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omission, or physical condition of a specific employee was a primary or contributing cause of the rail equipment |
accident/incident, the railroad shall complete part I of Form FRA F 6180.78 to notify each such employee identified |
that the railroad has made such allegation and that the employee has the right to submit a statement to FRA. The |
railroad shall then submit the entire form, parts I and II, to the employee. The Employee Statement Supplementing |
Railroad Accident Report (Employee Supplement) is completely at the option of the employee; however, if the |
employee desires to make a statement about the accident that will become part of the railroad's Rail Equipment |
Accident/Incident Report, the employee shall complete the Employee Supplement form (part II of Form FRA F |
6180.78) and shall then submit the original of the entire form, parts I and II, and any attachments, to FRA and |
submit a copy of the same to the railroad that issued the Notice in part I. |
(h) Form FRA F 6180.98--Railroad Employee Injury and/or Illness Record. Form FRA F 6180.98 or an alternative |
railroad-designed record shall be used by the railroads to record all reportable and accountable injuries and illnesses |
to railroad employees for each establishment. This record shall be completed and maintained in accordance with the |
requirements set forth in § 225.25. |
(i) Form FRA F 6180.97--Initial Rail Equipment Accident/Incident Record. Form FRA F 6180.97 or an alternative |
railroad-designed record shall be used by the railroads to record all reportable and accountable rail equipment |
accidents/incidents for each establishment. This record shall be completed and maintained in accordance with the |
requirements set forth in § 225.25. |
(j) Form FRA 6180.107--Alternative Record for Illnesses Claimed To Be Work-Related. Form FRA F 6180.107 or |
an alternative railroad-designed record may be used by a railroad in lieu of Form FRA F 6180.98, “Railroad |
Employee Injury and/or Illness Record” (described in paragraph (h) of this section), to record each illness claimed |
by an employee to be work-related that is reported to the railroad for which there is insufficient information for the |
railroad to determine whether the illness is work-related. This record shall be completed and retained in accordance |
with the requirements set forth in § 225.25 and § 225.27. |
(k) Form FRA F 6180.150 – Highway User Injury Inquiry Form – Form FRA F 6180.150 shall be sent to every |
potentially injured highway user, or their representative, involved in a highway-rail grade crossing |
accident/incident. If a highway user died as a result of the highway-rail grade crossing accident/incident, a railroad |
must not send this form to any person. The railroad shall hand deliver or send by first class mail the letter within a |
16 |
reasonable time period following the date of the highway-rail grade crossing accident/incident. The form shall be |
sent along with a cover letter and a prepaid preaddressed return envelope. The form and cover letter shall be |
completed in accordance with instructions contained in the current “FRA Guide for Preparing Accident/Incident |
Reports.” Any response from a highway user is voluntary and not mandatory. A railroad shall use any response |
from a highway user to comply with part 225’s accident/incident reporting and recording requirements. |
§ 225.23 Joint operations. |
(a) Any reportable death, injury, or illness of an employee arising from an accident/incident involving joint |
operations must be reported on Form FRA F 6180.55a by the employing railroad. |
(b) In all cases involving joint operations, each railroad must report on Form FRA F 6180.55a the casualties to all |
persons on its train or other on-track equipment. Casualties to railroad employees must be reported by the |
employing railroad regardless of whether the employees were on or off duty. Casualties to all other persons not on |
trains or on-track equipment must be reported on Form FRA F 6180.55a by the railroad whose train or equipment is |
involved. Any person found unconscious or dead, if such condition arose from the operation of a railroad, on or |
adjacent to the premises or right-of-way of the railroad having track maintenance responsibility must be reported by |
that railroad on Form FRA F 6180.55a. |
(c) In rail equipment accident/incident cases involving joint operations, the railroad responsible for carrying out |
repairs to, and maintenance of, the track on which the accident/incident occurred, and any other railroad directly |
involved in the accident/incident, each must report the accident/incident on Form FRA F 6180.54. |
§ 225.25 Recordkeeping. |
(a) Each railroad shall maintain either the Railroad Employee Injury and/or Illness Record (Form FRA F 6180.98) |
or an alternative railroad-designed record as described in paragraph (b) of this section of all reportable and |
accountable injuries and illnesses of its employees for each railroad establishment where such employees report to |
work, including, but not limited to, an operating division, general office, and major installation such as a |
locomotive or car repair or construction facility. |
(b) The alternative railroad-designed record may be used in lieu of the Railroad Employee Injury and/or Illness |
Record (Form FRA F 6180.98) described in paragraph (a) of this section. Any such alternative record shall contain |
all of the information required on the Railroad Employee Injury and/or Illness Record. Although this information |
may be displayed in a different order from that on the Railroad Employee Injury and/or Illness Record, the order of |
the information shall be consistent from one such record to another such record. The order chosen by the railroad |
shall be consistent for each of the railroad's reporting establishments. Railroads may list additional information on |
the alternative record beyond the information required on the Railroad Employee Injury and/or Illness Record. The |
alternative record shall contain, at a minimum, the following information: |
(1) Name of railroad; |
(2) Case/incident number; |
(3) Full name of railroad employee; |
(4) Date of birth of railroad employee; |
(5) Gender of railroad employee; |
(6) Employee identification number; |
(7) Date the railroad employee was hired; |
(8) Home address of railroad employee; include the street address, city, State, ZIP code, and home |
telephone number with area code; |
(9) Name of facility where railroad employee normally reports to work; |
(10) Address of facility where railroad employee normally reports to work; include the street address, city, |
State, and ZIP code; |
(11) Job title of railroad employee; |
(12) Department assigned; |
17 |
(13) Specific site where accident/incident/exposure occurred; include the city, county, State, and ZIP code; |
(14) Date and time of occurrence; military time or AM/PM; |
(15) Time employee's shift began; military time or AM/PM; |
(16) Whether employee was on premises when injury, illness, or condition occurred; |
(17) Whether employee was on or off duty; |
(18) Date and time when employee notified company personnel of condition; military time or AM/PM; |
(19) Name and title of railroad official notified; |
(20) Description of the general activity this employee was engaged in prior to the injury/illness/condition; |
(21) Description of all factors associated with the case that are pertinent to an understanding of how it |
occurred. Include a discussion of the sequence of events leading up to it; and the tools, machinery, |
processes, material, environmental conditions, etc., involved; |
(22) Description, in detail, of the injury/illness/condition that the employee sustained, including the body |
parts affected. If a recurrence, list the date of the last occurrence; |
(23) Identification of all persons and organizations used to evaluate or treat the condition, or both. Include |
the facility, provider and complete address; |
(24) Description of all procedures, medications, therapy, etc., used or recommended for the treatment of the |
condition. |
(25) Extent and outcome of injury or illness to show the following as applicable: |
(i) Fatality--enter date of death; |
(ii) Restricted work; number of days; beginning date; |
(iii) Occupational illness; date of initial diagnosis; |
(iv) Instructions to obtain prescription medication, or receipt of prescription medication; |
(v) If one or more days away from work, provide the number of days away and the beginning date; |
(vi) Medical treatment beyond ``first aid''; |
(vii) Hospitalization for treatment as an inpatient; |
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