§ 12.10 - Reporting safety-related incidents.

§ 12.10 Reporting safety-related incidents.

Cross Reference

Link to an amendment published at 87 FR 1514, Jan. 11, 2022.

Cross Reference

Link to a correction published at 87 FR 2702, Jan. 19, 2022.

Cross Reference

Link to a correction published at 87 FR 8411, Feb. 15, 2022.

(a) Conditions affecting the safety of a project or its works -

(1) Oral Initial reports. An applicant or licensee must report by email or telephone to the Regional Engineer any condition affecting the safety of a project or projects works, as defined in § 12.3(b)(4). The initial oral report must be made as soon as practicable after that condition is discovered, preferably within 72 hours, without unduly interfering with any necessary or appropriate emergency repair, alarm, or other emergency action procedure.

(2) Written reports. Following the initial oral report required in paragraph (a)(1) of this section, the applicant or licensee must submit to the Regional Engineer a written report on the condition affecting the safety of the project or project works verified in accordance with § 12.13. The written report must be submitted within the time specified by the Regional Engineer and must contain any information the Regional Engineer directs, including:

(i) The causes of the condition;

(ii) A description of any unusual occurrences or operating circumstances preceding the condition;

(iii) An account of any measure taken to prevent worsening of the condition;

(iv) A detailed description of any damage to project works and the status of any repair;

(v) A detailed description of any personal injuries;

(vi) A detailed description of the nature and extent of any private property damages; and

(vii) Any other relevant information requested by the Regional Engineer.

(3) The level of detail required in any written report must be commensurate with the severity and complexity of the condition.

(b) Deaths or , serious injuries., or rescues -

(1) Promptly after becoming aware of Initial reports. An applicant or licensee must report to the Regional Engineer any drowning or other accident incident resulting in death or , serious injury, or rescue that occurs at the project , the applicant or licensee must report that drowning or other accident to the Regional Engineer in writing, including works or involves project operation. The initial report must be made promptly after the incident is discovered, may be provided via email or telephone, and must include a description of the cause and location of the accidentincident.

(2) The written report of any death or serious injury Written reports. Following the initial report required in paragraph (b)(1), the applicant or licensee must submit to the Regional Engineer a written report.

(i) For any death, serious injury, or rescue that is considered or alleged to be project-related

must also describe

, or occurs at the project works, the applicant or licensee must submit to the Regional Engineer a written report that describes any remedial actions taken or proposed to avoid or reduce the chance of similar occurrences in the future

and

. The written report must be verified in accordance with § 12.13.

(

3

ii)

Accidents

For any death that

are

is not project-related

may be reported

, the applicant or licensee may report the death by providing a copy of

a clipping from a newspaper article

an article from print or electronic media or a report from a law enforcement agency, if available.

(

4)

iii) Serious injuries and rescues that are not project-related do not require a written report.

(3) For the purposes of this paragraph (b), project-related includes any deaths

or

, serious injuries

involving a

, or rescues that:

(i) Involve a project dam, spillway, intake,

or power line, or which take place at or immediately above or below a dam.

outlet works, tailrace, power canal, powerhouse, powerline, other water conveyance, or other appurtenances;

(ii) Involve changes in water levels or flows caused by generating units, project gates, or other flow regulating equipment;

(iii) Involve a licensee employee, contractor, or other person performing work at a licensed project facility and are related in whole or in part to the work being performed; or

(iv) Are otherwise attributable to project works and/or project operations.

(4) For the purposes of this paragraph (b), serious injury includes any injury that results in treatment at a medical facility or a response by licensee staff or another trained professional.

[Order 122, 46 FR 9036, Jan. 28, 1981, as amended at 87 FR 1514, Jan. 11, 2022; 87 FR 2702, Jan. 19, 2022; 87 FR 8411, Feb. 15, 2022]