Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 69 FR 32438, June 10, 2004.

§ 12.10 Reporting safety-related incidents. ( a ) *Conditions affecting the safety of a project or its works* — ( 1 ) *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 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 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, serious injuries, or rescues* — ( 1 ) *Initial reports.* An applicant or licensee must report to the Regional Engineer any drowning or other incident resulting in death, serious injury, or rescue that occurs at the project 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 incident.
( 2 ) *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, 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. The written report must be verified in accordance with § 12.13.
( ii ) For any death that is not project-related, the applicant or licensee may report the death by providing a copy of an article from print or electronic media or a report from a law enforcement agency, if available.
( 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, serious injuries, or rescues that: ( i ) Involve a project dam, spillway, intake, 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]