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