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e-CFR Data is current as of November 20, 2009


Title 49: Transportation
PART 225—RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS

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Appendix A to Part 225—Schedule of Civil Penalties1
Section (including computer code, if applicable)ViolationWillful
violation
225.9  Telephonic reports of certain accidents/incidents$1,000$2,000
225.11  Reports of accidents/ incidents2,5005,000
225.12(a):
Failure to file Railroad Employee Human Factor Attachment properly
(1) Employee identified2,5005,000
(2) No employee identified1,0002,000
225.12(b):
(1) Failure to notify employee properly2,5005,000
(2) Notification of employee not involved in accident2,5005,000
225.12(c):
Failure of employing railroad to provide requested information properly1,0002,000
225.12(d):
(1) Failure to revise report when identity becomes known2,5005,000
(2) Failure to notify after late identification2,5005,000
225.12(f)(1):
Submission of notice if employee dies as result of the reported accident2,5005,000
225.12(g):
Willfully false accident statement by employee5,000
225.13  Late reports2,5005,000
225.17(d)  Alcohol or drug involvement2,5005,000
225.23  Joint operations(1)(1)
225.25  Recordkeeping2,5005,000
225.27  Retention of records1,0002,000
225.33:
(1) Failure to adopt the Internal Control Plan2,5005,000
(2) Inaccurate reporting due to failure to comply with the Internal Control Plan2,5005,000
(3) Failure to comply with the intimidation/harassment policy in the Internal Control Plan2,5005,000
225.35  Access to records and reports2,5005,000

1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. A failure to comply with §225.23 constitutes a violation of §225.11. For purposes of §§225.25 and 225.27 of this part, each of the following constitutes a single act of noncompliance: (1) a missing or incomplete log entry for a particular employee's injury or illness; or (2) a missing or incomplete log record for a particular rail equipment accident or incident. Each day a violation continues is a separate offense.

[61 FR 30973, June 18, 1996, as amended at 63 FR 11622, Mar. 10, 1998; 69 FR 30594, May 28, 2004; 73 FR 79702, Dec. 30, 2008]

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