Changes are being made in 49 CFR Part 225, which requires rail employee injuries and illnesses to be reported.

Changes Coming in Railroads' Injury Reporting Duty

The final Federal Railroad Administration rule takes effect June 1, 2011. It eliminates the current requirement that railroads decide within seven days whether a potentially reportable injury was work related.

Several major stakeholders opposed the change, but the Federal Railroad Administration is finalizing a change in its rule, 49 CFR Part 225, that requires railroads' employee injuries and illnesses to be reported. In its final rule, the agency said its new approach will help to ensure that railroads record and thoroughly investigate injuries and illnesses where the employee claims an event or exposure in the work environment was a cause, and the approach both creates an audit trail for such injuries and gives railroads more time to finish the work-related analysis because they no longer will have to decide within seven days whether a potentially reportable injury is work related.

The final rule takes effect June 1, 2011. A number of major stakeholders commented and sought various changes in the earlier proposal.

The rule says in part, "In many cases, injuries and illnesses, and/or the signs and symptoms thereof, manifest in the work environment without the cause(s) being readily apparent. Therefore, a railroad, during its initial seven day investigation, may have determined that an injury or illness was not work-related when additional investigation and time would have shown that the injury or illness was in fact work-related. Consequently, FRA is concerned that some railroads are prematurely attributing the cause of an injury or illness solely to a non-work-related event or exposure occurring outside the work environment. FRA was similarly concerned that some railroads were not investigating pertinent information about employee injuries and illnesses to make an accurate work-relatedness determination. As a result, FRA believes that some railroads may have under-reported employee injuries and illnesses, and, because a Form FRA F 6180.98 was not completed to initially record the injury or illness, no audit trail was created."

The definition in the rule that triggers a railroad's responsibility to create a Form FRA F 6180.98 for is any abnormal condition or disorder of a railroad employee that causes or requires the railroad employee to be examined or treated by a qualified health care professional regardless of whether or not it meets the general reporting criteria in Sec. 225.19(d), and the employee claims that, or the railroad otherwise has knowledge that, the injury or illness is work-related.

Stakeholders warned the original proposal was overly burdensome, unnecessary, and might increase the misclassification of data by capturing too much information. FRA answered that "railroads should already be reviewing all employee claimed or suspected work-related injuries and illnesses. FRA is simply requiring that the railroad document these suspected work-related injuries."

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Analyze Incident Data

    Collect relevant incident data, analyze trends, and generate accurate regulatory reports, including OSHA 300, 300A, and 301 logs, through IndustrySafe’s extensive incident reporting and investigation module.

  • Safety Training 101

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common training questions.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - March 2019

    March 2019


      Not Your Grandpa's Ear Muffs 
      Far Too Many Fatal Falls
      Marijuana in the Workplace
      Ladder Safety Tips
    View This Issue