Orami01/Test3 · Datasets at Hugging Face

text stringlengths 0 1.03k
Headquarters as listed in Appendix G.
1.3.2 Copies of the Regulations
Copies of Federal regulations may be obtained by contacting the Superintendent of Documents,
Government Printing Office, Washington, DC 20402-9328 (telephone: 202-512-1803;
http://www.gpo.gov).
1.3.3 Reporting Decisions
Ordinarily, the reporting officer will decide whether an accident/incident is reportable. This
decision cannot be an arbitrary one, but must be based on a thorough review of all evidence, as
opposed to speculation, related to the accident/incident in question and must be in accordance
with the requirements of the accident reports statute (49 U.S.C. §§ 20901–20903), Part 225, and
the guidelines provided in this Guide. If you are certain that a particular situation is outside the
scope of the reporting requirements, then the basis on which this determination was made must
be thoroughly documented before the case may be omitted from the monthly submission.
Neither the fact that there were no witnesses to an accident/incident nor the refusal of the railroad
to accept responsibility for an event is grounds for failing to report. A report must be made
whenever there is credible information that a reportable situation may have occurred. Later, if it
is determined that the event was not reportable, a request to delete it from FRA’s files is to be
made. If there is any uncertainty as to whether to report an accident/incident, it is recommended
that a report be made. Later, as additional information is developed, or following consultation
with FRA Office of Safety Assurance and Compliance personnel, a request may be made to
delete the incident from the file. See § 225.17.
Note that FRA cannot delegate authority to decide matters of judgment when facts are in dispute.
In such cases, FRA will make the final decision as to reportability. In arriving at this decision,
FRA will review all investigatory material associated with the case, including, but not limited to,
the following: the initial report filed by the affected person, witness statements, transcripts of
hearings, medical records, time and attendance records, and the purpose of payouts made in
connection with the accident/incident. Based upon its review, FRA will determine whether the
injury or illness is accountable or reportable.
1.3.4 Claimed But Not Admitted Submissions
When facts affecting the reportability of a case are in dispute, a report may be filed with FRA as
“Claimed But Not Admitted.” An accident/incident reported under this provision is given
FRA Guide for Preparing Accident/Incident Reports
13
Accident/Incident Recordkeeping and Reporting Requirements
special examination by FRA, but must still be recorded on the appropriate form and be included
as part of the report package for that month. A copy of all evidence relating to the event and a
letter summarizing the reasons why it should be excluded from the file must be provided. FRA
will examine all documentation. If the facts are sufficient to support the railroad’s position, the
case will not be charged against the railroad; otherwise, it will be added to the file. In either
case, FRA will advise the railroad of the agency’s determination. It is suggested that prior to
making such a filing that FRA be contacted by telephone (FRA telephone numbers are listed in
Appendix G) to discuss the overall merits of the case.
1.3.5 Penalties
Any person (including a railroad and any manager, supervisor, official, or other employee or
agent of a railroad) who violates any requirement of Part 225 or causes the violation of any such
requirement is subject to a civil penalty. The person may also be subject to criminal penalties.
FRA may issue these civil penalties pursuant to 49 U.S.C. §§ 21301, 21302, and 21304. Also
see Appendix A to Part 209 of the CFR for other sanctions. Criminal penalties and/or
imprisonment provided for in 49 U.S.C. § 21311 may also be imposed on any individual who
knowingly and willfully makes a false entry in a record or report required by the accident
reporting regulations or other regulations issued under 49 U.S.C. chapter 201; who destroys,
mutilates, changes, or falsifies such a record or report; who does not enter required specified
facts in a such record or report; who makes or preserves such a record or report in violation of
such a regulation or order; or who files a false record or report with FRA. FRA wants to make
clear to all railroads that the agency will be diligent in its efforts to ensure that all parties adhere
to and comply with the intimidation and harassment policy in the ICP. It should be noted that
FRA will be aggressive in pursuing enforcement sanctions against any person found to be in
violation of the railroad’s harassment and intimidation policy.
1.3.6 Public Examination and Use of Reports
Accident reports may be inspected at FRA’s Office of Railroad Safety. FRA will provide copies
of accident/incident reports under the Freedom of Information Act (FOIA) upon written request.
Written requests for copies of accident/incident reports should be accompanied by the
appropriate fee and addressed to:
Freedom of Information Act Coordinator
Office of Chief Counsel
Federal Railroad Administration
U.S. Department of Transportation
RCC-10, Mail Stop 10
West Building 3rd Floor, Room W33-437
1200 New Jersey Avenue, SE.
Washington, DC 20590
FRA Guide for Preparing Accident/Incident Reports
14
Accident/Incident Recordkeeping and Reporting Requirements
Each request should be clearly marked “FOIA Request for Accident/Incident Report.” See
§ 225.7.
1.4 Questions and Answers
Q1. We are required to post a listing of all reported injuries and occupational
illnesses to employees at that establishment. Although this listing does not
contain personal identifiers, e.g., names, Social Security numbers, it may be
possible to ascertain the identity of the person, particularly in small
establishments, based on the information listed. There may be conditions
that are reportable about which the employee or the railroad is especially
sensitive regarding the information being displayed in such a fashion. Are
there any exceptions to this requirement?
A1. Yes. The purpose of this listing is to raise the awareness of employees at the
establishment of the hazards that exist in the workplace, and to include the
employees in the reporting process. It was neither FRA’s intent nor its desire to
have conditions that an employee would prefer to keep confidential displayed on
this listing. Section 225.25(h)(15) permits a railroad not to post information on an
occupational injury or illness case that is a “privacy concern case.” This includes
cases in which the employee independently and voluntarily requests in writing to
the railroad reporting officer that his or her injury or illness not be posted. (See
§ 225.5 for full definition of privacy concern case.)
Q2. In a single large facility, such as a major yard, must a railroad maintain the
records and reports required by this regulation at each individual location
where the employees of that facility report to work?
A2. No. FRA has always exercised a certain amount of flexibility concerning the
locations where these records must be kept. FRA does not require that separate
records be maintained for the various distinct activities that take place in a large

Headquarters as listed in Appendix G.

1.3.2 Copies of the Regulations

Copies of Federal regulations may be obtained by contacting the Superintendent of Documents,

Government Printing Office, Washington, DC 20402-9328 (telephone: 202-512-1803;

http://www.gpo.gov).

1.3.3 Reporting Decisions

Ordinarily, the reporting officer will decide whether an accident/incident is reportable. This

decision cannot be an arbitrary one, but must be based on a thorough review of all evidence, as

opposed to speculation, related to the accident/incident in question and must be in accordance

with the requirements of the accident reports statute (49 U.S.C. §§ 20901–20903), Part 225, and

the guidelines provided in this Guide. If you are certain that a particular situation is outside the

scope of the reporting requirements, then the basis on which this determination was made must

be thoroughly documented before the case may be omitted from the monthly submission.

Neither the fact that there were no witnesses to an accident/incident nor the refusal of the railroad

to accept responsibility for an event is grounds for failing to report. A report must be made

whenever there is credible information that a reportable situation may have occurred. Later, if it

is determined that the event was not reportable, a request to delete it from FRA’s files is to be

made. If there is any uncertainty as to whether to report an accident/incident, it is recommended

that a report be made. Later, as additional information is developed, or following consultation

with FRA Office of Safety Assurance and Compliance personnel, a request may be made to

delete the incident from the file. See § 225.17.

Note that FRA cannot delegate authority to decide matters of judgment when facts are in dispute.

In such cases, FRA will make the final decision as to reportability. In arriving at this decision,

FRA will review all investigatory material associated with the case, including, but not limited to,

the following: the initial report filed by the affected person, witness statements, transcripts of

hearings, medical records, time and attendance records, and the purpose of payouts made in

connection with the accident/incident. Based upon its review, FRA will determine whether the

injury or illness is accountable or reportable.

1.3.4 Claimed But Not Admitted Submissions

When facts affecting the reportability of a case are in dispute, a report may be filed with FRA as

“Claimed But Not Admitted.” An accident/incident reported under this provision is given

FRA Guide for Preparing Accident/Incident Reports

13

Accident/Incident Recordkeeping and Reporting Requirements

special examination by FRA, but must still be recorded on the appropriate form and be included

as part of the report package for that month. A copy of all evidence relating to the event and a

letter summarizing the reasons why it should be excluded from the file must be provided. FRA

will examine all documentation. If the facts are sufficient to support the railroad’s position, the

case will not be charged against the railroad; otherwise, it will be added to the file. In either

case, FRA will advise the railroad of the agency’s determination. It is suggested that prior to

making such a filing that FRA be contacted by telephone (FRA telephone numbers are listed in

Appendix G) to discuss the overall merits of the case.

1.3.5 Penalties

Any person (including a railroad and any manager, supervisor, official, or other employee or

agent of a railroad) who violates any requirement of Part 225 or causes the violation of any such

requirement is subject to a civil penalty. The person may also be subject to criminal penalties.

FRA may issue these civil penalties pursuant to 49 U.S.C. §§ 21301, 21302, and 21304. Also

see Appendix A to Part 209 of the CFR for other sanctions. Criminal penalties and/or

imprisonment provided for in 49 U.S.C. § 21311 may also be imposed on any individual who

knowingly and willfully makes a false entry in a record or report required by the accident

reporting regulations or other regulations issued under 49 U.S.C. chapter 201; who destroys,

mutilates, changes, or falsifies such a record or report; who does not enter required specified

facts in a such record or report; who makes or preserves such a record or report in violation of

such a regulation or order; or who files a false record or report with FRA. FRA wants to make

clear to all railroads that the agency will be diligent in its efforts to ensure that all parties adhere

to and comply with the intimidation and harassment policy in the ICP. It should be noted that

FRA will be aggressive in pursuing enforcement sanctions against any person found to be in

violation of the railroad’s harassment and intimidation policy.

1.3.6 Public Examination and Use of Reports

Accident reports may be inspected at FRA’s Office of Railroad Safety. FRA will provide copies

of accident/incident reports under the Freedom of Information Act (FOIA) upon written request.

Written requests for copies of accident/incident reports should be accompanied by the

appropriate fee and addressed to:

Freedom of Information Act Coordinator

Office of Chief Counsel

Federal Railroad Administration

U.S. Department of Transportation

RCC-10, Mail Stop 10

West Building 3rd Floor, Room W33-437

1200 New Jersey Avenue, SE.

Washington, DC 20590

FRA Guide for Preparing Accident/Incident Reports

14

Accident/Incident Recordkeeping and Reporting Requirements

Each request should be clearly marked “FOIA Request for Accident/Incident Report.” See

§ 225.7.

1.4 Questions and Answers

Q1. We are required to post a listing of all reported injuries and occupational

illnesses to employees at that establishment. Although this listing does not

contain personal identifiers, e.g., names, Social Security numbers, it may be

possible to ascertain the identity of the person, particularly in small

establishments, based on the information listed. There may be conditions

that are reportable about which the employee or the railroad is especially

sensitive regarding the information being displayed in such a fashion. Are

there any exceptions to this requirement?

A1. Yes. The purpose of this listing is to raise the awareness of employees at the

establishment of the hazards that exist in the workplace, and to include the

employees in the reporting process. It was neither FRA’s intent nor its desire to

have conditions that an employee would prefer to keep confidential displayed on

this listing. Section 225.25(h)(15) permits a railroad not to post information on an

occupational injury or illness case that is a “privacy concern case.” This includes

cases in which the employee independently and voluntarily requests in writing to

the railroad reporting officer that his or her injury or illness not be posted. (See

§ 225.5 for full definition of privacy concern case.)

Q2. In a single large facility, such as a major yard, must a railroad maintain the

records and reports required by this regulation at each individual location

where the employees of that facility report to work?

A2. No. FRA has always exercised a certain amount of flexibility concerning the

locations where these records must be kept. FRA does not require that separate

records be maintained for the various distinct activities that take place in a large