[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR225.17]

[Page 276-277]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS--Table of Contents
 
Sec. 225.17  Doubtful cases; alcohol or drug involvement.

    (a) The reporting officer f a railroad will ordinarily determine the 
reportability or nonreportability of an accident/incident after 
examining all evidence available. The FRA, however, cannot delegate 
authority to decide matters of judgment when facts are in dispute. In 
all such cases the decision shall be that of the FRA.
    (b) Even though there may be no witness to an accident/incident, if 
there is evidence indicating that a reportable accident/incident may 
have occurred, a report of that accident/incident must be made.
    (c) All accidents/incidents reported as ``claimed but not admitted 
by the railroad'' are given special examination by the FRA, and further 
inquiry may be ordered. Accidents/incidents accepted as reportable are 
tabulated and included in the various statistical statements issued by 
the FRA. The denial of any knowledge or refusal to admit responsibility 
by the railroad does not exclude those accidents/incidents from monthly 
and annual figures. Facts stated by a railroad that tend to refute the 
claim of an injured person are given consideration, and when the facts 
seem sufficient to support the railroad's position, the case is not 
allocated to the reporting railroad.
    (d)(1) In preparing a Rail Equipment Accident/Incident Report under 
this part, the railroad shall make such specific inquiry as may be 
reasonable under the circumstances into the possible involvement of 
alcohol or drug use or impairment in such accident or incident. If the 
railroad comes into possession of any information whatsoever, whether or 
not confirmed, concerning alleged alcohol or drug use or impairment by 
an employee who was involved in, or arguably could be said to have been 
involved in, the accident/incident, the railroad shall report such 
alleged use or impairment as provided in the current FRA Guide for 
Preparing Accident/Incident Reports. If the railroad is in possession of 
such information but does not believe that alcohol or drug impairment 
was the primary or contributing cause of the accident/incident, then the 
railroad shall include in the narrative statement of such report a brief 
explanation of the basis of such determination.
    (2) For any train accident within the requirement for post-accident 
testing under Sec. 219.201 of this title, the railroad

[[Page 277]]

shall append to the Rail Equipment Accident/Incident Report any report 
required by Sec. 219.209(b) (pertaining to failure to obtain samples for 
post-accident toxicological testing).
    (3) For any train or non-train incident, the railroad shall provide 
any available information concerning the possible involvement of alcohol 
or drug use or impairment in such accident or incident.
    (4) In providing information required by this paragraph, a railroad 
shall not disclose any information concerning use of controlled 
substances determined by the railroad's Medical Review Officer to have 
been consistent with 49 CFR 219.103.

[39 FR 43224, Dec. 11, 1974, as amended at 50 FR 31579, Aug. 2, 1985; 54 
FR 53279, Dec. 27, 1989]