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including late reports, or records created for an accident/incident that occurred prior to June 1, |
2011, are subject to the standards (and required to use the forms) that were in effect prior to the |
Miscellaneous Amendment to the FRA’s Accident/Incident Reporting Requirements; Final Rule, |
which became effective June 1, 2011. 75 FR 68862, November 9, 2010. When amending or |
correcting a report/record after June 1, 2011, for an accident/incident that occurred prior to |
June 1, 2011, a railroad should simply amend or correct the report/record that was originally |
created for the accident/incident. |
1.2.5 Recordkeeping |
Form FRA F 6180.98 or the Alternative Railroad-Designed Record of Each Accountable and |
Each Employee-Reportable Injury/Illness. Railroads must maintain a record (Form FRA |
F 6180.98 or the alternative railroad-designed record) of each accountable and each employeereportable injury/illness. See §§ 225.25(a) and (b). Each railroad shall enter each reportable and |
accountable injury/illness on the appropriate record as early as practicable, but no later than 7 |
working days after receiving information or acquiring knowledge that an employee injury or |
illness has occurred. See § 225.25(f). |
FRA Guide for Preparing Accident/Incident Reports |
10 |
Accident/Incident Recordkeeping and Reporting Requirements |
Note that for certain claimed occupational illness cases only, railroads may maintain an alternate |
record (Form FRA F 6180.107 or the alternative railroad-designed record). See §§ 225.25(i) and |
(j). |
Make Available to Employees Copies of Forms or Records of Employee Injury or Illness. |
Railroads must make available to an employee, upon request, a copy of the completed Railroad |
Employee Injury and/or Illness Record (Form FRA F 6180.98) or the alternative railroaddesigned record, as well as a copy of forms or reports required to be maintained or filed under |
Part 225 pertaining to the employee’s own work-related injury or illness. See § 225.25(c). |
Form FRA F 6180.97 or the Alternative Railroad-Designed Record of Each On-Track |
Accident/Incident. Railroads must maintain a record (Form FRA F 6180.97 or the alternative |
railroad designed record) of each accountable and each reportable on-track accident/incident. |
See §§ 225.25(d) and (e). The railroad shall enter each reportable and accountable rail |
equipment accident/incident on the appropriate record as early as practicable, but no later than |
7 working days after receiving information or acquiring knowledge that a rail equipment |
accident/incident has occurred. See § 225.25(f). |
1.2.6 Access to Records |
Access to Records and Reports. Railroads must provide to FRA access to records and reports |
upon request within specified time limits. See §§ 225.25(g) and 225.35. |
1.2.7 Posting of Injuries and Illnesses |
Post Listing of All Injuries and Occupational Illnesses Reported to FRA. Railroads must post a |
listing of all injuries and occupational illnesses reported to FRA as having occurred to employees |
of an establishment, in a conspicuous location at that establishment, within 30 days after the |
expiration of the month during which the injuries and illnesses occurred. Each monthly posting |
shall remain continuously displayed for the next 12 consecutive months. If there are no |
reportable injuries or occupational illnesses associated with an establishment for that month, the |
posting must make reference to that fact. |
A railroad is permitted to not post information on an injury or illness only if the employee who |
incurred the injury or illness makes a request, in writing, to the railroad’s reporting officer that |
his or her particular injury or illness not be posted, or if an occupational injury or illness is a |
privacy concern case. See § 225.25(h)(15). See also § 225.5 for definition of “privacy concern |
case.” |
1.2.8 Record Retention |
Retain Accident/Incident Records and Duplicates of Reports for Specified Periods of Time. |
Railroads must retain accident/incident records and duplicates of reports for specified periods of |
FRA Guide for Preparing Accident/Incident Reports |
11 |
Accident/Incident Recordkeeping and Reporting Requirements |
time. See §§ 225.27(a)–(c). Electronic recordkeeping systems must conform to FRA’s |
standards. See § 225.27(d). |
1.2.9 Internal Control Plan |
Adopt and Comply with an Internal Control Plan (ICP). Railroads must adopt and comply with |
an ICP. See § 225.33. FRA believes that an ICP, as prescribed by § 225.33, best provides the |
procedures necessary to ensure that complete, reliable, and accurate data is obtained, maintained, |
and disclosed by the railroads. See Appendix I to this Guide for model ICPs. FRA |
investigations have repeatedly found instances in which departments within an individual |
railroad failed to provide to the railroad reporting officer information critical to determining |
reportability, or information necessary for filing an accurate and complete report. |
The ICP is a performance standard that ensures the accuracy of a process and, in this case, the |
process is accident/incident reporting. The ICP dictates the necessity for communication within |
each railroad to ensure that proper reporting will be accomplished. The ICP may vary in size, |
from one that is a few pages for smaller railroads and shortlines to one of considerable size for |
the major carriers. |
The ICP challenges the railroads to develop a total quality management (TQM) system to ensure |
that there are no errors in reporting. “No errors” means that all reportable accidents and |
incidents are reported to FRA and that each report is accurately completed prior to submission to |
FRA; in other words, a “zero tolerance” policy with respect to inaccurate reporting. TQM |
focuses on continuous and incremental improvements of process performance. |
The ICP addresses intimidation and harassment of any person calculated to prevent or discourage |
such person from either receiving proper medical treatment for an injury/illness or from |
reporting an accident, incident, illness, or injury. FRA is aware that many railroad employees |
fail to disclose their injuries to the railroad or fail to accept reportable treatment from a physician |
because they wish to avoid potential harassment from management or possible discipline that is |
sometimes associated with the reporting of such injuries. FRA is also aware that in some |
instances, supervisory personnel and mid-level managers are urged to engage in practices that |
may undermine or circumvent the reporting of injuries and illnesses. Railroads must remain |
proactive in accurate reporting of all reportable accidents, injuries, and illnesses, and must not |
engage in practices that could manipulate reportability of these incidents. In some instances, |
railroads report an injury or illness to FRA only after FRA inspectors make management aware |
that a particular injury or illness was not reported. Many times, FRA inspectors conduct an |
investigation pursuant to a complaint from an employee alleging that his or her injury/illness was |
not properly reported or was not reported at all. Again, the railroad usually reports this |
injury/illness to FRA only after FRA informs management of the situation. Each railroad shall |
adopt and comply with a written ICP that shall be maintained at the office where the railroad’s |
reporting officer conducts his or her official business. Each railroad shall amend its ICP, as |
necessary, to reflect any significant changes to the railroad’s internal reporting procedures. The |
ICP shall be designed to maintain absolute accuracy and shall include, at a minimum, each of the |
11 components set forth in § 225.33(a)(1–11). |
FRA Guide for Preparing Accident/Incident Reports |
12 |
Accident/Incident Recordkeeping and Reporting Requirements |
1.3 Miscellaneous Provisions and Information |
1.3.1 Assistance and Guidance |
In deciding on the reportability of an accident/incident, or otherwise fulfilling the reporting |
obligation, assistance may be obtained by contacting any of the regional offices or FRA |
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