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with certainty that the injury/illness was caused by the employee’s feet being wet all day due to
work at the cooling tower. Since the injury/illness was determined to not be work-related, the
company deemed the incident non-reportable.
Response 2:
A case is work-related if it is more likely than not that an identifiable event or exposure in the
work environment was a discernable cause of the injury or illness. The work event or exposure
need only be one of the causes; it need not to be the sole or predominant cause. In this case, the
fact that neither the physician nor the employee could state with absolute certainty that the
employee’s edema was caused by working with wet feet is not dispositive. In these situations,
the railroad should evaluate the surrounding circumstances and relevant information (i.e., the
FRA Guide for Preparing Accident/Incident Reports
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F 6180.55a
physician’s description of the edema as an “occupational disease,” the employee’s statement that
working with wet feet was “the only thing he could of” as the cause, the employee’s medical
history and events surrounding the injury/illness) to determine whether it is more likely that the
identifiable event (working with wet feet) was a cause. The fact that the employee did not wear
proper protective equipment is irrelevant for reporting purposes. If the railroad determines that
the case it reportable, the case must be recorded on the Railroad Employee Injury and/or Illness
Record, Form FRA F 6180.98, and reported to FRA on Form FRA F 6180.55a.
Scenario 3:
An employee was to report to work by 8:00 a.m. The employee drove into the company parking
lot at 7:30 a.m. and parked the car. The employee exited the car and proceeded to the office to
report to work. The parking lot and sidewalks are privately owned by the facility and both are
within the property line, but not the controlled access points (i.e., fence, guards). The employee
stepped onto the sidewalk and slipped on the snow and ice. The employee suffered a back injury
and missed multiple days of work. The company believes that the employee was still in the
process of the commute to work since the employee had not yet checked in at the office. Since a
work task was not being performed, the site personnel deemed the incident not work-related and
therefore not reportable.
Response 3:
Company parking lots and sidewalks are part of the employer’s establishment for injury/illness
reporting purposes. In this case, the employee slipped on an icy sidewalk while walking to the
office to report for work. In addition, the event or exposure that occurred does not meet any of
the work-related exceptions. The employee was on the sidewalk because of work not because
the employee was a member of the general public or a trespasser. The event or exposure
occurred in the work environment and caused or contributed to the resultant injury. Therefore,
the case is work-related, regardless of the fact that he had not actually checked in, and must be
reported as a case involving a Railroad Employee Not On Duty (Class B). See reporting
exceptions listed at § 225.15.
Scenario 4:
An employee reports to work. Several hours later, the employee goes outside for a “smoke break
and to get a pair of sunglasses from his truck.” The employee slips on ice and injures his back.
Since the employee was not performing tasks related to the employee’s work, the company has
deemed this incident non-work-related and therefore not reportable.
FRA Guide for Preparing Accident/Incident Reports
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F 6180.55a
Response 4:
An injury or illness is not work-related if it is solely the result of an employee doing personal
tasks (unrelated to their employment) at the establishment outside of the employee’s assigned
working hours. See reporting exceptions listed at § 225.15. In order for this exception to apply,
the case must meet both of the stated conditions. The exception does not apply here because the
injury or illness occurred within normal working hours as “breaks” during normal working hours
are considered within assigned working hours. Therefore, this case is work-related, and must be
recorded on the Railroad Employee Injury and/or Illness Record, Form FRA F 6180.98, and
reported on Form FRA F 6180.55a.
Scenario 5:
An employee drove into the company parking lot at 7:30 a.m., exited his car, and proceeded to
cross the parking lot to clock in to work. A second employee, also on the way to work,
approached the first employee, and the two individuals got into a physical altercation in the
parking lot. The first employee broke an arm during the altercation. The employee went to the
doctor and received medical treatment for his injury.
The company deemed this a non-work-related incident, and therefore non-reportable, since the
employees had not yet reported to work and a work task was not being performed at the time of
the altercation.
Response 5:
The reporting requirements contain no general exception for purposes of determining workrelatedness for cases involving acts of violence in the work environment. Company parking
lots/access roads are part of the employer’s premises and therefore part of the employer’s
establishment. Whether the employee had not clocked in to work does not affect the outcome for
determining work-relatedness. Therefore, this case is work-related and must be recorded on the
Railroad Employee Injury and/or Illness Record, Form FRA F 6180.98, and reported on Form
FRA F 6180.55a.
Scenario 6:
An employee injured a knee performing work-related activities in 2005. The accident was
FRA-reportable. The employee had arthroscopic knee surgery 11 months later and was released
to full duty a month and a half after the arthroscopic surgery.
The employee had a second knee injury 3 months after the return to work release (after the first
surgery). After the second surgery, the doctor prescribed Vioxx® as an anti-inflammatory drug.
FRA Guide for Preparing Accident/Incident Reports
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F 6180.55a
Approximately 1½ months after the second knee surgery, the employee was given another full
release to return to work full duty, and returned to work. However, the doctor told the employee
to continue to take Vioxx® as prescribed (as needed) and to return to the doctor as needed. The
employee scheduled a followup appointment with the doctor. The day before the appointment,
the employee bumped his knee at work. During his scheduled doctor’s appointment (which was
to be the last followup visit), the employee mentioned the latest incident (bumping the knee) to
the doctor and showed him where the pain was occurring due to bumping his knee. The doctor
stated that the employee had an inflamed tendon (Grade 1 lateral collateral ligament sprain) that
was not part of the initial surgery (patellar tendonitis). The doctor stated in the diagnosis that the
original injury that required knee surgery was resolved. The doctor told the employee to
continue taking Vioxx® for the inflamed tendon. Since the employee was already taking the
medication prescribed (Vioxx®), the railroad does not believe this is reportable as a second
incident.
Response 6:
In the accident/incident regulation and reporting guidelines, the employer is required to follow
any determination a physician or other licensed healthcare professional has made about the status
of a new case. The inflamed tendon is a new case because the employee had completely
recovered from the previous injury and illness and a new event or exposure had occurred in the