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