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with certainty that the injury/illness was caused by the employee’s feet being wet all day due to
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work at the cooling tower. Since the injury/illness was determined to not be work-related, the
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company deemed the incident non-reportable.
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Response 2:
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A case is work-related if it is more likely than not that an identifiable event or exposure in the
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work environment was a discernable cause of the injury or illness. The work event or exposure
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need only be one of the causes; it need not to be the sole or predominant cause. In this case, the
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fact that neither the physician nor the employee could state with absolute certainty that the
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employee’s edema was caused by working with wet feet is not dispositive. In these situations,
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the railroad should evaluate the surrounding circumstances and relevant information (i.e., the
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FRA Guide for Preparing Accident/Incident Reports
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55
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F 6180.55a
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physician’s description of the edema as an “occupational disease,” the employee’s statement that
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working with wet feet was “the only thing he could of” as the cause, the employee’s medical
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history and events surrounding the injury/illness) to determine whether it is more likely that the
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identifiable event (working with wet feet) was a cause. The fact that the employee did not wear
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proper protective equipment is irrelevant for reporting purposes. If the railroad determines that
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the case it reportable, the case must be recorded on the Railroad Employee Injury and/or Illness
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Record, Form FRA F 6180.98, and reported to FRA on Form FRA F 6180.55a.
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Scenario 3:
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An employee was to report to work by 8:00 a.m. The employee drove into the company parking
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lot at 7:30 a.m. and parked the car. The employee exited the car and proceeded to the office to
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report to work. The parking lot and sidewalks are privately owned by the facility and both are
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within the property line, but not the controlled access points (i.e., fence, guards). The employee
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stepped onto the sidewalk and slipped on the snow and ice. The employee suffered a back injury
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and missed multiple days of work. The company believes that the employee was still in the
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process of the commute to work since the employee had not yet checked in at the office. Since a
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work task was not being performed, the site personnel deemed the incident not work-related and
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therefore not reportable.
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Response 3:
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Company parking lots and sidewalks are part of the employer’s establishment for injury/illness
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reporting purposes. In this case, the employee slipped on an icy sidewalk while walking to the
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office to report for work. In addition, the event or exposure that occurred does not meet any of
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the work-related exceptions. The employee was on the sidewalk because of work not because
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the employee was a member of the general public or a trespasser. The event or exposure
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occurred in the work environment and caused or contributed to the resultant injury. Therefore,
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the case is work-related, regardless of the fact that he had not actually checked in, and must be
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reported as a case involving a Railroad Employee Not On Duty (Class B). See reporting
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exceptions listed at § 225.15.
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Scenario 4:
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An employee reports to work. Several hours later, the employee goes outside for a “smoke break
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and to get a pair of sunglasses from his truck.” The employee slips on ice and injures his back.
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Since the employee was not performing tasks related to the employee’s work, the company has
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deemed this incident non-work-related and therefore not reportable.
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FRA Guide for Preparing Accident/Incident Reports
|
56
|
F 6180.55a
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Response 4:
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An injury or illness is not work-related if it is solely the result of an employee doing personal
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tasks (unrelated to their employment) at the establishment outside of the employee’s assigned
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working hours. See reporting exceptions listed at § 225.15. In order for this exception to apply,
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the case must meet both of the stated conditions. The exception does not apply here because the
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injury or illness occurred within normal working hours as “breaks” during normal working hours
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are considered within assigned working hours. Therefore, this case is work-related, and must be
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recorded on the Railroad Employee Injury and/or Illness Record, Form FRA F 6180.98, and
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reported on Form FRA F 6180.55a.
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Scenario 5:
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An employee drove into the company parking lot at 7:30 a.m., exited his car, and proceeded to
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cross the parking lot to clock in to work. A second employee, also on the way to work,
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approached the first employee, and the two individuals got into a physical altercation in the
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parking lot. The first employee broke an arm during the altercation. The employee went to the
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doctor and received medical treatment for his injury.
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The company deemed this a non-work-related incident, and therefore non-reportable, since the
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employees had not yet reported to work and a work task was not being performed at the time of
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the altercation.
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Response 5:
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The reporting requirements contain no general exception for purposes of determining workrelatedness for cases involving acts of violence in the work environment. Company parking
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lots/access roads are part of the employer’s premises and therefore part of the employer’s
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establishment. Whether the employee had not clocked in to work does not affect the outcome for
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determining work-relatedness. Therefore, this case is work-related and must be recorded on the
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Railroad Employee Injury and/or Illness Record, Form FRA F 6180.98, and reported on Form
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FRA F 6180.55a.
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Scenario 6:
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An employee injured a knee performing work-related activities in 2005. The accident was
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FRA-reportable. The employee had arthroscopic knee surgery 11 months later and was released
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to full duty a month and a half after the arthroscopic surgery.
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The employee had a second knee injury 3 months after the return to work release (after the first
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surgery). After the second surgery, the doctor prescribed Vioxx® as an anti-inflammatory drug.
|
FRA Guide for Preparing Accident/Incident Reports
|
57
|
F 6180.55a
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Approximately 1½ months after the second knee surgery, the employee was given another full
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release to return to work full duty, and returned to work. However, the doctor told the employee
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to continue to take Vioxx® as prescribed (as needed) and to return to the doctor as needed. The
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employee scheduled a followup appointment with the doctor. The day before the appointment,
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the employee bumped his knee at work. During his scheduled doctor’s appointment (which was
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to be the last followup visit), the employee mentioned the latest incident (bumping the knee) to
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the doctor and showed him where the pain was occurring due to bumping his knee. The doctor
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stated that the employee had an inflamed tendon (Grade 1 lateral collateral ligament sprain) that
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was not part of the initial surgery (patellar tendonitis). The doctor stated in the diagnosis that the
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original injury that required knee surgery was resolved. The doctor told the employee to
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continue taking Vioxx® for the inflamed tendon. Since the employee was already taking the
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medication prescribed (Vioxx®), the railroad does not believe this is reportable as a second
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incident.
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Response 6:
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In the accident/incident regulation and reporting guidelines, the employer is required to follow
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any determination a physician or other licensed healthcare professional has made about the status
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of a new case. The inflamed tendon is a new case because the employee had completely
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recovered from the previous injury and illness and a new event or exposure had occurred in the
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