Or. Admin. Code § 741-060-0090 - Requirements for Investigating Accidents

(1) Each RTA shall investigate accidents that meet the notification thresholds as set forth in OAR 741-060-0079 (2)(a) and (c). The RTA may use its own staff or a contractor to conduct investigations.

(2) Upon completion of their investigation, and within 60 days from the date of the accident, the RTA shall submit to the SSOA a final investigation report. The report must describe the investigation activities, identify the factors that caused or contributed to the accident, and set forth a CAP, in compliance with OAR 741-060-0072, as necessary or appropriate. Along with the final investigation report, the RTA shall supply a copy of written records pertaining to the event that have not been provided prior to issuance of the report and make available for review audio and visual records upon request.

(3) If the RTA cannot complete a final investigation report within 60 days, the RTA must contact the SSOA and request an extension. Extensions will be granted in 15 day increments; only in limited circumstances will the SSOA grant an extension beyond 90 days of the event.

(4) The SSOA will conduct an independent review of the RTA's investigation activities, its findings, especially those of causal and contributing factors, and ensure that the final investigation report is complete and sufficiently addresses the results of the investigation.

(5) The SSOA will issue a written report upon completion of its review.

(6) The SSOA must formally adopt a final investigation report of an accident and transmit the adopted report to the RTA for review and concurrence. If the RTA does not concur with the adopted report, the RTA may submit a written dissent to the report, which the SSOA may include in its report at the discretion of the SSOA.

(7) The SSOA reserves the right to conduct an independent investigation of any accident or other event at its discretion.

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

(9) 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.

Notes

Or. Admin. Code § 741-060-0090

RS 1-1998, f. & cert. ef. 6-19-98; RD 2-2003, f. & cert. ef. 7-17-03; RD 1-2007, f. & cert. ef. 3-7-07; RD 1-2010, f. & cert. ef. 10-25-10; RD 1-2017, amend filed 09/27/2017, effective 9/27/2017; RD 1-2021, amend filed 07/19/2021, effective 7/19/2021

Statutory/Other Authority: ORS 184.619, 192.502, 823.011, 824.045, 824.990, 49 CFR 670, 49 CFR 671, 49 CFR 672, 49 CFR 673, 49 CFR 674 & 49 USC 5329

Statutes/Other Implemented: ORS 183.745 & 824.045