[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: 49CFR225.35]



[Page 369]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 225_RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 

 

Sec.  225.35  Access to records and reports.



    (a) Each railroad subject to this part shall have at least one 

location, and shall identify each location, where any representative of 

the Federal Railroad Administration or of a State agency participating 

in investigative and surveillance activities under part 212 of this 

chapter or any other authorized representative, has centralized access 

to a copy of any record and report required under this part, for 

examination and photocopying in a reasonable manner during normal 

business hours.

    (b) Each railroad subject to this part shall also provide to any 

representative of the Federal Railroad Administration or of a State 

agency participating in investigative or and surveillance activities 

under part 212 of this chapter or any other authorized representative 

access to relevant medical and claims records for examination and 

photocopying in a reasonable manner during normal business hours. Such 

representatives shall display proper credentials when requested. Each 

railroad shall identify the locations where a copy of any record and 

report required under this part is accessible for inspection and 

photocopying by maintaining a list of such establishment locations at 

the office where the railroad's reporting officer conducts his or her 

official business. A copy of any record and report required under this 

part shall be accessible within four business hours after the request. 

The Form FRA F 6180.107 or the alternate railroad-designed form need not 

be provided at any railroad establishment within 4 hours of a request. 

Rather, the Form FRA F 6180.107 or the alternate railroad-designed form 

must be provided upon request, within five business days, and may be 

kept at a central location, in either paper or electronic format. FRA 

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

to provide the requested documentation when circumstances outside the 

railroad's control preclude it from fulfilling the four-business-hour 

time limit and the railroad has made a reasonable effort to correct the 

problem. Should a railroad assert a legal privilege with respect to 

certain claims and medical records, failure to provide FRA access to 

such records would not constitute a violation of this section. FRA 

retains the right to issue a subpoena to obtain such records under 49 

U.S.C. Sec. Sec.  20107 and 20902 and Sec. Sec.  209.7(a) and 225.31(b) 

of this title, and the railroad may contest that subpoena.



[61 FR 30972, June 18, 1996, as amended at 61 FR 59371, Nov. 22, 1996; 

68 FR 10139, Mar. 3, 2003]