Oregon Administrative Rules
Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
Division 65 - STATE SAFETY OVERSIGHT OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS THAT DO NOT RECEIVE FEDERAL FUNDING
Section 741-065-0090 - Requirements for Investigating Accidents

(1) Each RTA shall investigate accidents that meet the notification threshold as set forth in OAR 741-065-0078(3). The RTA may use its own staff or a contractor to conduct investigations.

(2) Upon completion of their accident investigation, the RTA shall submit to the SSOA a draft investigation report that includes the causal and contributing factors to the accident, and sets forth a correction action plan, in compliance with OAR 741-065-0072, as necessary or appropriate;

(3) For incidents or occurrences that the SSOA requires be investigated, the investigation may consist of an operator report, supervisor reports, and a review of hours of service records. These documents in combination may be considered the draft investigation report, subject to SSOA review and approval.

(4) If the SSOA concurs with the findings of the draft investigation report, it will be deemed a final report and the SSOA will formally adopt it in writing. If the SSOA does not concur with the findings of the draft investigation report, it may conduct its own investigation or transmit its dissent to the findings and negotiate with the RTA until a resolution on the findings is reached.

(5) The SSOA reserves the right to conduct an independent investigation of any accident at its discretion.

(6) The RTA shall submit to the SSOA for review and approval a copy of its accident investigation procedures. Any subsequent modifications and revisions to the procedure(s) covering RTA accidents must be submitted to the SSOA for review and approval prior to implementation.

(7) The RTA shall cooperate fully during any investigation conducted by the SSOA, FTA or the NTSB. All NTSB findings or recommendations that are adopted by the SSOA shall be implemented by the RTA.