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(pertaining to failure to obtain samples for post-accident toxicological testing). |
(c) For any train or non-train incident, the railroad shall provide any available information concerning the possible |
involvement of alcohol or drug use or impairment in such accident or incident. |
(d) In providing information required by this paragraph, a railroad shall not disclose any information concerning |
use of controlled substances determined by the railroad's Medical Review Officer to have been consistent with 49 |
CFR 219.103. |
§ 225.19 Primary groups of accidents/incidents. |
(a) For reporting purposes reportable railroad accidents/incidents are divided into three groups: |
Group I--Highway-Rail Grade Crossing; |
Group II--Rail Equipment; |
Group III--Death, Injury and Occupational Illness. |
(b) Group I--Highway-rail grade crossing. Each highway-rail grade crossing accident/incident must be reported to |
the FRA on Form FRA F 6180.57, regardless of the extent of damages or whether a casualty occurred. In addition, |
whenever a highway-rail grade crossing accident/incident results in damages greater than the current reporting |
threshold to railroad on-track equipment, signals, track, track structures, or roadbed, that accident/incident shall be |
reported to the FRA on Form FRA F 6180.54. For reporting purposes, damages include labor costs and all other |
costs to repair or replace in kind damaged on-track equipment, signals, track, track structures, or roadbed, but do |
not include the cost of clearing a wreck. |
(c) Group II--Rail equipment. Rail equipment accidents/incidents are collisions, derailments, fires, explosions, acts |
of God, and other events involving the operation of on-track equipment (standing or moving) that result in damages |
higher than the current reporting threshold (i.e., $6,700 for calendar years 2002 through 2005, $7,700 for calendar |
year 2006, $8,200 for calendar year 2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009, $9,200 for |
calendar year 2010 and $9,400 for calendar year 2011) to railroad on-track equipment, signals, tracks, track |
structures, or roadbed, including labor costs and the costs for acquiring new equipment and material. Each rail |
equipment accident/incident must be reported to the FRA on Form FRA F 6180.54. If the property of more than one |
railroad is involved in an accident/incident, the reporting threshold is calculated by including the damages suffered |
by all of the railroads involved. See § 225.23, Joint Operations. The reporting threshold will be reviewed |
periodically, and, if necessary, will be adjusted every year. |
(d) Group III--Death, injury, or occupational illness. Each death, injury, or occupational illness that is a new case |
and meets the general reporting criteria listed in paragraphs (d)(1) through (6) of this section shall be reported to |
FRA on Form FRA F 6180.55a, “Railroad Injury and Illness Summary (Continuation Sheet)” if an event or |
exposure arising from the operation of a railroad is a discernable cause of the resulting condition or a discernable |
cause of a significant aggravation to a pre-existing injury or illness. The event or exposure arising from the |
operation of a railroad need only be one of the discernable causes; it need not be the sole or predominant cause. |
The general injury/illness reporting criteria are as follows: |
(1) Death to any person; |
(2) Injury to any person that results in: |
(i) Medical treatment; |
(ii) Significant injury diagnosed by a physician or other licensed health care professional even if it |
does not result in death, medical treatment or loss of consciousness of any person; or |
14 |
(iii) Loss of consciousness; |
(3) Injury to a railroad employee that results in: |
(i) A day away from work; |
(ii) Restricted work activity or job transfer; or |
(iii) Significant injury diagnosed by a physician or other licensed health care professional even if it |
does not result in death, medical treatment, loss of consciousness, a day away from work, restricted |
work activity or job transfer of a railroad employee; |
(4) Occupational illness of a railroad employee that results in: |
(i) A day away from work; |
(ii) Restricted work activity or job transfer; |
(iii) Loss of consciousness; or |
(iv) Medical treatment; |
(5) Significant illness of a railroad employee diagnosed by a physician or other |
licensed health care professional even if it does not result in death, a day away from work, restricted work |
activity or job transfer, medical treatment, or loss of consciousness; |
(6) Illness or injury that: |
(i) Meets the application of any of the following specific case criteria: |
(A) Needlestick or sharps injury to a railroad employee; |
(B) Medical removal of a railroad employee; |
(C) Occupational hearing loss of a railroad employee; |
(D) Occupational tuberculosis of a railroad employee; |
(E) Musculoskeletal disorder of a railroad employee if this disorder is reportable under one or more |
of the general reporting criteria; or |
(ii) Is a covered data case. |
(e) The reporting threshold is $6,700 for calendar years 2002 through 2005, $7,700 for calendar year 2006, $8,200 |
for calendar year 2007, $8,500 for calendar year 2008, $8,900 for calendar year 2009, $9,200 for calendar year |
2010 and $9,400 for calendar year 2011. The procedure for determining the reporting threshold for calendar years |
2006 and beyond appears as paragraphs 1-8 of appendix B to part 225. |
§ 225.21 Forms. |
The following forms and copies of the FRA Guide for Preparing Accident/Incident Reports 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.” |
(a) Form FRA F 6180.54--Rail Equipment Accident/Incident Report. Form FRA F 6180.54 shall be used to report |
each reportable rail equipment accident/incident which occurred during the preceding month. |
(b) Form FRA F 6180.55--Railroad Injury and Illness Summary. Form FRA F 6180.55 must be filed each month, |
even though no reportable accident/incident occurred during the month covered. Each report must include an oath |
or verification, made by the proper officer of the reporting railroad, as provided for attestation on the form. If no |
reportable accident/incident occurred during the month, that fact must be stated on this form. All railroads subject |
15 |
to this part, shall show on this form the total number of freight train miles, passenger train miles, yard switching |
train miles, and other train miles run during the month. |
(c) Form FRA 6180.55a--Railroad Injury and Illness (Continuation Sheet). Form FRA 6180.55a shall be used to |
report all reportable fatalities, injuries and occupational illnesses that occurred during the preceding month. |
(d) Form FRA 6180.56--Annual Railroad Report of Employee Hours and Casualties, by State. Form FRA 6180.56 |
shall be submitted as part of the monthly Railroad Injury and Illness Summary (Form FRA F 6180.55) for the |
month of December of each year. |
(e) Form FRA F 6180.57--Highway-Rail Grade Crossing Accident/Incident Report. Form FRA F 6180.57 shall be |
used to report each highway-rail grade crossing accident/incident which occurred during the preceding month. |
(f) Form FRA F 6180.81--Employee Human Factor Attachment. Form FRA F 6180.81 shall be used by railroads, as |
a supplement to the Rail Equipment Accident/Incident Report (Form FRA F 6180.54), in reporting rail equipment |
accidents/incidents that they attribute to an employee human factor. This form shall be completed in accordance |
with instructions printed on the form and in the current ``FRA Guide for Preparing Accident/Incident Reports.'' The |
form shall be attached to the Rail Equipment Accident/Incident Report and shall be submitted within 30 days after |
expiration of the month in which the accident/incident occurred. |
(g) 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. When a railroad |
alleges, in the Employee Human Factor Attachment to a Rail Equipment Accident/Incident Report, that the act, |
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