[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR225.25]



[Page 357-361]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 225_RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 

INVESTIGATIONS--Table of Contents

 

Sec. 225.25  Recordkeeping.



    (a) Each railroad shall maintain either the Railroad Employee Injury 

and/or Illness Record (Form FRA F 6180.98) or an alternative railroad-

designed record as described in paragraph (b) of this section of all 

reportable and accountable injuries and illnesses of its employees that 

arise from the operation of the railroad for each railroad establishment 

where such employees report to work, including, but not limited to, an 

operating division, general office, and major installation such as a 

locomotive or car repair or construction facility.

    (b) The alternative railroad-designed record may be used in lieu of 

the Railroad Employee Injury and/or Illness Record (Form FRA F 6180.98) 

described in paragraph (a) of this section. Any such alternative record 

shall contain all of the information required on the Railroad Employee 

Injury and/or Illness Record. Although this information may be displayed 

in a different order from that on the Railroad Employee Injury and/or 

Illness Record, the order of the information shall be consistent from 

one such record to another such record. The order chosen by the railroad 

shall be consistent for each of the railroad''s reporting 

establishments. Railroads may list additional information on the 

alternative record beyond the information required on the Railroad 

Employee Injury and/or Illness Record. The alternative record shall 

contain, at a minimum, the following information:

    (1) Name of railroad;

    (2) Case/incident number;

    (3) Full name of railroad employee;

    (4) Date of birth of railroad employee;

    (5) Gender of railroad employee;

    (6) Employee identification number or, in the alternative, Social 

Security Number of railroad employee;

    (7) Date the railroad employee was hired;

    (8) Home address of railroad employee; include the street address, 

city, State, ZIP code, and home telephone number with area code;

    (9) Name of facility where railroad employee normally reports to 

work;

    (10) Address of facility where railroad employee normally reports to 

work; include the street address, city, State, and ZIP code;

    (11) Job title of railroad employee;

    (12) Department assigned;

    (13) Specific site where accident/incident/exposure occurred; 

include the city, county, State, and ZIP code;

    (14) Date and time of occurrence; military time or AM/PM;

    (15) Time employee's shift began; military time or AM/PM;

    (16) Whether employee was on premises when injury, illness, or 

condition occurred;

    (17) Whether employee was on or off duty;

    (18) Date and time when employee notified company personnel of 

condition; military time or AM/PM;

    (19) Name and title of railroad official notified;

    (20) Description of the general activity this employee was engaged 

in prior to the injury/illness/condition;

    (21) Description of all factors associated with the case that are 

pertinent to an understanding of how it occurred. Include a discussion 

of the sequence of events leading up to it; and the tools, machinery, 

processes, material, environmental conditions, etc., involved;

    (22) Description, in detail, of the injury/illness/condition that 

the employee sustained, including the body parts affected. If a 

recurrence, list the date of the last occurrence;

    (23) Identification of all persons and organizations used to 

evaluate or treat the condition, or both. Include the facility, provider 

and complete address;



[[Page 358]]



    (24) Description of all procedures, medications, therapy, etc., used 

or recommended for the treatment of the condition.

    (25) Extent and outcome of injury or illness to show the following 

as applicable:

    (i) Fatality--enter date of death;

    (ii) Restricted work; number of days; beginning date;

    (iii) Occupational illness; date of initial diagnosis;

    (iv) Instructions to obtain prescription medication, or receipt of 

prescription medication;

    (v) If one or more days away from work, provide the number of days 

away and the beginning date;

    (vi) Medical treatment beyond ``first aid'';

    (vii) Hospitalization for treatment as an inpatient;

    (viii) Multiple treatments or therapy sessions;

    (ix) Loss of consciousness;

    (x) Transfer to another job or termination of employment;

    (xi) Significant injury or illness of a railroad employee;

    (xii) Needlestick or sharps injury to a railroad employee, medical 

removal of a railroad employee, occupational hearing loss of a railroad 

employee, occupational tuberculosis of a railroad employee, or 

musculoskeletal disorder of a railroad employee which musculoskeletal 

disorder is reportable under one or more of the general reporting 

criteria.

    (26) Each railroad shall indicate if the Railroad Injury and Illness 

Summary (Continuation Sheet) (FRA Form F 6180.55a) has been filed with 

FRA for the injury or illness. If FRA Form F 6180.55a was not filed with 

FRA, then the railroad shall provide an explanation of the basis for its 

decision.

    (27) The reporting railroad shall indicate if the injured or ill 

railroad employee was provided an opportunity to review his or her file; 

and

    (28) The reporting railroad shall identify the preparer's name; 

title; telephone number with area code; and the date the log entry was 

completed.

    (c) Each railroad shall provide the employee, upon request, a copy 

of either the completed Railroad Employee Injury and/or Illness Record 

(Form FRA F 6180.98) or the alternative railroad-designed record as 

described in paragraphs (a) and (b) of this section as well as a copy of 

forms or reports required to be maintained or filed under this part 

pertaining to that employee's own work-related injury or illness.

    (d) Each railroad shall maintain the Initial Rail Equipment 

Accident/Incident Record (Form FRA F 6180.97) or an alternative 

railroad-designed record as described in paragraph (e) of this section 

of reportable and accountable collisions, derailments, fires, 

explosions, acts of God, or other events involving the operation of 

railroad on-track equipment, signals, track, or track equipment 

(standing or moving) that result in damages to railroad on-track 

equipment, signals, tracks, track structures, or roadbed, including 

labor costs and all other costs for repairs or replacement in kind for 

each railroad establishment where workers report to work, including, but 

not limited to, an operating division, general office, and major 

installation such as a locomotive or car repair or construction 

facility.

    (e) The alternative railroad-designed record may be used in lieu of 

the Initial Rail Equipment Accident/Incident Record (Form FRA F 

6180.97). Any such alternative record shall contain all of the 

information required on the Initial Rail Equipment Accident/Incident 

Record. Although this information may be displayed in a different order 

from that on the Initial Rail Equipment Accident/Incident Record, the 

order of the information shall be consistent from one such record to 

another such record. The order chosen by the railroad shall be 

consistent for each of the railroad's reporting establishments. 

Railroads may list additional information in the alternative record 

beyond the information required on the Initial Rail Equipment Accident/

Incident Record. The alternative record shall contain, at a minimum, the 

following information:

    (1) Date and time of accident;

    (2) Reporting railroad, and accident/incident number;

    (3) Other railroad, if applicable, and other railroad's accident/

incident number;



[[Page 359]]



    (4) Railroad responsible for track maintenance, and that railroad's 

incident number;

    (5) Type of accident/incident (derailment, collision, etc.);

    (6) Number of cars carrying hazardous materials that derailed or 

were damaged; and number of cars carrying hazardous materials that 

released product;

    (7) Division;

    (8) County and nearest city or town;

    (9) State;

    (10) Milepost (to the nearest tenth);

    (11) Specific site;

    (12) Speed (indicate if actual or estimate);

    (13) Train number or job number;

    (14) Type of equipment (freight, passenger, yard switching, etc.);

    (15) Type of track (main, yard, siding, industry);

    (16) Total number of locomotives in train;

    (17) Total number of locomotives that derailed;

    (18) Total number of cars in train;

    (19) Total number of cars that derailed;

    (20) Total amount of damage in dollars to equipment based on 

computations as described in the ``FRA Guide for Preparing Accidents/

Incidents Reports'';

    (21) Total amount of damage in dollars to track, signal, way and 

structures based on computations as described in the ``FRA Guide for 

Preparing Accidents/Incidents Reports'';

    (22) Primary cause;

    (23) Contributing cause;

    (24) Persons injured, persons killed, and employees with an 

occupational illness, broken down into the following classifications: 

worker on duty--employee; employee not on duty; passenger on train; 

nontrespasser--on railroad property; trespasser; worker on duty--

contractor; contractor--other; worker on duty--volunteer; volunteer--

other; and nontrespasser-off railroad property;

    (25) Narrative description of the accident;

    (26) Whether the accident/incident was reported to FRA;

    (27) Preparer's name, title, telephone number with area code, and 

signature; and

    (28) Date the report was completed.

    (f) Each railroad shall enter each reportable and accountable injury 

and illness and each reportable and accountable rail equipment accident/

incident on the appropriate record, as required by paragraphs (a) 

through (e) of this section, as early as practicable but no later than 

seven working days after receiving information or acquiring knowledge 

that an injury or illness or rail equipment accident/incident has 

occurred.

    (g) The records required under paragraphs (a) through (e) of this 

section may be maintained at the local establishment or, alternatively, 

at a centralized location. If the records are maintained at a 

centralized location, but not through electronic means, then a paper 

copy of the records that is current within 35 days of the month to which 

it applies shall be available for that establishment. If the records are 

maintained at a centralized location through electronic means, then the 

records for that establishment shall be available for review in a hard 

copy format within four business hours of FRA's request. FRA recognizes 

that circumstances outside the railroad's control may preclude it from 

fulfilling the four-business-hour time limit. In these circumstances, 

FRA will not assess a monetary penalty against the railroad for its 

failure to provide the requested documentation provided the railroad 

made a reasonable effort to correct the problem.

    (h) Except as provided in paragraph(h)(15) of this section, a 

listing of all injuries and occupational illnesses reported to FRA as 

having occurred at an establishment shall be posted in a conspicuous 

location at that establishment, within 30 days after the expiration of 

the month during which the injuries and illnesses occurred, if the 

establishment has been in continual operation for a minimum of 90 

calendar days. If the establishment has not been in continual operation 

for a minimum of 90 calendar days, the listing of all injuries and 

occupational illnesses reported to FRA as having occurred at the 

establishment shall be posted, within 30 days after the expiration of 

the month during which the injuries and illnesses occurred, in a 

conspicuous



[[Page 360]]



location at the next higher organizational level establishment, such as 

one of the following: an operating division headquarters; a major 

classification yard or terminal headquarters; a major equipment 

maintenance or repair installation, e.g., a locomotive or rail car 

repair or construction facility; a railroad signal and maintenance-of-

way division headquarters; or a central location where track or signal 

maintenance employees are assigned as a headquarters or receive work 

assignments. These examples include facilities that are generally major 

facilities of a permanent nature where the railroad generally posts or 

disseminates company informational notices and policies, e.g., the 

policy statement in the internal control plan required by Sec. 225.33 

concerning harassment and intimidation. At a minimum, ``establishment'' 

posting is required and shall include locations where a railroad 

reasonably expects its employees to report during a 12-month period and 

to have the opportunity to observe the posted list containing any 

reportable injuries or illnesses they have suffered during the 

applicable period. This listing shall be posted and shall remain 

continuously displayed for the next twelve consecutive months. Incidents 

reported for employees at that establishment shall be displayed in date 

sequence. The listing shall contain, at a minimum, the information 

specified in paragraphs (h)(1) through (14) of this section.

    (1) Name and address of the establishment;

    (2) Calendar year of the cases being displayed;

    (3) Incident number used to report case;

    (4) Date of the injury or illness;

    (5) Location of incident;

    (6) Regular job title of employee injured or ill;

    (7) Description of the injury or condition;

    (8) Number of days employee absent from work at time of posting;

    (9) Number of days of work restriction for employee at time of 

posting;

    (10) If fatality--enter date of death;

    (11) Annual average number of railroad employees reporting to this 

establishment;

    (12) Preparer's name, title, telephone number with area code, and 

signature (or, in lieu of signing each establishment's list of 

reportable injuries and illnesses, the railroad's preparer of this 

monthly list may sign a cover sheet or memorandum which contains a list 

of each railroad establishment for which a monthly list of reportable 

injuries and illnesses has been prepared. This cover memorandum shall be 

signed by the preparer and shall have attached to it a duplicate copy of 

each establishment's list of monthly reportable injuries and illnesses. 

The preparer of the monthly lists of reportable injuries and illnesses 

shall mail or send by facsimile each establishment's list to the 

establishment in the time frame prescribed in paragraph (h) of this 

section.); and

    (13) Date the record was completed.

    (14) When there are no reportable injuries or occupational illnesses 

associated with an establishment for that month, the listing shall make 

reference to this fact.

    (15) The railroad is permitted not to post information on an 

occupational injury or illness that is a privacy concern case.

    (i) Claimed Occupational Illnesses. (1) Each railroad shall maintain 

either the Form FRA F 6180.107, to the extent that the information is 

reasonably available, or an alternate railroad-designed record 

containing the same information as called for on the Form FRA F 

6180.107, to the extent that the information is reasonably available, 

for each illness claimed to be work-related--

    (i) For which there is insufficient information to determine whether 

the illness is work-related;

    (ii) For which the railroad has made a preliminary determination 

that the illness is not work-related; or

    (iii) For which the railroad has made a final determination that the 

illness is not work-related.

    (2) For any case determined to be reportable, the designation 

``illness claimed to be work-related'' shall be removed, and the record 

shall be transferred to the reporting officer for retention and 

reporting in the normal manner.



[[Page 361]]



    (3) In the event the narrative block (similar to Form FRA F 6180.98, 

block 39) indicates that the case is not reportable, the explanation 

contained on that block shall record the reasons the railroad determined 

that the case is not reportable, making reference to the most 

authoritative information relied upon.

    (4) In the event the railroad must amend the record with new or 

additional information, the railroad shall have up until December 1 of 

the next calendar year for reporting accidents/incidents to make the 

update.

    (5) Although the Alternative Record for Illnesses Claimed to be 

Work-Related (or the alternate railroad-designed form) may not include 

all supporting documentation, such as medical records, the alternative 

record shall note the custodian of those documents and where the 

supporting documents are located so that they are readily accessible to 

FRA upon request.



[61 FR 30970, June 18, 1996, as amended at 61 FR 59371, Nov. 22, 1996; 

61 FR 67491, Dec. 23, 1996; 68 FR 10139, Mar. 3, 2003]