C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 225—RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS

49 C.F.R. § 225.19

Primary groups of accidents/incidents

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(a) For reporting purposes reportable railroad accidents/incidents are divided into three groups:

Group I—Highway-Rail Grade Crossing; Group II—Rail Equipment; Group III—Death, Injury and Occupational Illness.

(b) Group I—Highway-rail grade crossing. Each highway-rail grade crossing accident/incident must be reported to the FRA on Form FRA F 6180.57, regardless of the extent of damages or whether a casualty occurred. In addition, whenever a highway-rail grade crossing accident/incident results in damages greater than the current reporting threshold to railroad on-track equipment, signals, track, track structures, or roadbed, that accident/incident shall be reported to the FRA on Form FRA F 6180.54. For reporting purposes, damages include labor costs and all other costs to repair or replace in kind damaged on-track equipment, signals, track, track structures, or roadbed, but do not include the cost of clearing a wreck.

(c) Group II—Rail equipment. Rail equipment accidents/incidents are collisions, derailments, fires, explosions, acts of God, and other events involving the operation of on-track equipment (standing or moving) that result in damages higher than the current reporting threshold to railroad on-track equipment, signals, tracks, track structures, or roadbed, including labor costs and costs for acquiring new equipment and material.

(d) Group III—Death, injury, or occupational illness. Each death, injury, or occupational illness that is a new case and meets the general reporting criteria listed in paragraphs (d)(1) through (6) of this section shall be reported to FRA on Form FRA F 6180.55a, “Railroad Injury and Illness Summary (Continuation Sheet)” if an event or exposure arising from the operation of a railroad is a discernable cause of the resulting condition or a discernable cause of a significant aggravation to a pre-existing injury or illness. The event or exposure arising from the operation of a railroad need only be one of the discernable causes; it need not be the sole or predominant cause. The general injury/illness reporting criteria are as follows:

(1) Death to any person;

(2) Injury to any person that results in:

(i) Medical treatment;

(ii) Significant injury diagnosed by a physician or other licensed health care professional even if it does not result in death, medical treatment or loss of consciousness of any person; or

(iii) Loss of consciousness;

(3) Injury to a railroad employee that results in:

(i) A day away from work;

(ii) Restricted work activity or job transfer; or

(iii) Significant injury diagnosed by a physician or other licensed health care professional even if it does not result in death, medical treatment, loss of consciousness, a day away from work, restricted work activity or job transfer of a railroad employee;

(4) Occupational illness of a railroad employee that results in:

(i) A day away from work;

(ii) Restricted work activity or job transfer;

(iii) Loss of consciousness; or

(iv) Medical treatment;

(5) Significant illness of a railroad employee diagnosed by a physician or other licensed health care professional even if it does not result in death, a day away from work, restricted work activity or job transfer, medical treatment, or loss of consciousness;

(6) Illness or injury that:

(i) Meets the application of any of the following specific case criteria:

(A) Needlestick or sharps injury to a railroad employee;

(B) Medical removal of a railroad employee;

(C) Occupational hearing loss of a railroad employee;

(D) Occupational tuberculosis of a railroad employee;

(E) Musculoskeletal disorder of a railroad employee if this disorder is reportable under one or more of the general reporting criteria; or

(ii) Is a covered data case.

(e) Notice. No later than November 30 of each year, the Administrator will publish a notice on FRA's website announcing the reporting threshold that will take effect on January 1 of the following calendar year.

[39 FR 43224, Dec. 11, 1974] Editorial Note:For Federal Register citations affecting § 225.19, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
Notes of Decisions
Cited in 9 cases, 1983–2020 · leading case: Paul Gunderson v. BNSF Ry. Co., 850 F.3d 962 (8th Cir. 2017).
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Paul Gunderson v. BNSF Ry. Co., 850 F.3d 962 (8th Cir. 2017). · cites it 2× “-9- Gunderson’s lighting complaints as “whining”; (iii) though Babik insisted that Gunderson fill out an injury report after hurting his shoulder at work, see 49 C.F.R. § 225.19 (d) (2015), Beam and Babik were hostile toward him because supervisors’ bonuses depended in part on…”
Michael Koziara v. BNSF Ry. Co., 840 F.3d 873 (7th Cir. 2016). · cites it 2× “The plaintiffs medical expenses were below the applicable threshold, see 49 C.F.R. § 225.19 (e), and though' it is- not entirely clear whether the threshold is applicable to ■physical injuries as distinct from damage to equipment, the rail bed, etc.”
Metro-North Commuter R.R. Co. v. U.S. Dep't of Labor, 886 F.3d 97 (2d Cir. 2018). “See 49 C.F.R. § 225.19 (d). The Official Disability Guidelines ("ODG") and the American College of Occupational and Environmental Medicine Guidelines ("ACOEM"), which Ella consulted when assessing employee injuries, indicated that the injury would likely heal within four to six…”
Pan Am Railways, Inc. v. United States Dep't of Labor, 855 F.3d 29 (1st Cir. 2017). “See 49 C.F.R. § 225.19 (d)(3)(i). When Raye returned to work on October 28, 2011, his superintendent, Jim Quinn, learned about the injury and the missed day.”
United Transp. Union v. Drew Lewis, Sec'y of Transp., 711 F.2d 233 (D.C. Cir. 1983). “See 49 C.F.R. § 225.19 (d) (1980). 43 . See Tr.”
Ry. Labor Executives' Ass'n v. Burnley, 839 F.2d 575 (9th Cir. 1988). “According to 49 C.F.R. § 225.19 (d)(4), a reportable injury is one that requires medical treatment or results in restriction of work or motion for one or more work days, one or more lost work days, termination of employment, transfer to another job or loss of consciousness.”
Assn. of Irritated Residents v. Kern Cnty. Bd. etc. (Cal. Ct. App. 2017). · cites it 6× “; 49 C.F.R. § 225.19 , subd. (a) [primary groups of accidents/incidents].”
California State Legislative Bd. v. Mineta, 272 F.3d 1169 (9th Cir. 2001). “” 49 C.F.R. § 225.19 (d)(2) and (3) (2001).”
Mero v. Nat'l R.R. Adjustment Bd. (W.D. La. 2020). “3 Exceeding the restricted speed coupled with causing an accident where the damages exceed the statutory value listed in 49 C.F.R. § 225.19 (c)—$10,500 in 2015—is a decertifying event by itself.”
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