

(1) If an implicated employee has died as a result of the accident, a Notice under paragraph (b) addressed to

that employee must not be sent to any person.

(2) If an implicated employee has died of whatever causes by the time that the Notice is ready to be sent, no

Notice addressed to that employee is required.

(g) Employee Statement Supplementing Railroad Accident Report (Supplements or Employee Supplements).

(1) Employee Statements Supplementing Railroad Accident Reports are voluntary, not mandatory;

nonsubmission of a Supplement does not imply that the employee admits or endorses the railroad's

conclusions as to cause or any other allegations.

(2) Although a Supplement is completely optional and not required, if an employee wishes to submit a

Supplement and assure that, after receipt, it will be properly placed by FRA in a file with the railroad's Rail

Equipment Accident/Incident Report and that it will be required to be reviewed by the railroad that issued

the Notice, the Supplement must be made on part II of Form FRA F 6180.78 (entitled ``Notice to Railroad

Employee Involved in Rail Equipment Accident/Incident Attributed to Employee Human Factor; Employee

Statement Supplementing Railroad Accident Report''), following the instructions printed on the form. These

instructions require that, within 35 days of the date that the Notice was hand delivered or sent by first class

mail (postage prepaid) to the employee (except for good cause shown), the original of the Supplement be

filed with FRA and a copy be hand delivered or sent by first class mail (postage prepaid) to the railroad that

issued the Notice so that the railroad will have an opportunity to reassess its reports to FRA concerning the

accident.

(3) Information that the employee wishes to withhold from the railroad must not be included in this

Supplement. If an employee wishes to provide confidential information to FRA, the employee should not

use the Supplement form (part II of Form FRA F 6180.78, “Notice to Railroad Employee Involved in Rail

Equipment Accident/Incident Attributed to Employee Human Factor; Employee Statement Supplementing

Railroad Accident Report”), but rather provide such confidential information by other means, such as a

letter to the employee's collective bargaining representative, or to the U.S. Department of Transportation,

Federal Railroad Administration, Office of Safety Analysis, RRS-22, Mail Stop 25 West Building 3rd

Floor, Room W 33-306, 1200 New Jersey Avenue, SE., Washington, DC 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.

(h) Willful false statements; penalties. If an employee chooses to submit a Supplement to FRA, all of the

employee's assertions in the Supplement must be true and correct to the best of the employee's knowledge and

belief.

(1) Under 49 U.S.C. 21301, 21302, and 21304, any person who willfully files a false Supplement with FRA