[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR225.35]

[Page 382]
 
                        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]

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