Orami01/Test3 · Datasets at Hugging Face

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absolute terms, that harassment or intimidation of any person that is calculated to discourage or prevent
such person from receiving proper medical treatment or from reporting such accident, incident, injury or
illness will not be permitted or tolerated and will result in some stated disciplinary action against any
employee, supervisor, manager, or officer of the railroad committing such harassment or intimidation.
(2) The dissemination of the policy statement; complaint procedures. Each railroad shall provide to all
employees, supervisory personnel, and management the policy statement described in paragraph (a)(1).
Each railroad shall have procedures to process complaints from any person about the policy stated in
paragraph (a)(1) being violated, and to impose the appropriate prescribed disciplinary actions on each
employee, supervisor, manager, or officer of the railroad found to have violated the policy. These
procedures shall be disclosed to railroad employees, supervisors, managers, and officers. The railroad shall
provide ``whistle blower'' protection to any person subject to this policy, and such policy shall be disclosed
to all railroad employees, supervisors and management.
(3) Copies of internal forms and/or a description of the internal computer reporting system used for the
collection and internal recording of accident and incident information.
(4) A description of the internal procedures used by the railroad for the processing of forms and/or
computerized data regarding accident and incident information.
(5) A description of the internal review procedures applicable to accident and incident information
collected, and reports prepared by, the railroad's safety, claims, medical and/or other departments engaged
in collecting and reporting accident and incident information.
(6) A description of the internal procedures used for collecting cost data and compiling costs with respect to
accident and incident information.
(7) A description of applicable internal procedures for ensuring adequate communication between the
railroad department responsible for submitting accident and incident reports to FRA and any other
department within the railroad responsible for collecting, receiving, processing and reporting accidents and
incidents.
24
(8) A statement of applicable procedures providing for the updating of accident and incident information
prior to reporting to FRA and a statement of applicable procedures providing for the amendment of
accident and incident information as specified in the “FRA Guide for Preparing Accidents/Incidents
Reports.”
(9) A statement that specifies the name and title of the railroad officer responsible for auditing the
performance of the reporting function; a statement of the frequency (not less than once per calendar year)
with which audits are conducted; and identification of the site where the most recent audit report may be
found for inspection and photocopying.
(10)(i) A brief description of the railroad organization, including identification of:
(A) All components that regularly come into possession of information pertinent to the preparation
of reports under this part (e.g., medical, claims, and legal departments; operating, mechanical, and
track and structures departments; payroll, accounting, and personnel departments);
(B) The title of each railroad reporting officer;
(C) The title of each manager of such components, by component; and
(D) All officers to whom managers of such components are responsible, by component.
(ii) A current organization chart satisfies paragraphs (a)(10)(i) (B), (C), and (D) of this section.
(11) In the case of the Form FRA F 6180.107 or the alternate railroad-designed form, a statement that
specifies the name(s), title(s), and address(es) of the custodian(s) of these records, all supporting
documentation, such as medical records, and where the documents are located.
(b) [Reserved]
§ 225.35 Access to records and reports.
(a) Each railroad subject to this part shall have at least one location, and shall identify each location, where any
representative of the Federal Railroad Administration or of a State agency participating in investigative and
surveillance activities under part 212 of this chapter or any other authorized representative, has centralized access to
a copy of any record and report required under this part, for examination and photocopying in a reasonable manner
during normal business hours.
(b) Each railroad subject to this part shall also provide to any representative of the Federal Railroad Administration
or of a State agency participating in investigative or and surveillance activities under part 212 of this chapter or any
other authorized representative access to relevant medical and claims records for examination and photocopying in
a reasonable manner during normal business hours. Such representatives shall display proper credentials when
requested. Each railroad shall identify the locations where a copy of any record and report required under this part
is accessible for inspection and photocopying by maintaining a list of such establishment locations at the office
where the railroad's reporting officer conducts his or her official business. A copy of any record and report required
under this part shall be accessible within four business hours after the request. The Form FRA F 6180.107 or the
alternate railroad-designed form need not be provided at any railroad establishment within 4 hours of a request.
Rather, the Form FRA F 6180.107 or the alternate railroad-designed form must be provided upon request, within
five business days, and may be kept at a central location, in either paper or electronic format. FRA will not assess a
monetary penalty against the railroad for its failure to provide the requested documentation when circumstances
outside the railroad's control preclude it from fulfilling the four-business-hour time limit and the railroad has made
a reasonable effort to correct the problem. Should a railroad assert a legal privilege with respect to certain claims
and medical records, failure to provide FRA access to such records would not constitute a violation of this section.
FRA retains the right to issue a subpoena to obtain such records under 49 U.S.C. § § 20107 and 20902 and § §
209.7(a) and 225.31(b) of this title, and the railroad may contest that subpoena.
§ 225.37 Optical media transfer and electronic submission.
(a) A railroad has the option of submitting the following reports, updates, and amendments by way of optical media
(CD-ROM), or by means of electronic submission via the Internet:
(1) The Rail Equipment Accident/Incident Report (Form FRA F 6180.54);
(2) The Railroad Injury and Illness Summary (Form FRA F 6180.55);
25
(3) The Railroad Injury and Illness Summary (Continuation Sheet) (Form FRA F 6180.55a);
(4) The Highway-Rail Grade Crossing Accident/Incident Report (Form FRA F 6180.57); and
(5) The Employee Human Factor Attachment (Form FRA F 6180.81) (the Employee Human Factor
Attachment must be in .pdf or .jpg format only).
(b) Each railroad utilizing the optical media option shall submit to FRA a computer CD-ROM containing the
following:
(1) An electronic image of the completed and signed hard copy of the Railroad Injury and Illness Summary
(Form FRA F 6180.55) in .pdf or .jpg format only; and
(2) The completed accident/incident report submissions.
(c)
(1) Each railroad utilizing the electronic submission via the Internet option shall submit to FRA at
[email protected]:
(i) An electronic image of the completed and signed hard copy of the Railroad Injury and Illness
Summary (Form FRA F 6180.55) in .pdf or .jpg format only; and
(ii) The completed accident/incident report submissions.
(2) FRA will provide to the railroad an electronic notice acknowledging receipt of submissions filed
electronically via the Internet.
(d) Each railroad employing either the optical media or electronic submission via the Internet option, shall submit
its monthly reporting data for the reports identified in paragraph (a) of this section in a year-to-date file format as
described in the FRA Guide.
(e) A railroad choosing to use optical media or electronic submission via the internet must use one of the approved
formats specified in the Companion Guide. FRA will reject submissions that do not adhere to the required formats,
which may result in the issuance of one or more civil penalty assessments against a railroad for failing to provide
timely submissions of required reports as required by § 225.11.
§ 225.39 FRA policy on covered data.

absolute terms, that harassment or intimidation of any person that is calculated to discourage or prevent

such person from receiving proper medical treatment or from reporting such accident, incident, injury or

illness will not be permitted or tolerated and will result in some stated disciplinary action against any

employee, supervisor, manager, or officer of the railroad committing such harassment or intimidation.

(2) The dissemination of the policy statement; complaint procedures. Each railroad shall provide to all

employees, supervisory personnel, and management the policy statement described in paragraph (a)(1).

Each railroad shall have procedures to process complaints from any person about the policy stated in

paragraph (a)(1) being violated, and to impose the appropriate prescribed disciplinary actions on each

employee, supervisor, manager, or officer of the railroad found to have violated the policy. These

procedures shall be disclosed to railroad employees, supervisors, managers, and officers. The railroad shall

provide ``whistle blower'' protection to any person subject to this policy, and such policy shall be disclosed

to all railroad employees, supervisors and management.

(3) Copies of internal forms and/or a description of the internal computer reporting system used for the

collection and internal recording of accident and incident information.

(4) A description of the internal procedures used by the railroad for the processing of forms and/or

computerized data regarding accident and incident information.

(5) A description of the internal review procedures applicable to accident and incident information

collected, and reports prepared by, the railroad's safety, claims, medical and/or other departments engaged

in collecting and reporting accident and incident information.

(6) A description of the internal procedures used for collecting cost data and compiling costs with respect to

accident and incident information.

(7) A description of applicable internal procedures for ensuring adequate communication between the

railroad department responsible for submitting accident and incident reports to FRA and any other

department within the railroad responsible for collecting, receiving, processing and reporting accidents and

incidents.

24

(8) A statement of applicable procedures providing for the updating of accident and incident information

prior to reporting to FRA and a statement of applicable procedures providing for the amendment of

accident and incident information as specified in the “FRA Guide for Preparing Accidents/Incidents

Reports.”

(9) A statement that specifies the name and title of the railroad officer responsible for auditing the

performance of the reporting function; a statement of the frequency (not less than once per calendar year)

with which audits are conducted; and identification of the site where the most recent audit report may be

found for inspection and photocopying.

(10)(i) A brief description of the railroad organization, including identification of:

(A) All components that regularly come into possession of information pertinent to the preparation

of reports under this part (e.g., medical, claims, and legal departments; operating, mechanical, and

track and structures departments; payroll, accounting, and personnel departments);

(B) The title of each railroad reporting officer;

(C) The title of each manager of such components, by component; and

(D) All officers to whom managers of such components are responsible, by component.

(ii) A current organization chart satisfies paragraphs (a)(10)(i) (B), (C), and (D) of this section.

(11) In the case of the Form FRA F 6180.107 or the alternate railroad-designed form, a statement that

specifies the name(s), title(s), and address(es) of the custodian(s) of these records, all supporting

documentation, such as medical records, and where the documents are located.

(b) [Reserved]

§ 225.35 Access to records and reports.

(a) Each railroad subject to this part shall have at least one location, and shall identify each location, where any

representative of the Federal Railroad Administration or of a State agency participating in investigative and

surveillance activities under part 212 of this chapter or any other authorized representative, has centralized access to

a copy of any record and report required under this part, for examination and photocopying in a reasonable manner

during normal business hours.

(b) Each railroad subject to this part shall also provide to any representative of the Federal Railroad Administration

or of a State agency participating in investigative or and surveillance activities under part 212 of this chapter or any

other authorized representative access to relevant medical and claims records for examination and photocopying in

a reasonable manner during normal business hours. Such representatives shall display proper credentials when

requested. Each railroad shall identify the locations where a copy of any record and report required under this part

is accessible for inspection and photocopying by maintaining a list of such establishment locations at the office

where the railroad's reporting officer conducts his or her official business. A copy of any record and report required

under this part shall be accessible within four business hours after the request. The Form FRA F 6180.107 or the

alternate railroad-designed form need not be provided at any railroad establishment within 4 hours of a request.

Rather, the Form FRA F 6180.107 or the alternate railroad-designed form must be provided upon request, within

five business days, and may be kept at a central location, in either paper or electronic format. FRA will not assess a

monetary penalty against the railroad for its failure to provide the requested documentation when circumstances

outside the railroad's control preclude it from fulfilling the four-business-hour time limit and the railroad has made

a reasonable effort to correct the problem. Should a railroad assert a legal privilege with respect to certain claims

and medical records, failure to provide FRA access to such records would not constitute a violation of this section.

FRA retains the right to issue a subpoena to obtain such records under 49 U.S.C. § § 20107 and 20902 and § §

209.7(a) and 225.31(b) of this title, and the railroad may contest that subpoena.

§ 225.37 Optical media transfer and electronic submission.

(a) A railroad has the option of submitting the following reports, updates, and amendments by way of optical media

(CD-ROM), or by means of electronic submission via the Internet:

(1) The Rail Equipment Accident/Incident Report (Form FRA F 6180.54);

(2) The Railroad Injury and Illness Summary (Form FRA F 6180.55);

25

(3) The Railroad Injury and Illness Summary (Continuation Sheet) (Form FRA F 6180.55a);

(4) The Highway-Rail Grade Crossing Accident/Incident Report (Form FRA F 6180.57); and

(5) The Employee Human Factor Attachment (Form FRA F 6180.81) (the Employee Human Factor

Attachment must be in .pdf or .jpg format only).

(b) Each railroad utilizing the optical media option shall submit to FRA a computer CD-ROM containing the

following:

(1) An electronic image of the completed and signed hard copy of the Railroad Injury and Illness Summary

(Form FRA F 6180.55) in .pdf or .jpg format only; and

(2) The completed accident/incident report submissions.

(c)

(1) Each railroad utilizing the electronic submission via the Internet option shall submit to FRA at

[email protected]:

(i) An electronic image of the completed and signed hard copy of the Railroad Injury and Illness

Summary (Form FRA F 6180.55) in .pdf or .jpg format only; and

(ii) The completed accident/incident report submissions.

(2) FRA will provide to the railroad an electronic notice acknowledging receipt of submissions filed

electronically via the Internet.

(d) Each railroad employing either the optical media or electronic submission via the Internet option, shall submit

its monthly reporting data for the reports identified in paragraph (a) of this section in a year-to-date file format as

described in the FRA Guide.

(e) A railroad choosing to use optical media or electronic submission via the internet must use one of the approved

formats specified in the Companion Guide. FRA will reject submissions that do not adhere to the required formats,

which may result in the issuance of one or more civil penalty assessments against a railroad for failing to provide

timely submissions of required reports as required by § 225.11.

§ 225.39 FRA policy on covered data.