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number injuries and illnesses associated with railroad operations. See § 225.41, Suicide
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Data. Suicide data will not be available on FRA’s Web site for individual reports or
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downloads. Suicide data will, however, be available to the public in aggregate format on
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FRA's website and via requests under the Freedom of Information Act (FOIA). For
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additional information on FOIA requests, see FRA’s Web site at
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http://www.fra.dot.gov/us/foia. FRA will not report suicide data to DOL. Suicide data
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will also be available to FRA inspectors and State agencies participating in investigative
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activities under part 212. See § 225.31. States will also be able to obtain individual
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reports directly from the railroads pursuant to § 225.1. See § 225.1.
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6.4 Covered Data
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Covered data is information that must be reported to FRA so that FRA’s reporting requirements
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remain consistent with OSHA. Covered data concerns railroad employee injuries or illnesses
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that are reportable exclusively because a physician or other licensed health care professional:
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1. Recommends in writing that:
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a. The employee take 1 or more days away from work when the employee instead
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reports to work (or would have reported had he or she been scheduled) and takes no
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days away from work in connection with the injury or illness and returns to full duty
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(no restricted days);
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b. The employee work restricted duty for 1 or more days when the employee instead
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works unrestricted (or would have worked unrestricted had he or she been scheduled)
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and takes no days of restricted work activity in connection with the injury or illness;
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c. The employee take over-the-counter (OTC) medication at a dosage equal to or greater
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than the minimum prescription strength, whether or not the employee actually takes
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the medication; or
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2. Makes a one-time topical application of a prescription-strength medication to the
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employee’s injury.
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Although “covered data” cases will be retained in the files and will be accessible on FRA’s Web
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site, these cases will not be included in the casualty counts found in FRA’s regular publications,
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e.g., Annual Report of Railroad Safety Statistics.
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6.5 Employee On-Duty Injury/Illness Reporting
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Basic Requirement. See Chapter 6.1 of this Guide. See also § 225.11 and § 225.19(d),
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6.5.1 Questions and Answers on Employee On-Duty Injury/Illness Reporting
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Q1. What if the injury was caused by the employee’s own negligence or was a
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result of events beyond the railroad’s control, e.g., an employee was assaulted
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by a trespasser, or two employees were engaged in horseplay. Would this
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make a difference in terms of whether the injury or illness must be reported?
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A1. No. Responsibility or fault is not a consideration when deciding whether to
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report. FRA notes that many circumstances that lead to a reportable work-related
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injury or illness are “beyond the employer’s control,” at least as that phrase is
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commonly interpreted. Nevertheless, because such an injury or illness was
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caused, contributed to, or significantly aggravated by an event or exposure arising
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from the operation of the railroad, it must be reported (assuming that it meets one
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or more of the reporting criteria and does not qualify for a reporting exception
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under § 225.15.) This approach is consistent with the no-fault reporting system
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FRA has adopted, which includes work-related injuries and illnesses, regardless
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of the level of employer control involved.
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The following do not affect reportability if there is evidence an employee was
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injured or made ill while in the work environment:
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1. The event or exposure was not witnessed.
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2. The employee did not immediately notify a supervisor.
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3. The employee did not require medical treatment at the time of the
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condition.
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4. The condition was the result of an employee’s error.
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5. The condition was caused by outside factors, e.g., assault on an employee,
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an insect or animal bite, lightening strike, other act of nature.
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6. The condition did not meet all the necessary conditions for reporting at the
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time of the initial event, activity, or exposure.
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7. The condition was the culmination of a series of activities.
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8. The employee cannot specifically identify when or how he or she was
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injured.
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Q2. How do I decide whether a particular injury or illness of an employee on
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duty is reportable?
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A2. The following decision tree shows the basic steps involved in making this
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determination:
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Did the employee experience
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an injury or illness?
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Is the injury or illness workrelated?
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Is the injury or illness a new case?
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No
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Update the previously
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reported injury or
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illness entry if
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necessary.
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Does the injury or illness meet the
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general reporting criteria or the
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application to specific cases?
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Do not report the
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injury or illness (may
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require Form FRA
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F 6180.98).
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No
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No
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Report the injury or
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illness on form FRA
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F 6180.55a.
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Yes
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Yes
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Yes
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Yes
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No
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6.6 Determination of Work-Relatedness
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