OAR 741-600-0010: Definitions

As used in rules 741-600-0020 to 741-600-0040: (1) “Serious Injury to Persons” means: (a) Injury to a railroad employee sufficient to incapacitate him from performing all of the duties customarily included in the assignment of the employee at the time of injury for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident; or (b) Injury to a person other than an employee, if the injury is sufficient to incapacitate the injured person from following his customary vocation or mode of life for more than 24 hours in the aggregate during the ten days (240 hours) immediately following the accident. (2) “Loss of Human Life” means immediate death or death within 24 hours from the time the accident occurred. (3) “Serious Damage to Property” means damage to property amounting to more than $4,500, including the expense of clearing the wreckage and damage to or loss of freight or baggage, animals, or property of noncarriers on or adjacent to the railroad right-of-way. (4) “Non-Serious Accident” means any accident except those accidents defined in sections (1) through (3) of this rule. (5) “Operation of a Railroad” means: (a) The operation of trains, locomotives or cars and the facilities incidental to their operation, such as tracks, railway stations, depots, freight houses, warehouses, wharfs, and ferries used as an adjunct of train services, etc., when such operation is performed by or under the supervision of the railroad; (b) The maintenance of equipment, roadway, track, structures, or other parts of railway plant, when such maintenance is performed under the supervision of the railroad. Any “serious damage” as defined in section (3) of this rule, to protective devices must be reported to the Department within seven days from such damage; (c) The construction of additions, betterments, or new lines when performed under the supervision of the railroad by forces engaged in the construction, operation or maintenance of existing lines.