Orami01/Test3 · Datasets at Hugging Face

text stringlengths 0 1.03k
is subject to a civil penalty. See appendix A to this part.
(2) Any person who knowingly and willfully files a false Supplement is subject to a $5,000 fine, or up to
two years'' imprisonment, or both, under 49 U.S.C. 21311.
§ 225.13 Late reports.
Whenever a railroad discovers that a report of an accident/incident, through mistake or otherwise, has been
improperly omitted from or improperly reported on its regular monthly accident/incident report, a report covering
11
this accident/incident together with a letter of explanation must be submitted immediately. Whenever a railroad
receives a partially or fully completed Employee Statement Supplementing Railroad Accident Report (part II of
Form FRA F 6180.78), in response to a Notice to Railroad Employee (part I of Form FRA F 6180.78) issued by the
railroad and mailed or hand delivered to the employee, the railroad must promptly review that Supplement; based
on that review, reassess the accuracy and validity of the railroad's Rail Equipment Accident/Incident Report and of
any other reports and records required by this part concerning the same accident, including the Employee Human
Factor Attachment; make all justified revisions to each of those reports and records; submit any amended reports to
FRA; and submit a copy of any amended Rail Equipment Accident/Incident Report, Employee Human Factor
Attachment, and Highway-Rail Grade Crossing Accident/Incident Report on the accident to the employee. A
second notice under § 225.12 is not required for the employee. If an employee who was never sent a notice under §
225.12 for that accident is implicated in the revised Employee Human Factor Attachment, the railroad must follow
the procedures of § 225.12(d).
§ 225.15 Accidents/incidents not to be reported.
The following accidents/incidents are not reportable:
(a) With respect to persons other than railroad employees. A railroad need not report injuries that occur at
highway-rail grade crossings that do not involve the presence or operation of on-track equipment, or the presence of
railroad employees then engaged in the operation of a railroad;
(b) With respect to railroad employees on duty. A railroad is not to report the following injuries to or illnesses of a
railroad employee as Worker on Duty – Employee (Class A), if any of the conditions in this paragraph (b) are met.
(These exceptions apply only to Worker on Duty – Employee (Class A) and do not affect a railroad’s obligation to
report these injuries and illnesses as other types of persons (Employee Not On duty (Class B); Passenger on Trains
(Class C); Nontrespassers-On Railroad Property (Class D); Trespassers (Class E)), or a railroad’s obligation to
maintain a “Railroad Employee Injury/Illness Record” (Form FRA F 6180.98 or alternative railroad-designed
form)).
(1) The injury or illness occurred in or about living quarters and an event or exposure not arising from the
operation of a railroad was the cause;
(2) At the time of the injury or illness, the employee was present in the work environment as a member of
the general public rather than as an employee; or
(3) The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or
company access road while the employee is commuting to or from work.
(c) With respect to railroad employees on or off duty. A railroad is not to report the following injuries to or illnesses
of a railroad employee, Worker on Duty – Employee (Class A) or Employee Not On duty (Class B), if any of the
following conditions in this paragraph (c) are met:
(1) The injury or illness involves signs or symptoms that surface at work but result solely from a non-workrelated event or exposure that occurs outside the work environment;
(2) The injury or illness results solely from voluntary participation in a wellness program or in a medical,
fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class,
racquetball, or baseball;
(3) The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for
personal consumption. However, if the employee is made ill by ingesting food contaminated by workplace
contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be
considered work-related and reported as either a Worker on Duty – Employee (Class A) or Employee Not
On duty (Class B) depending on the employees duty status;
(4) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their
employment) at the establishment outside of the employee's assigned working hours;
12
(5) The injury or illness is solely the result of personal grooming, self medication for a non-work-related
condition, or is intentionally self-inflicted (except that for FRA reporting purposes a railroad shall not
exclude an accountable or reportable injury or illness that is the result of a suicide or attempted suicide);
(6) The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis,
hepatitis A, or plague are considered work-related if the employee is infected at work); or
(7) The illness is a mental illness. Mental illness will not be considered work-related unless the employee
voluntarily provides the employer with an opinion from a physician or other licensed health care
professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse
practitioner, etc.) stating that the employee has a mental illness that is work-related.
(d) With respect to contractors and volunteers. A railroad is not to report injuries to contractors and volunteers that
are listed in paragraphs (b) and (c) of this section. For purposes of this paragraph only, an exception listed in
paragraphs (b) and (c) referencing “work environment” is construed to mean for contractors and volunteers only, on
property owned, leased, operated over or maintained by the railroad.
(e) With respect to rail equipment accident/incidents. A railroad is not to report rail equipment accidents/incidents if
the conditions in this paragraph are met. (This exception does not affect a railroad’s obligation to maintain records
of accidents/incidents as required by § 225.25 (Form FRA F 6180.97, “Initial Rail Equipment Accident/Incident
Record”)).
(1) Cars derailed on industry tracks by non-railroad employees or non-railroad employee vandalism,
providing there is no involvement of railroad employees; and
(2) Damage to out of service cars resulting from high water or flooding (e.g., empties placed on a storage or
repair track). This exception does not apply if such cars are placed into a moving consist and as a result of
this damage a reportable rail equipment accident results.
§ 225.17 Doubtful cases.
(a) The reporting officer of a railroad will ordinarily determine the reportability or nonreportability of an
accident/incident after examining all evidence available. The FRA, however, cannot delegate authority to decide
matters of judgment when facts are in dispute. In all such cases the decision shall be that of the FRA.
(b) Even though there may be no witness to an accident/incident, if there is evidence indicating that a reportable
accident/incident may have occurred, a report of that accident/incident must be made.
(c) All accidents/incidents reported as “claimed but not admitted by the railroad” are given special examination by
the FRA, and further inquiry may be ordered. Accidents/incidents accepted as reportable are tabulated and included
in the various statistical statements issued by the FRA. The denial of any knowledge or refusal to admit
responsibility by the railroad does not exclude those accidents/incidents from monthly and annual figures. Facts
stated by a railroad that tend to refute the claim of an injured person are given consideration, and when the facts
seem sufficient to support the railroad's position, the case is not allocated to the reporting railroad.
(d)[Redesignate as § 225.18(a)]
§ 225.18 Alcohol or drug involvement.
(a) In preparing a Rail Equipment Accident/Incident Report under this part, the railroad shall make such specific
inquiry as may be reasonable under the circumstances into the possible involvement of alcohol or drug use or
impairment in such accident or incident. If the railroad comes into possession of any information whatsoever,
whether or not confirmed, concerning alleged alcohol or drug use or impairment by an employee who was involved
in, or arguably could be said to have been involved in, the accident/incident, the railroad shall report such alleged
use or impairment as provided in the current FRA Guide. If the railroad is in possession of such information but
does not believe that alcohol or drug impairment was the primary or contributing cause of the accident/incident,
13
then the railroad shall include in the narrative statement of such report a brief explanation of the basis of such
determination.
(b) For any train accident within the requirement for post-accident testing under § 219.201 of this chapter, the
railroad shall append to the Rail Equipment Accident/Incident Report any report required by 49 CFR § 219.209(b)

is subject to a civil penalty. See appendix A to this part.

(2) Any person who knowingly and willfully files a false Supplement is subject to a $5,000 fine, or up to

two years'' imprisonment, or both, under 49 U.S.C. 21311.

§ 225.13 Late reports.

Whenever a railroad discovers that a report of an accident/incident, through mistake or otherwise, has been

improperly omitted from or improperly reported on its regular monthly accident/incident report, a report covering

11

this accident/incident together with a letter of explanation must be submitted immediately. Whenever a railroad

receives a partially or fully completed Employee Statement Supplementing Railroad Accident Report (part II of

Form FRA F 6180.78), in response to a Notice to Railroad Employee (part I of Form FRA F 6180.78) issued by the

railroad and mailed or hand delivered to the employee, the railroad must promptly review that Supplement; based

on that review, reassess the accuracy and validity of the railroad's Rail Equipment Accident/Incident Report and of

any other reports and records required by this part concerning the same accident, including the Employee Human

Factor Attachment; make all justified revisions to each of those reports and records; submit any amended reports to

FRA; and submit a copy of any amended Rail Equipment Accident/Incident Report, Employee Human Factor

Attachment, and Highway-Rail Grade Crossing Accident/Incident Report on the accident to the employee. A

second notice under § 225.12 is not required for the employee. If an employee who was never sent a notice under §

225.12 for that accident is implicated in the revised Employee Human Factor Attachment, the railroad must follow

the procedures of § 225.12(d).

§ 225.15 Accidents/incidents not to be reported.

The following accidents/incidents are not reportable:

(a) With respect to persons other than railroad employees. A railroad need not report injuries that occur at

highway-rail grade crossings that do not involve the presence or operation of on-track equipment, or the presence of

railroad employees then engaged in the operation of a railroad;

(b) With respect to railroad employees on duty. A railroad is not to report the following injuries to or illnesses of a

railroad employee as Worker on Duty – Employee (Class A), if any of the conditions in this paragraph (b) are met.

(These exceptions apply only to Worker on Duty – Employee (Class A) and do not affect a railroad’s obligation to

report these injuries and illnesses as other types of persons (Employee Not On duty (Class B); Passenger on Trains

(Class C); Nontrespassers-On Railroad Property (Class D); Trespassers (Class E)), or a railroad’s obligation to

maintain a “Railroad Employee Injury/Illness Record” (Form FRA F 6180.98 or alternative railroad-designed

form)).

(1) The injury or illness occurred in or about living quarters and an event or exposure not arising from the

operation of a railroad was the cause;

(2) At the time of the injury or illness, the employee was present in the work environment as a member of

the general public rather than as an employee; or

(3) The injury or illness is caused by a motor vehicle accident and occurs on a company parking lot or

company access road while the employee is commuting to or from work.

(c) With respect to railroad employees on or off duty. A railroad is not to report the following injuries to or illnesses

of a railroad employee, Worker on Duty – Employee (Class A) or Employee Not On duty (Class B), if any of the

following conditions in this paragraph (c) are met:

(1) The injury or illness involves signs or symptoms that surface at work but result solely from a non-workrelated event or exposure that occurs outside the work environment;

(2) The injury or illness results solely from voluntary participation in a wellness program or in a medical,

fitness, or recreational activity such as blood donation, physical examination, flu shot, exercise class,

racquetball, or baseball;

(3) The injury or illness is solely the result of an employee eating, drinking, or preparing food or drink for

personal consumption. However, if the employee is made ill by ingesting food contaminated by workplace

contaminants (such as lead), or gets food poisoning from food supplied by the employer, the case would be

considered work-related and reported as either a Worker on Duty – Employee (Class A) or Employee Not

On duty (Class B) depending on the employees duty status;

(4) The injury or illness is solely the result of an employee doing personal tasks (unrelated to their

employment) at the establishment outside of the employee's assigned working hours;

12

(5) The injury or illness is solely the result of personal grooming, self medication for a non-work-related

condition, or is intentionally self-inflicted (except that for FRA reporting purposes a railroad shall not

exclude an accountable or reportable injury or illness that is the result of a suicide or attempted suicide);

(6) The illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis,

hepatitis A, or plague are considered work-related if the employee is infected at work); or

(7) The illness is a mental illness. Mental illness will not be considered work-related unless the employee

voluntarily provides the employer with an opinion from a physician or other licensed health care

professional with appropriate training and experience (psychiatrist, psychologist, psychiatric nurse

practitioner, etc.) stating that the employee has a mental illness that is work-related.

(d) With respect to contractors and volunteers. A railroad is not to report injuries to contractors and volunteers that

are listed in paragraphs (b) and (c) of this section. For purposes of this paragraph only, an exception listed in

paragraphs (b) and (c) referencing “work environment” is construed to mean for contractors and volunteers only, on

property owned, leased, operated over or maintained by the railroad.

(e) With respect to rail equipment accident/incidents. A railroad is not to report rail equipment accidents/incidents if

the conditions in this paragraph are met. (This exception does not affect a railroad’s obligation to maintain records

of accidents/incidents as required by § 225.25 (Form FRA F 6180.97, “Initial Rail Equipment Accident/Incident

Record”)).

(1) Cars derailed on industry tracks by non-railroad employees or non-railroad employee vandalism,

providing there is no involvement of railroad employees; and

(2) Damage to out of service cars resulting from high water or flooding (e.g., empties placed on a storage or

repair track). This exception does not apply if such cars are placed into a moving consist and as a result of

this damage a reportable rail equipment accident results.

§ 225.17 Doubtful cases.

(a) The reporting officer of a railroad will ordinarily determine the reportability or nonreportability of an

accident/incident after examining all evidence available. The FRA, however, cannot delegate authority to decide

matters of judgment when facts are in dispute. In all such cases the decision shall be that of the FRA.

(b) Even though there may be no witness to an accident/incident, if there is evidence indicating that a reportable

accident/incident may have occurred, a report of that accident/incident must be made.

(c) All accidents/incidents reported as “claimed but not admitted by the railroad” are given special examination by

the FRA, and further inquiry may be ordered. Accidents/incidents accepted as reportable are tabulated and included

in the various statistical statements issued by the FRA. The denial of any knowledge or refusal to admit

responsibility by the railroad does not exclude those accidents/incidents from monthly and annual figures. Facts

stated by a railroad that tend to refute the claim of an injured person are given consideration, and when the facts

seem sufficient to support the railroad's position, the case is not allocated to the reporting railroad.

(d)[Redesignate as § 225.18(a)]

§ 225.18 Alcohol or drug involvement.

(a) In preparing a Rail Equipment Accident/Incident Report under this part, the railroad shall make such specific

inquiry as may be reasonable under the circumstances into the possible involvement of alcohol or drug use or

impairment in such accident or incident. If the railroad comes into possession of any information whatsoever,

whether or not confirmed, concerning alleged alcohol or drug use or impairment by an employee who was involved

in, or arguably could be said to have been involved in, the accident/incident, the railroad shall report such alleged

use or impairment as provided in the current FRA Guide. If the railroad is in possession of such information but

does not believe that alcohol or drug impairment was the primary or contributing cause of the accident/incident,

13

then the railroad shall include in the narrative statement of such report a brief explanation of the basis of such

determination.

(b) For any train accident within the requirement for post-accident testing under § 219.201 of this chapter, the

railroad shall append to the Rail Equipment Accident/Incident Report any report required by 49 CFR § 219.209(b)