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This form is only used in connection with a reportable rail equipment accident/incident where the
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Form FRA F 6180.54 submitted to FRA identifies an employee human factor as either the
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primary or contributing cause of the accident.
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8.2 General Instructions and Interpretations
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Each employee identified on Form FRA F 6180.81 must be notified according to the
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instructions found in the section for preparing Form FRA F 6180.78 and on the back of that
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form.
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If a reporting railroad makes allegations concerning the employee of another railroad, the
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employing railroad must promptly provide the name, job title, address, and medical status of
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any employee reasonably identified by the alleging railroad, if requested.
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If a railroad is initially unable to identify a particular railroad employee responsible for causing
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the accident, but subsequently makes such identification, the railroad shall prepare a revised
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Form FRA F 6180.81 and forward it to FRA. In addition, a notification (Form FRA F 6180.78)
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must be sent to the identified employee within 15 days of the date the revised Employee Human
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Factor Attachment was prepared.
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A railroad has reasonable discretion to defer notification of implicated employees on
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medical grounds.
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If an implicated employee has died as a result of the accident, a notice addressed to that
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employee must not be sent to any person. If an implicated employee has died of any cause by
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the time that the notice is ready to be sent, no notice addressed to that employee is required.
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If the reporting railroad has scheduled or is conducting a formal investigation of a rail equipment
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accident/incident to determine whether it was caused by an employee human factor. and if the
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investigation has not concluded prior to the filing of the regular monthly report, the railroad
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must, nonetheless, attach a Form FRA F 6180.81 to the Form FRA F 6180.54 to which it
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pertains. The following instructions apply in these situations:
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FRA Guide for Preparing Accident/Incident Reports
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138
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F 6180.81
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1. In the “ Description” area of Form FRA F 6180.81, you are to explain that
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employee(s) have not been named because the railroad is awaiting results of the
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formal investigation. Indicate whether the formal investigation is currently in
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progress or the date that it is scheduled to begin.
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2. After transmittal of such Form FRA F 6180.81, and when the formal investigation has
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been concluded for that rail equipment accident, the reporting railroad must promptly
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provide a “corrected copy” of FRA Form F 6180.81 for each implicated employee.
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Implicated employees are to be notified in accordance with instructions found in
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Section 8.2 of this Chapter.
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The above provisions apply only when a formal investigation is scheduled or in progress and
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where the naming of an employee(s) on FRA forms prior to a railroad’s formal inquiry may give
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the appearance of “pre-judging” the guilt or innocence of the affected employee(s). If a railroad
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does not schedule a formal inquiry for a rail equipment accident/incident caused by an employee
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human factor, the standard provisions described in this chapter apply.
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8.3 Submission
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Form FRA F 6180.81 is to be attached to Form FRA F 6180.54 (when applicable). Form FRA
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F 6180.81 may be submitted via optical media (CD-ROM) or electronically, via the Internet, but
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must also be submitted in .pdf or .jpg file format.
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FRA Guide for Preparing Accident/Incident Reports
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139
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F 6180.78
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9. Form FRA F 6180.78 - Notice to Railroad Employee Involved in Rail
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Equipment Accident/Incident Attributed to Employee Human Factor:
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Employee Statement Supplementing Railroad Accident Report
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9.1 Requirement
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For each employee whose act, omission, or physical condition was alleged by the railroad as the
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employee human factor that was the primary cause or a contributing cause of a reportable rail
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equipment accident/incident (as reported on Form FRA F 6180.54) and whose name was listed in
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the Employee Human Factor Attachment (Form FRA F 6180.81) for the accident, and for each
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such railroad employee of whose identity the railroad has actual knowledge, the alleging railroad
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shall:
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1. Complete Part I, “Notice to Railroad Employee,” of Form FRA F 6180.78 with
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information regarding the accident, in accordance with the following instructions and
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those on the form; and
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2. Hand-deliver or send by first-class mail (postage prepaid) the following to that employee
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within 45 days after the end of the month in which the rail equipment accident/incident
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occurred:
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a. A copy of Form FRA F 6180.78, “Notice to Railroad Employee Involved in Rail
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Equipment Accident/Incident Attributed to Employee Human Factor: Employee
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Statement Supplementing Railroad Accident Report,” with Part I completed as to the
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applicable employee and accident.
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b. A copy of the railroad’s Rail Equipment Accident/Incident Report and Employee
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Human Factor Attachment on the rail equipment accident/incident involved.
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c. If the accident was also reportable as a highway-rail grade crossing accident/incident,
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a copy of the railroad’s Highway-Rail Grade Crossing Accident/Incident Report on
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that accident. See § 225.12.
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An “employee human factor” includes any of the accident causes signified by the train accident
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cause codes listed under “Train Operation–Human Factors” in the current FRA Guide, except for
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those train accident cause codes pertaining to non-railroad workers. For purposes of Form FRA
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F 6180.78 and for purposes of the definition of “employee human factor,” “employee” includes
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the following classifications:
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1. Worker on Duty–Railroad Employee
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2. Railroad Employee Not on Duty
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3. Worker on Duty–Contractor
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4. Worker on Duty–Volunteer
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See § 225.5 for definition of employee human factor and § 225.12 for definition of employee and
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for substantive requirements.
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FRA Guide for Preparing Accident/Incident Reports
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140
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F 6180.78
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This form is only used in connection with a reportable rail equipment accident/incident where the
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Form FRA F 6180.54 submitted to FRA identifies an employee human factor as either the
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primary or contributing cause of the accident.
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9.1.1 Employee Action upon Receipt of Notification
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Employee statements supplementing railroad accident reports are voluntary, not mandatory.
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The nonsubmission of a supplement does not imply that the employee admits or endorses the
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railroad’s conclusions as to cause or any other allegations. See § 225.12(g)(1).
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Although a supplement is completely optional and not required, if an employee wishes to submit
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a supplement and ensure that, after receipt, it will be properly placed by FRA in a file with the
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