[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 49CFR225.17]



[Page 359-360]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 225_RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 

 

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 360]]



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]