Orami01/Test3 · Datasets at Hugging Face

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that the OSH Act shall not apply to working conditions to which another Federal agency
exercises statutory authority to prescribe or enforce standards or regulations affecting
occupational safety or health. The OSH Act also requires that the Secretary of Labor issue rules
to develop and maintain an effective program of collection, compilation, and analysis of
occupational safety and health statistics. This data is compiled in a national database by the
Department of Labor (DOL) and used to chart the magnitude and nature of occupational injury
and illness problems across the country.
Because FRA exercises statutory authority to prescribe and enforce standards and regulations for
all areas of railroad safety under the Federal Railroad Safety Act of 1970, the Occupational
Safety and Health Administration’s (OSHA) jurisdiction may be preempted by FRA under
section 4(b)(1) of the OSH Act with regard to certain matters related to railroad safety. See
Policy Statement asserting FRA jurisdiction over matters involving the safety of railroad
operations, 43 FR 10584 (March 14, 1978). With respect to employee injury and illness
recordkeeping, however, the Occupational Safety and Health Review Commission (OSHRC)
ruled that employee injury and illness recordkeeping does not come within the purview of
section 4(b)(1) of the OSH Act and, therefore, OSHA’s jurisdiction has not been displaced by
FRA’s recordkeeping regulations. Secretary of Labor v. Conrail (OSHRC Docket No. 80-3495,
1982). Consequently, a railroad over which FRA exercises jurisdiction must comply with the
employee injury and illness recordkeeping requirements promulgated by both FRA and OSHA.
Nevertheless, because FRA’s employee injury and illness recordkeeping/reporting requirements
employ equivalent standards to those promulgated by OSHA, OSHA does not require railroad
FRA Guide for Preparing Accident/Incident Reports
2
Executive Summary
carriers to maintain OSHA records in addition to FRA records. Rather, railroad carriers are only
required to record and report employee injuries and illnesses to FRA in accordance with FRA’s
regulations. See 29 CFR § 1904.3.
Consequently, FRA’s accident/incident reporting regulations that concern railroad occupational
casualties should be maintained, to the extent practicable, in general conformity with OSHA’s
recordkeeping and reporting regulations to permit comparability of data on occupational
casualties between various industries, to allow integration of railroad industry data into national
statistical databases, and to improve the quality of data available for analysis of casualties in
railroad accidents/incidents. FRA makes all employee injury and illness data available to OSHA
for use in its complementary program of regulation and provides the data to the Bureau of Labor
Statistics each year.
In order to have a database that allows accurate comparison between industries, the rules that
FRA uses must be modified whenever OSHA makes significant changes that affect the number
and types of work-related deaths, injuries, and illnesses for which records are to be maintained,
and the manner in which these are to be classified. Such a change occurred for the first time
(since OSHA’s original reporting requirements were implemented in 1971) on January 1, 2002,
when revised OSHA recordkeeping requirements became effective. In response, FRA amended
its own accident/incident reporting rules, effective May 1, 2003, to conform with OSHA’s
amended rules in addition to making other miscellaneous amendments.
FRA now finds it necessary to make appropriate changes to its regulations in response to issues
identified by FRA in its administration of the current accident/incident recordkeeping and
reporting program. Specifically, FRA is amending its accident/incident reporting regulations in
order to:
• Better conform certain of the regulations’ definitions to those set forth in 49 U.S.C.
20102, as amended.
• Require the reporting and recording of certain suicide data.
• Require the reporting of longitude and latitude for trespasser casualties and reportable rail
equipment accidents.
• Include a comprehensive list of accident/incident reporting exceptions.
• Allow for consolidated accident/incident reporting by integrated railroad systems.
• Add necessary definitions.
• Set system standards for the electronic retention of accident/incident reporting records by
railroads.
• Clarify ambiguous definitions and regulations.
• Update regulatory text, as applicable.
• Enhance the quality of information available for railroad casualty analysis.
FRA Guide for Preparing Accident/Incident Reports
3
Executive Summary
• Limit which highway-rail grade crossing fatalities must be telephonically reported to the
National Response Center (NRC).
• Amend the Telephonic Reporting Chart to conform to the regulatory text.
• Clarify and refine the requirements and criteria for using and retaining Form FRA
F6180.107, “Alternative Record for Illnesses Claimed to be Work-Related,” and the
alternative railroad-designed record.
• Eliminate the oath and notarization requirements on Form FRA F6180.55, “Railroad
Injury and Illness Summary.”
• Allow for the electronic submission of Form FRA F 6180.55, “Railroad Injury and Illness
Summary.” Allow for submission of Form FRA F 6180.55 and Form FRA F 6180.81 in
.pdf or .jpg format.
• Set forth record retention requirements for certain accident/incident recordkeeping and
reporting records not previously addressed.
• Set forth requirements for electronic accident/incident recordkeeping systems.
• Update FRA’s address information.
• Require railroads to try to obtain documentation regarding: cause of death for trespassers
and, in particular, suicides.
• Require railroads to obtain information about the nature and severity of highway-rail
grade crossing casualties by contacting highway users in writing using the Form FRA F
6180.150, “Highway User Injury Inquiry Form,” and, if unsuccessful, by phone.
• Set forth the requirements for the Form FRA F 6180.150 and the accompanying cover
letter (See sample cover letter contained in Appendix N).
In addition to amending its regulations, FRA is revising the FRA Guide for Preparing
Accident/Incident Reports (FRA Guide), certain accident/incident recordkeeping and reporting
forms, and its companion guide: Guidelines for Submitting Accident/Incident Reports by
Alternative Methods (Companion Guide).
Please refer to http://safetydata.fra.dot.gov/OfficeofSafety and click on “Click Here for Changes
in Accident/Incident Recordkeeping and Reporting” for updated information regarding changes.
FRA Guide for Preparing Accident/Incident Reports
4
Accident/Incident Recordkeeping and Reporting Requirements
1. Overview of Railroad Accident/Incident Recordkeeping and Reporting
Requirements and Miscellaneous Provisions and Information
1.1 General
This chapter provides an overview of FRA’s accident/incident recordkeeping and reporting
requirements.
1.1.1 Purpose of the FRA Guide for Preparing Accident/Incident Reports

that the OSH Act shall not apply to working conditions to which another Federal agency

exercises statutory authority to prescribe or enforce standards or regulations affecting

occupational safety or health. The OSH Act also requires that the Secretary of Labor issue rules

to develop and maintain an effective program of collection, compilation, and analysis of

occupational safety and health statistics. This data is compiled in a national database by the

Department of Labor (DOL) and used to chart the magnitude and nature of occupational injury

and illness problems across the country.

Because FRA exercises statutory authority to prescribe and enforce standards and regulations for

all areas of railroad safety under the Federal Railroad Safety Act of 1970, the Occupational

Safety and Health Administration’s (OSHA) jurisdiction may be preempted by FRA under

section 4(b)(1) of the OSH Act with regard to certain matters related to railroad safety. See

Policy Statement asserting FRA jurisdiction over matters involving the safety of railroad

operations, 43 FR 10584 (March 14, 1978). With respect to employee injury and illness

recordkeeping, however, the Occupational Safety and Health Review Commission (OSHRC)

ruled that employee injury and illness recordkeeping does not come within the purview of

section 4(b)(1) of the OSH Act and, therefore, OSHA’s jurisdiction has not been displaced by

FRA’s recordkeeping regulations. Secretary of Labor v. Conrail (OSHRC Docket No. 80-3495,

1982). Consequently, a railroad over which FRA exercises jurisdiction must comply with the

employee injury and illness recordkeeping requirements promulgated by both FRA and OSHA.

Nevertheless, because FRA’s employee injury and illness recordkeeping/reporting requirements

employ equivalent standards to those promulgated by OSHA, OSHA does not require railroad

FRA Guide for Preparing Accident/Incident Reports

2

Executive Summary

carriers to maintain OSHA records in addition to FRA records. Rather, railroad carriers are only

required to record and report employee injuries and illnesses to FRA in accordance with FRA’s

regulations. See 29 CFR § 1904.3.

Consequently, FRA’s accident/incident reporting regulations that concern railroad occupational

casualties should be maintained, to the extent practicable, in general conformity with OSHA’s

recordkeeping and reporting regulations to permit comparability of data on occupational

casualties between various industries, to allow integration of railroad industry data into national

statistical databases, and to improve the quality of data available for analysis of casualties in

railroad accidents/incidents. FRA makes all employee injury and illness data available to OSHA

for use in its complementary program of regulation and provides the data to the Bureau of Labor

Statistics each year.

In order to have a database that allows accurate comparison between industries, the rules that

FRA uses must be modified whenever OSHA makes significant changes that affect the number

and types of work-related deaths, injuries, and illnesses for which records are to be maintained,

and the manner in which these are to be classified. Such a change occurred for the first time

(since OSHA’s original reporting requirements were implemented in 1971) on January 1, 2002,

when revised OSHA recordkeeping requirements became effective. In response, FRA amended

its own accident/incident reporting rules, effective May 1, 2003, to conform with OSHA’s

amended rules in addition to making other miscellaneous amendments.

FRA now finds it necessary to make appropriate changes to its regulations in response to issues

identified by FRA in its administration of the current accident/incident recordkeeping and

reporting program. Specifically, FRA is amending its accident/incident reporting regulations in

order to:

• Better conform certain of the regulations’ definitions to those set forth in 49 U.S.C.

20102, as amended.

• Require the reporting and recording of certain suicide data.

• Require the reporting of longitude and latitude for trespasser casualties and reportable rail

equipment accidents.

• Include a comprehensive list of accident/incident reporting exceptions.

• Allow for consolidated accident/incident reporting by integrated railroad systems.

• Add necessary definitions.

• Set system standards for the electronic retention of accident/incident reporting records by

railroads.

• Clarify ambiguous definitions and regulations.

• Update regulatory text, as applicable.

• Enhance the quality of information available for railroad casualty analysis.

FRA Guide for Preparing Accident/Incident Reports

3

Executive Summary

• Limit which highway-rail grade crossing fatalities must be telephonically reported to the

National Response Center (NRC).

• Amend the Telephonic Reporting Chart to conform to the regulatory text.

• Clarify and refine the requirements and criteria for using and retaining Form FRA

F6180.107, “Alternative Record for Illnesses Claimed to be Work-Related,” and the

alternative railroad-designed record.

• Eliminate the oath and notarization requirements on Form FRA F6180.55, “Railroad

Injury and Illness Summary.”

• Allow for the electronic submission of Form FRA F 6180.55, “Railroad Injury and Illness

Summary.” Allow for submission of Form FRA F 6180.55 and Form FRA F 6180.81 in

.pdf or .jpg format.

• Set forth record retention requirements for certain accident/incident recordkeeping and

reporting records not previously addressed.

• Set forth requirements for electronic accident/incident recordkeeping systems.

• Update FRA’s address information.

• Require railroads to try to obtain documentation regarding: cause of death for trespassers

and, in particular, suicides.

• Require railroads to obtain information about the nature and severity of highway-rail

grade crossing casualties by contacting highway users in writing using the Form FRA F

6180.150, “Highway User Injury Inquiry Form,” and, if unsuccessful, by phone.

• Set forth the requirements for the Form FRA F 6180.150 and the accompanying cover

letter (See sample cover letter contained in Appendix N).

In addition to amending its regulations, FRA is revising the FRA Guide for Preparing

Accident/Incident Reports (FRA Guide), certain accident/incident recordkeeping and reporting

forms, and its companion guide: Guidelines for Submitting Accident/Incident Reports by

Alternative Methods (Companion Guide).

Please refer to http://safetydata.fra.dot.gov/OfficeofSafety and click on “Click Here for Changes

in Accident/Incident Recordkeeping and Reporting” for updated information regarding changes.

FRA Guide for Preparing Accident/Incident Reports

4

Accident/Incident Recordkeeping and Reporting Requirements

1. Overview of Railroad Accident/Incident Recordkeeping and Reporting

Requirements and Miscellaneous Provisions and Information

1.1 General

This chapter provides an overview of FRA’s accident/incident recordkeeping and reporting

requirements.

1.1.1 Purpose of the FRA Guide for Preparing Accident/Incident Reports