Page:United States Statutes at Large Volume 108 Part 2.djvu/170

 108 STAT. 886 PUBLIC LAW 103-272—JULY 5, 1994 (d) CHANGES IN INSPECTION PROCEDURES.— A railroad carrier may change a rule or instruction of the carrier governing the inspection by the carrier of the locomotives and tenders and locomotive and tender parts and appurtenances of the carrier when the Secretary approves a request filed by the carrier to make the change. § 20703. Accident reports and investigations (a) ACCIDENT REPORTS AND SCENE PRESERVATION. —When the failure of a locomotive, tender, or locomotive or tender part or appurtenance results in an accident or incident causing serious personal injury or death, the railroad carrier owning or operating the locomotive or tender— (1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and (2) when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed. (b) INVESTIGATIONS. — The Secretary shall— (1) investigate each accident and incident reported under subsection (a) of this section; (2) inspect each part affected by the accident or incident; and (3) make a complete and detailed report on the cause of the accident or incident. (c) PUBLICATION AND USE OF INVESTIGATION REPORTS. — When the Secretary considers publication to be in the public interest, the Secretary may publish a report of an investigation made under this section, stating the cause of the accident or incident and making appropriate recommendations. No part of a report may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. CHAPTER 209—ACCIDENTS AND INCIDENTS Sec. 20901. Reports. 20902. Investigations. 20903. Reports not evidence in civil actions for damages. §20901. Reports (a) GENERAL REQUIREMENTS. —Not later than 30 days after the end of each month, a railroad carrier shall file a report with the Secretary of Transportation on all accidents and incidents resulting in injury or death to an individual or damage to equipment or a roadbed arising from the carrier's operations during the month. The report shall be under oath and shall state the nature, cause, and circumstances of each reported accident or incident. If a railroad carrier assigns human error as a cause, the report shall include, at the option of each employee whose error is alleged, a statement by the employee explaining any factors the employee alleges contributed to the accident or incident. (b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing or changing a monetary threshold for the reporting of a railroad

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