Proposed Rule2025-12177
Allowing for the Electronic Posting of Reportable Injuries and Occupational Illnesses
Primary source
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Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This proposed rule would allow railroads to satisfy the requirement of electronically posting a listing of all injuries and occupational illnesses at an establishment. This proposed rule also removes some of the requirements for what information railroads must include in these listings.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28648-28651]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12177]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 225
[Docket No. FRA-2025-0122]
RIN 2130-AD57
Allowing for the Electronic Posting of Reportable Injuries and
Occupational Illnesses
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would allow railroads to satisfy the
requirement of electronically posting a listing of all injuries and
occupational illnesses at an establishment. This proposed rule also
removes some of the requirements for what information railroads must
include in these listings.
DATES: Comments on the proposed rule must be received by September 2,
2025. FRA may consider comments received after that date, but only to
the extent practicable.
ADDRESSES: Comments: Comments related to Docket No. FRA-2025-0122 may
be submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the
online instructions for submitting comments.
Instructions: All submissions must include the agency name, docket
number (FRA-2025-0122), and Regulatory Identification Number (RIN) for
this rulemaking (2130-AD57). All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>; this includes any
personal information. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information related to any submitted comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the
online instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: Michael Wissman, Railroad Safety
Specialist, Part 225, Federal Railroad
[[Page 28649]]
Administration, telephone: 610-314-5729, email:
<a href="/cdn-cgi/l/email-protection#3c51555f545d5950124b554f4f515d527c585348125b534a"><span class="__cf_email__" data-cfemail="bbd6d2d8d3daded795ccd2c8c8d6dad5fbdfd4cf95dcd4cd">[email protected]</span></a>; or Michael C. Spinnicchia, Attorney Adviser,
Federal Railroad Administration, telephone: 202-713-7671, email:
<a href="/cdn-cgi/l/email-protection#c9a4a0aaa1a8aca5e7bab9a0a7a7a0aaaaa1a0a889ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="315c58525950545d1f4241585f5f58525259585071555e451f565e47">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Consistent with the deregulatory agenda of President Donald J.
Trump and Secretary of Transportation Sean P. Duffy, which seeks to
unleash America's economic prosperity without compromising
transportation safety, FRA is reviewing its regulatory requirements in
parts 200 through 299 of Title 49, Code of Federal Regulations (CFR).
The requirements for FRA-regulated entities to report accidents and
incidents meeting certain criteria are established in 49 CFR part 225,
``Railroad Accidents/Incidents: Reports Classification, and
Investigations.'' Some of the requirements contained in part 225 could
be updated to reduce burdens, make technical or conforming changes, or
otherwise adjust to advancing technology, without any adverse effect on
railroad safety. Please review the SECTION-BY-SECTION ANALYSIS below
for the relevant information related to each proposed change.
II. Section-by-Section Analysis
Section 225.25 Recordkeeping
Paragraph (h) of this section requires that railroads post a
listing of all injuries and occupational illnesses reported to FRA ``in
a conspicuous location at that establishment.'' Over the past several
years, several Class I railroads have submitted waivers requesting
permission to satisfy this posting requirement electronically.\1\ FRA
has granted these waivers, and is unaware of any issues that have
resulted from Class I railroads using electronic posting to fulfill
this requirement. Thus, FRA is proposing to allow railroads to post
these injuries and illnesses electronically, if certain conditions are
met.
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\1\ See, e.g. FRA-2018-0083.
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To achieve this objective, FRA proposes to reorganize paragraph
(h). The proposed introductory text of paragraph (h) contains the
general posting requirement. Proposed paragraph (h)(1) states the
length of time and the sequence that information should be posted.
Paragraph (h)(2), which is currently addressed in paragraph (h)(15) of
this section, would state that railroads do not have to post
information on an occupational injury or illness that is a privacy
concern case. New paragraph (h)(3) would contain the list of
information that must be included in this posting. FRA is proposing to
remove some of the current requirements for these postings.
Specifically, FRA proposes removing the requirement in current
paragraph (h)(11) that the posting include the annual average number of
railroad employees reporting to the establishment. FRA also proposes
removing the signature requirement found in current paragraph (h)(12).
Finally, FRA is proposing new paragraph (h)(4) which would allow
railroads to post the listings required under this paragraph in an
electronic format if certain conditions are met. Specifically,
railroads using electronic posting would have to ensure that: employees
are given instructions or training on accessing the electronic posting;
there is a device at the facility employees can use to access the
posting or employees are issued a device that can access the posting;
and supervisors can show the posting to an employee or FRA
representative upon request. These conditions are designed to ensure
that railroad employees have guaranteed access to these postings if a
railroad decides to post this information electronically.
Lastly, FRA will revise the FRA Guide for Preparing Accident/
Incident Reports in accordance with any changes to part 225 finalized
in this rulemaking.\2\
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\2\ <a href="https://railroads.dot.gov/elibrary/fra-guide-preparing-accidentincident-reports-0">https://railroads.dot.gov/elibrary/fra-guide-preparing-accidentincident-reports-0</a>.
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III. Regulatory Impact and Notices
A. Executive Orders (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FRA has considered the impact of this NPRM under E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Regulatory Policies and Procedures. The Office of Information and
Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866. This rule would allow railroads to
electronically post a listing of injuries and occupational illnesses
and would remove some of the requirements for what information
railroads must include in these listings.
FRA analyzed the potential costs and benefits of this proposed
rule. Since this rule would allow railroads to post listings
electronically and would remove some requirements for what must be
included in these listings, benefits would include increased
flexibility and decreased reporting requirements and reduced burden for
railroads. Additionally, this rule would provide further clarity by
making technical or conforming changes, and otherwise adjusting to
advancing technology. Since this rule would not impose any new
requirements, it is not expected to have additional costs.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \3\ Implementation guidance for E.O. 14192 issued by
OMB (Memorandum M-25-20, March 26, 2025) defines two different types of
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O.
14192 regulatory action.\4\
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\3\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067 (Feb. 6, 2025).
\4\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore it would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. While FRA affirms that each amendment
proposed in this NPRM has a cost that is negligible or ``less than
zero'' consistent with E.O. 14912, FRA still requests comment on the
extent of the cost savings for the changes proposed in this NPRM.
C. Regulatory Flexibility Act and E.O. 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. Accordingly, DOT policy requires an
analysis of the impact of all regulations on small entities, and
mandates that agencies strive to lessen any adverse effects on these
businesses. The term small entities comprises small businesses and not-
for-profit organizations that are independently
[[Page 28650]]
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)).
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\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would not preclude small entities
from continuing existing practices that comply with part 225; it merely
offers flexibilities that could result in cost savings, if a small
entity or other regulated entity chooses to utilize those
flexibilities. By extending this regulatory relief, many regulated
entities, including small entities, would experience a cost savings.
Consequently, FRA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FRA
wants to assist small entities in understanding this proposed rule so
they can better evaluate its effects on themselves and participate in
the rulemaking initiative. If the proposed rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult either person listed under FOR FURTHER INFORMATION CONTACT.
D. Paperwork Reduction Act
This proposed rule offers regulatory flexibilities, and there are
no new collection of information requirements contained in this
proposed rule, in accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The recordkeeping and reporting requirements
already contained in part 225 were approved by the Office of Management
and Budget (OMB) on December 5, 2023, and the information collection
requirements thereby became effective when they were approved by OMB.
The OMB approval number is 2130-0500, and OMB approval expires on
December 31, 2026.
E. Environmental Assessment
FRA has analyzed this rule for the purposes of the National
Environmental Policy Act of 1969 (NEPA). In accordance with 42 U.S.C.
4336 and DOT NEPA Order 5610.1C, FRA has determined that this rule is
categorically excluded pursuant to 23 CFR 771.118(c)(4), ``[p]lanning
and administrative activities that do not involve or lead directly to
construction, such as: [p]romulgation of rules, regulations, and
directives.'' This rulemaking is not anticipated to result in any
environmental impacts, and there are no unusual or extraordinary
circumstances present in connection with this rulemaking.
F. Federalism Implications
This proposed rule will not have a substantial effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Thus, in accordance with E.O. 13132,
``Federalism'' (64 FR 43255, Aug. 10, 1999), preparation of a
Federalism Assessment is not warranted.
G. Unfunded Mandates Reform Act of 1995
This proposed rule would not result in the expenditure, in the
aggregate, of $100,000,000 or more, adjusted for inflation, in any one
year by State, local, or Indian Tribal governments, or the private
sector. Thus, consistent with section 202 of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1532), FRA is not required
to prepare a written statement detailing the effect of such an
expenditure.
H. Energy Impact
E.O. 13211 requires Federal agencies to prepare a Statement of
Energy Effects for any ``significant energy action.'' \6\ FRA has
evaluated this proposed rule in accordance with E.O. 13211 and
determined that this proposed rule is not a ``significant energy
action'' within the meaning of E.O. 13211.
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\6\ 66 FR 28355 (May 22, 2001).
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I. E.O. 13175 (Tribal Consultation)
FRA has evaluated this proposed rule in accordance with the
principles and criteria contained in E.O. 13175, Consultation and
Coordination with Indian Tribal Governments, dated November 6, 2000.
The proposed rule would not have a substantial direct effect on one or
more Indian tribes, would not impose substantial direct compliance
costs on Indian tribal governments, and would not preempt tribal laws.
Therefore, the funding and consultation requirements of E.O. 13175 do
not apply, and a tribal summary impact statement is not required.
J. International Trade Impact Assessment
The Trade Agreement Act of 1979 \7\ prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and, where appropriate, that they be the basis for U.S.
standards. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities for U.S. firms doing business
overseas or for foreign firms doing business in the United States.
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\7\ 19 U.S.C. Ch. 13.
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K. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in
the system of records notice, DOT/ALL-14 FDMS, accessible through
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>. To facilitate comment tracking and
response, we encourage commenters to provide their name, or the name of
their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found at <a href="http://regulations.gov">regulations.gov</a>, Docket No. FRA-2025-0122, in the SUMMARY
section of this proposed rule.
List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
The Proposed Rule
For the reasons discussed in the preamble, FRA proposes to amend
part 225 of chapter II, subtitle B of title 49, Code of Federal
Regulations as follows:
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS
0
1. The authority citation for part 225 continues to read as follows:
[[Page 28651]]
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
0
2. Revise Sec. 225.25(h) to read as follows:
Sec. 225.25 Recordkeeping.
* * * * *
(h) Except as provided in paragraph (h)(2) of this section, a
listing of all injuries and occupational illnesses reported to FRA as
having occurred at an establishment shall be posted in a conspicuous
location at that establishment, within 30 days after the expiration of
the month during which the injuries and illnesses occurred, if the
establishment has been in continual operation for a minimum of 90
calendar days. If the establishment has not been in continual operation
for a minimum of 90 calendar days, the listing of all injuries and
occupational illnesses reported to FRA as having occurred at the
establishment shall be posted, within 30 days after the expiration of
the month during which the injuries and illnesses occurred, in a
conspicuous location at the next higher organizational level
establishment, such as one of the following: an operating division
headquarters; a major classification yard or terminal headquarters; a
major equipment maintenance or repair installation, e.g., a locomotive
or rail car repair or construction facility; a railroad signal and
maintenance-of-way division headquarters; or a central location where
track or signal maintenance employees are assigned as a headquarters or
receive work assignments. These examples include facilities that are
generally major facilities of a permanent nature where the railroad
generally posts or disseminates company informational notices and
policies, e.g., the policy statement in the internal control plan
required by Sec. 225.33 concerning harassment and intimidation. At a
minimum, ``establishment'' posting is required and shall include
locations where a railroad reasonably expects its employees to report
during a 12-month period and to have the opportunity to observe the
posted list containing any reportable injuries or illnesses they have
suffered during the applicable period.
(1) This listing shall be posted and shall remain continuously
displayed for the next 12 consecutive months. Incidents reported for
employees at that establishment shall be displayed in date sequence.
(2) Railroads do not have to post information on an occupational
injury or illness that is a privacy concern case.
(3) The listing shall contain all of the following information:
(i) Name and address of the establishment.
(ii) Calendar year of the cases being displayed.
(iii) Incident number used to report case.
(iv) Date of the injury or illness.
(v) Location of incident.
(vi) Regular job title of employee injured or ill.
(vii) Description of the injury or condition.
(viii) Number of days employee was absent from work at time of
posting.
(ix) Number of days of work restriction for employee at time of
posting.
(x) If the employee died, include the date of death.
(xi) The preparer's name, title, and telephone number (including
the area code).
(xii) The date the record was completed.
(xiii) When there are no reportable injuries or occupational
illnesses associated with an establishment for a month, the listing
shall reference this fact.
(4) A railroad may maintain the posting required under paragraph
(h) of this section in electronic format if:
(i) Employees are provided instructions or training on how to
properly access the electronic posting;
(ii) There is a device at the facility which employees may use to
access the posting or employees are issued a device that can access the
posting; and
(iii) Supervisors at the establishment can show the posting to
employees or an FRA representative upon request.
* * * * *
Issued in Washington, DC.
Kyle D. Fields,
Chief Counsel.
[FR Doc. 2025-12177 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-06-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.