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facility. Work locations that are near each other can be treated as a single |
establishment when they are part of a larger facility at that location. Permanent |
work sites that are physically distant from each other, e.g., in another city, are |
separate establishments and are covered by the term, “single physical location,” |
contained in this FRA Guide. See §§ 225.25(g), 225.27 and 225.35 for FRA’s |
requirements related to record maintenance and access. |
Q3. Are there any particular forms that must be used to record injuries, illnesses, |
accidents and/or incidents? |
A3. For recording an accountable or reportable injury or illness for a railroad |
employee, either the Railroad Employee Injury and/or Illness Record (Form FRA |
F 6180.98), or an alternative railroad record can be used. If the alternative record |
FRA Guide for Preparing Accident/Incident Reports |
15 |
Accident/Incident Recordkeeping and Reporting Requirements |
is used, the regulation states that it “shall contain all of the information required |
on the Railroad Employee Injury and/or Illness Record.” See § 225.25(b). |
For initially recording an accountable or reportable rail equipment |
accident/incident, either the Initial Rail Equipment Accident/Incident Record |
(Form FRA F 6180.97) or an alternative railroad-designed record can be used. If |
the alternative record is used, the regulation states that it “shall contain all of the |
information required on the Initial Rail Equipment Accident/Incident Record.” |
See § 225.25(e). |
Q4. I currently maintain a database of all conditions reported by employees, |
passengers and others, regardless of severity or consequences. A lot of these |
injuries require no treatment, or only need first aid. I document every |
potential case, just in case it later becomes reportable. Does the requirement |
to record entries involving employees on the Form FRA F 6180.98 or an |
alternative railroad-designed form make it necessary for me to have two logs, |
one for “accountable” injuries to employees and a separate record for |
others? If possible, I would like to consolidate all of my records into a single |
file. |
A4. No, the alternative railroad-designed record may be used to record the additional |
information described. The regulation only requires that you maintain certain |
information about your employees which FRA inspectors may ask to see in order |
to verify compliance. For example, the regulation does not require that Form |
FRA F 6180.98 contain information about contractors or volunteers. You may |
include records for any class of person in your file, and you may also include |
additional information beyond what is required. To avoid any confusion about |
those entries that are required by the regulation and additional records you may |
choose to include in your file, there must be a means of identifying the two |
categories incorporated in your system design. These same general guidelines |
also apply for alternative railroad-designed Initial Rail Equipment |
Accident/Incident Record, Form FRA F 6180.97, described in Chapter 5. |
Q5. Does this mean we can maintain this information electronically? If so, what |
are the requirements for centralized processing of this data? |
A5. Yes. FRA addresses electronic record retention at § 225.27, where FRA sets forth |
minimum system requirements for the electronic retention of accident/incident |
records. Note the exception, however, with respect to FRA Form F 6180.55, |
“Railroad Injury and Illness Summary.” If a railroad submits FRA Form |
F 6180.55 to FRA electronically, the railroad must maintain a hard copy of the |
original signed form and the electronic notification of receipt of the form. See |
§ 225.27(c). |
FRA Guide for Preparing Accident/Incident Reports |
16 |
Definitions |
2. Definitions |
Section 225.5 contains definitions as used in Part 225. Section 225.19 sets forth which |
accidents/incidents are reportable. The definitions and guidance listed below are supplemental to |
the definitions found in Part 225, and are provided to assist railroads in the context of |
accident/incident reporting. |
Casualty. A reportable death, injury, or illness arising from the operation of a railroad. |
Casualties may be classified as either fatal or nonfatal. |
Classification of Persons. |
Worker on Duty–Railroad Employee (Class A). An individual who receives direct |
monetary compensation from the railroad. Whether the worker is under pay will generally, |
but not always, be the deciding factor for determining “on duty” status. An employee who is |
not under pay, but engaged in work-related activity is “on duty.” |
Note: An employee in deadhead transportation is considered an “employee on duty,” |
regardless of the mode of transportation. Deadhead transportation occurs when an employee |
is traveling at the direction or authorization of the carrier to or from an assignment, or the |
employee is involved with a means of conveyance furnished by the carrier or compensated |
for by the carrier. |
Exception: If an employee is housed by the carrier in a facility such as a motel, and part of |
the service provided by the motel is the transportation of the employee to and from the work |
site, any reportable injury to the employee during such transit is to be recorded as that of a |
Railroad Employee Not On Duty (Class B). Likewise, if the employee decides upon other |
means of transportation that is not authorized or provided, and for which he would not have |
been compensated by the railroad, the injury is not considered work-related. |
Railroad Employee Not On Duty (Class B). An individual who receives direct monetary |
compensation from the railroad and who is on railroad property for purposes connected with |
his or her employment or with other railroad permission but is not “on duty.” |
Worker on Duty–Contractor (Class F). An employee of a contracting agency for a |
railroad who does not receive direct monetary compensation from the railroad and who, |
while on railroad property, is engaged in either 1) the operation of on-track equipment, or 2) |
any other safety-sensitive function for the railroad as defined in § 209.303. |
Section 209.303 describes “safety-sensitive functions” as applying to the following |
individuals: |
FRA Guide for Preparing Accident/Incident Reports |
17 |
Definitions |
(a) Railroad employees who are assigned to perform service subject to the Hours of Service |
Act (45 U.S.C. 61-64b2 |
) during a duty tour, whether or not the person has performed or is |
currently performing such service, and any person who performs such service; |
(b) Railroad employees or agents who: |
(1) Inspect, install, repair, or maintain track and roadbed; |
(2) Inspect, repair, or maintain, locomotives, passenger cars, and freight cars; |
(3) Conduct training and testing of employees when the training or testing is required by |
the FRA’s safety regulations; or |
(c) Railroad managers, supervisors, or agents when they: |
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