Safety Legislation Update
Issue 72
July 2014
Authors:
Wayne Murphy CMIOSH
Risk Communications Specialist
RSSB
Block 2, Angel Square
1 Torrens Street
London EC1V 1NY
020 3142 5494
wayne.murphy@rssb.co.uk
Railway Safety Legislation Update; No.72; July 2014
Michal Jordan
Team Organiser
RSSB
Block 2, Angel Square
1 Torrens Street
London EC1V 1NY
020 3142 5477
michal.jordan@rssb.co.uk
Foreword
This Safety Legislation Update has been compiled by RSSB following consideration by the
Railway Safety Legislation Committee. Its aim is to identify emerging and revised health and
safety legislation and supporting documents, which may affect the members of the railway
industry. The update is not a definitive list of legislation and only represents the knowledge
available at the time of going to print. The update is revised quarterly. No representations
are made as to the accuracy and completeness of the information provided.
How to use this update
The Legislation implementation and update status table
This provides details on the proposed implementation dates of the updated/new legislation
contained in this update together with a column showing whether the entry has been
updated or is new to this issue.
Entries and updates

New entries to the update are identified as such in their titles

Significant changes to entries since the previous issue have been identified with a 15%
shading.

Each entry is dated at the end with the month that the entry was last updated.

Entries in the update are deleted once they become law.
Railway Safety Legislation Committee – Terms of Reference
The purposes of the Railway Safety Legislation Committee (RSLC) are to:

Alert RSSB members to actual and potential changes to safety related legislation likely to
impact on their operations or business; and

Seek to influence and respond in such a way as to ensure that RSSB member interests
are recognised, promoted and protected.
The RSLC will:

Disseminate early indications and subsequent information regarding legislative proposals
concerning operational or occupational safety or the management/ reporting thereof.
This includes European, UK national and rail industry specific legislation;

Identify and consider the implications of such proposals for the UK rail industry
Inform and/or review RSSB activity in promoting/protecting its members’ interests in
seeking to influence and/or responding to such proposals.1 This may include preparing
and making available to members template responses to formal consultations;

Where appropriate set up working parties or authorise the engagement of specialists to
assist in meeting the above objectives; and

Approve the text of the quarterly Safety Legislation Update.
1. The position adopted by RSSB will be in the interests of overall safety in the industry but should not be seen as
necessarily representing the views of all individual members
Railway Safety Legislation Update; No.72; July 2014
2
Contents
Foreword
2
How to use this update
2
Railway Safety Legislation Committee – Terms of Reference
2
Contents
3
Abbreviations and acronyms
4
Related websites
5
Legislation Implementation and update status
6
Section 1. Railway Specific Legislation –
7
Safety Performance Working Group – Common Safety Indicators & Common Safety Targets 8
Regulation on the Common Safety Methods – Risk Evaluation & Assessment
10
Regulation on the Common Safety Methods – Conformity Assessment
12
Regulation on the Common Safety Methods – Monitoring & Supervision
14
The Fourth Railway Package
15
Section 2. General Legislation
CD241 - Proposal to review HSE’s Approved Codes of Practice (ACOPs)
17
20
CD261 - Proposal to replace the Construction (Design and Management) Regulations 2007
and withdraw the associated ACOP L144
23
CD273 - Proposal to exempt certain self- employed people from health and safety law - New24
Section 3. Other railway related consultations
Consultation on the proposal to withdraw the Railway Safety (Miscellaneous Provisions)
Regulations 1997, Railway Safety Regulations 1999 and Railway Safety (Miscellaneous
Amendments) Regulations 2001- New
Section 4. News
25
26
27
News
28
Key Diary Dates
31
Court Cases
31
Railway Safety Legislation Update; No.72; July 2014
3
Abbreviations and acronyms
ACOP
Approved Code of Practice
ACSH
Advisory Committee on Safety and Health at Work
ATOC
Association of Train Operating Companies
CER
Community of European Railways
CSI
Common Safety Indicator
CSM
Common Safety Method
CST
Common Safety Target
DfT
Department for Transport
ECM
Entity in Charge of Maintenance
EMF
Electro-Magnetic Fields
ERA
European Railway Agency
HSE
Health and Safety Executive
HSWA
Health & Safety at Work Act
IAB
Impact Assessment Board
ICNIRP
International Commission on Non-Ionising Radiation Protection
IM
Infrastructure Manager
MoJ
Ministry of Justice
NSA
National Safety Authority
NRV
National Reference Value
NTR
National Technical Rule
ORR
Office of Rail Regulation
RE&A
Risk Evaluation and Assessment
RIDDOR
Reporting of injuries, diseases and dangerous occurrences Regulations 1995
RISC
Railway Interoperability & Safety Committee
ROGS
Railways & Other Guided Transport Systems
RSD
Railway Safety Directive
RSSB
Rail Safety and Standards Board
RU
Railway Undertaking
SPG
Safety Policy Group
SPWG
Safety Performance Working Group
TSI
Technical Specification for Interoperability
Railway Safety Legislation Update; No.72; July 2014
4
Related websites
ATOC
www.atoc.org
BIS
https://www.gov.uk/government/organisations/depart
ment-for-business-innovation-skills
DCLG
https://www.gov.uk/government/organisations/depart
ment-for-communities-and-local-government
DEFRA
https://www.gov.uk/government/organisations/depart
ment-for-environment-food-rural-affairs
DfT
https://www.gov.uk/government/organisations/depart
ment-for-transport
European Commission
http://ec.europa.eu/index_en.htm
ERA
www.era.europa.eu/Pages/Home.aspx
Government News Network
http://www.knowledgeview.co.uk/node/10
HSE
www.hse.gov.uk
Law Commission
http://www.justice.gov.uk/lawcommission/index.htm
Network Rail
www.networkrail.co.uk
ORR
www.orr.gov.uk
RAIB
www.raib.gov.uk
RSSB
www.rssb.co.uk
Scottish Law Commission
http://www.scotlawcom.gov.uk
UIC
www.uic.org/
Ministry of Justice
https://consult.justice.gov.uk/
Railway Safety Legislation Update; No.72; July 2014
5
Legislation Implementation and update status
Legislation
Implementation date Updated in
(where known)
this issue?
RAILWAY SPECIFIC LEGISLATION
Safety Performance Working Group – Common Safety Indicators &
Common Safety Targets
2nd set of CSTs
introduced Apr 2011

Regulation on the Common Safety Methods
– Risk Assessment & Evaluation
July 2012 & May
2015

Regulation on the Common Safety Methods
– Conformity Assessment
January 2011

Regulation on the Common Safety Methods
– Monitoring & Supervision
June 2013

The Fourth Railway Package
Unknown

Electro-Magnetic Fields Directive
October 2013
CD241 – Proposal to review HSE’s Approved Codes of Practice
By the end of 2013
CD261 – Proposal to replace the Construction (Design and
Management) Regulations 2007
Unknown



CD273 – Proposal to exempt certain self-employed people from
health and safety law
Unknown
New
Unknown
New
GENERAL LEGISLATION
OTHER RAILWAY RELATED CONSULTATIONS
Consultation on the proposal to withdraw the Railway Safety
(Miscellaneous Provisions) Regulations 1997, Railway Safety
Regulations 1999 and Railway Safety (Miscellaneous Amendments)
Regulations 2001
Railway Safety Legislation Update; No.72; July 2014
6
Section 1. Railway Specific Legislation –
Railway Safety Legislation Update; No.72; July 2014
7
Safety Performance Working Group – Common Safety Indicators &
Common Safety Targets
BACKGROUND
The Railway Safety Directive (2004/49/EC) requires that ERA sets Common Safety Targets
(CSTs) for each member state. Member states are required to provide Common Safety
Indicators (CSIs) data to ERA on an annual basis (as per Annex 1 of the Safety Directive).
MAIN PROVISIONS

Common Safety Indicators (CSIs)
These are designed to produce agreed methods to calculate safety levels in every
member state so that safety can be monitored during the introduction of all other
European safety measures. As with CSTs, the aim of CSIs is to make sure that levels of
safety remain consistent, or improve during the changes that are being made.
The agreed indicators are collected by the national safety authorities and delivered to the
Agency. They are published on the Agency web site and amongst other things, allow
accurate reporting for member states to show that they have achieved their CSTs.
The CSIs are primarily used to assess performance against the CSTs and NRVs,
although additional information is collected, for example on accident precursors and
accident costs.
The regulation implementing the CSI directive in the UK came into force on 26 August
2011.

Common Safety Targets (CSTs)
These are intended to ensure that safety performance is not reduced in any Member
State during the period in which changes required by other directives are being made.
Given the considerable variation in safety performance across the EU at present single
CSTs would not enable individual member states’ performance to be measured so
National Reference Values (NRV) were introduced. NRVs are set at individual member
state level and member state safety performance will be assessed annually against
them. In future the CSTs may be used to set pan-European targets so as to harmonise
safety performance in order to support further market liberalisation.
NRVs and CSTs are expressed in terms of fatalities and weighted serious injuries
(FWSI) normalised by a measure of exposure, such as train km, and cover six areas:
passengers, workforce, unauthorised persons, level crossing users, others, and whole
society.
The second set of CSTs/NRVs were established by an EC decision of 23 April 2012.
CURRENT STATUS
The amended Safety Directive 2014/88/EU was issued on the 11 July 2014 in the Official
Journal
of
the
European
Union
see
http://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=OJ:JOL_2014_201_R_0005.
Annexe 1 of the amended Safety Directive contains a list of new CSIs that are to be used for
reporting 2014 CSI data 
1.2. ‘unauthorised persons on railway premises’ has been replaced by ‘trespasser’.

‘Other’ (killed and seriously injured persons) has been separated into ‘other person at a
platform’ and ‘other person not at a platform’.
Railway Safety Legislation Update; No.72; July 2014
8

3. The CSI relating to suicides now includes attempted as well as actual suicides.

4.4. Two rather than one category of SPAD to be reported – SPAD when the train
stopped before getting beyond the danger point and SPAD when the train passed or met
the danger point. This information can be gathered from the risk ranking of the SPAD.

5. Safety authorities shall report the economic impact of significant accidents. Previously
NSAs had the choice of reporting the economic impact of all accidents or just significant
accidents. When calculating the costs of casualties, fatalities and serious injuries shall be
considered separately. Fatalities and serious injuries now have a different Value of
Preventing a Casualty (VPC).

6.2. Indicators relating to the technical safety of infrastructure and its implementation.
The number of categories of level crossing has been reduced from 8 to 5.

7. ‘Indicators related to the management of safety’ has been deleted.
Some NSAs have expressed their concern about their ability to collect the data in the new
format from January 2015.
The changes to Annex 1 will mean change will have to be made to ROGS. DfT intend to
implement a simple change to the regulations and won’t be carrying out a consultation.
The EC has been revising Regulation 91/2003 (Eurostat). A number of new indicators have
been proposed by the European Parliament including number of level crossing accidents not
caused by trains, number of dangerous goods incidents and statistics on ERTMS lines. ERA
do not consider these proposals to be compatible with the current Annex 1.
After considerable debate at the May 2014 SPWP, it was decided to keep the financial
threshold for the reporting of significant incidents at €150,000.
A new working group considering level crossing safety from both a rail and road perspective
has been established under the umbrella of United Nations Economic Commission for
Europe (UNECE). UIC, NSAs and ERA are part of the group. The group is preparing an
action plan for improving level crossing safety uniting both road and rail IMs.
RAILWAY INDUSTRY POSITION
Please pass suggestions for changes to Annex 1 to George Bearfield
george.bearfield@rssb.co.uk ; CER Deputy, or Peter Moran peter.moran@orr.gsi.gov.uk;
UK rail representative. So they can be logged with ERA for consideration by Safety
Performance Working Party; or
Please pass suggestions for changes to the method of assessing performance against
CSTs/NRVs to Marcus Dacre marcus.dacre@rssb.co.uk for consideration by the CST Task
Force.
OTHER INFORMATION
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
9
Regulation on the Common Safety Methods – Risk Evaluation &
Assessment
BACKGROUND
The Railway Safety Directive (2004/49/EC) requires that a series of Common Safety
Methods (CSMs) are developed by the ERA to describe how safety levels, achievement of
safety targets and compliance with other safety requirements are assessed in the different
member states.

Original Regulation
The CSM on Risk Evaluation & Assessment (CSM RA) was developed according to
Article 6(3) (a) of Directive 2004/49/EC (Safety Directive). The Regulation has applied
since 1 July 2012 to all significant changes to the railway system – ‘technical’
(engineering), operational and organisational. The Regulation can be found here:
http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:108:0004:0019:EN:PDF

Revised Regulation
Following the work of the CSM RA working group and its task forces, in January 2013, a
revised version of the Regulation was adopted by the Railway Interoperability & Safety
Committee (RISC). The revised version was published in the Official Journal of the
European Union on 3 May 2013 and will apply from 21 May 2015. The principal
amendments relate to the recognition and accreditation of Assessment Bodies. The
revised Regulation can be found here: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:121:0008:0025:EN:PDF
The ORR guidance will be amended in due course.
CURRENT STATUS
 Risk Assessment Criteria
ERA held a RAC-TS workshop on the results of the validation exercise of its proposals on
1-2 April. It has asked the sector to address 5 questions:
1) To what technical systems do RAC-TS apply?
2) To what functional level do they apply the RAC-TS and what are possible rules to
break down technical systems into such functions?
3) What should be the consequence/severity categories to be included in the final
recommendation (both number of categories, their values and the text of the
category)?
4)
Propose a validation of the different categories according to point 3) on examples of
functions of TS to support the acceptance of the categories.
5) What requirements related to barriers need to be included in the regulatory text and
what can be put later on in a Guideline?
If a coordinated view is achieved, the proposals will be considered further by NSAs/ ERA.
 RAC for rail transport of dangerous goods
The EC held a workshop on 14 February to present the results of a study by Det Norske
Veritas Ltd on the development of harmonised RAC for the transport of dangerous goods.
ERA is working with UNECE and OTIF to development a risk based approach to the
management of dangerous goods transport.
Railway Safety Legislation Update; No.72; July 2014
10
RAILWAY INDUSTRY POSITION
In July 2014 RSSB will be publishing on their website –
 The New Taking Safe Decisions guidance document
 Guidance document on “The use of cost-benefit analysis when determining whether a
measure is necessary to reduce risk so far as is reasonably practicable (SFAIRP)”.
 A suite of supporting worked examples
The new material will be published on the revised Taking Safe Decisions Page:
http://www.rssb.co.uk/risk-analysis-and-safety-reporting/risk-analysis/taking-safe-decisions
RSSB welcomes any feedback you have on these documents, please forward any
comments to risk@rssb.co.uk.
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
11
Regulation on the Common Safety Methods – Conformity
Assessment
BACKGROUND
The Railway Safety Directive (2004/49/EC) requires that a series of Common Safety
Methods (CSMs) are developed by the ERA to describe how safety levels, achievement of
safety targets and compliance with other safety requirements are assessed in the different
member states.
The CSMs on Conformity Assessment have been developed according to Article 6(3) (b) of
Directive 2004/49/EC (Safety Directive).
The CSM for assessing conformity with the requirements for obtaining railway safety
certificates was published on the 10 December 2010 and came into force across Europe on
3 January 2011. It can be found here: http://www.era.europa.eu/DocumentRegister/Documents/Regulation_1158_2010-CSM_on_Conformity_assessment.pdf
The CSM for assessing conformity with the requirements for obtaining railway safety
authorisations was published on the 11 December 2010 and came into force across Europe
on 3 January 2011. It can be found here: http://www.era.europa.eu/DocumentRegister/Documents/Regulation_1169_2010-CSM_on_Conformity_assessment.pdf
MAIN PROVISIONS
The CSMs on conformity assessment sets out the criteria that National Safety Authorities
(NSAs) will use to assess railway undertakings and infrastructure managers safety
management systems (SMS) and network specific requirements. In order to be granted
access to the infrastructure, a railway undertaking and infrastructure manager must hold a
safety certificate or authorisation respectively. The package will contain the following
elements:

Safety Certification Part A – SMS Assessment Criteria and Procedures;
– This is a standard European Certificate – designed to be transferable between
member states.

Safety Certification Part B – Harmonised Requirements, Assessment Criteria and
Procedures;
– This is a network-specific certificate to be issued to cover the particular requirements
of a member state’s network.

Safety Authorisation – SMS Assessment Criteria and Procedures, network specific
Harmonised Requirements, Assessment Criteria and Procedures;
– This is guidance and criteria for the assessment of safety authorisations for
infrastructure managers.
CURRENT STATUS
The ERA has published publish guidance to NSAs on Issuing a Safety Certificates and
Authorisations. This new guidance is intended to be a pragmatic approach to issuing Safety
Certificates. Although there is little within it to change how the ORR work in the UK, there are
some clarifying points relating to Part B certificates and new routes, and railway
undertakings working under other railway undertakings certificates. The new guidance can
be found here: http://www.era.europa.eu/Document-Register/Documents/ERA-GUI-11-2013SAF_Guidance%20on%20issuing%20SC%20and%20SA%201%203%20%20DG%20MOVE%20approval-clean.pdf
Railway Safety Legislation Update; No.72; July 2014
12
OTHER INFORMATION
New Guidance on the Assessment Criteria for non-mainline safety certificates and
safety authorisations under ROGs
Following changes to The Railways and Other Guided Transport Systems (Safety)
Regulations 2006 ORR has taken the opportunity to revise the assessment criteria for nonmainline safety certificates and safety authorisations. The aim is to reduce duplication by
having criteria that are applicable to both infrastructure managers and transport undertakings
together in one place. ORR published new guidance in March 2014, and can be found here:
http://orr.gov.uk/__data/assets/pdf_file/0019/11719/non-mainline-rogs-certificatesguidance.pdf
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
13
Regulation on the Common Safety Methods – Monitoring &
Supervision
BACKGROUND
The Railway Safety Directive requires that a series of Common Safety Methods (CSMs) are
developed by the ERA to describe how safety levels, achievement of safety targets and
compliance with other safety requirements are assessed in the different member states.
CSMs on Monitoring and Supervision have been developed according to Article 6(3) (c) of
Directive 2004/49/EC (Safety Directive). The Regulations were published in the official
journal on 17 November 2012 and apply from 7 June 2013.
Regulation 1078/2012 CSM on monitoring can be found here:
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:320:0008:0013:EN:PDF
http://eur-
Regulation 1077/2012 CSM on Supervision can be found here:
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:320:0003:0007:EN:PDF
http://eur-
MAIN PROVISIONS
These CSMs define, as far as they are not yet covered by TSIs, methods to check that the
structural subsystems are operated and maintained in accordance with the essential
requirements.
Monitoring - refers to tasks undertaken by Transport Operators to ensure compliance with
their SMS
Supervision - refers to activities by NSAs to check Transport Operators
CURRENT STATUS
ERA has produced a position paper outlining their proposals for amendment of the CSM on
Conformity Assessment and the CSM supervision. The paper can be found here http://www.era.europa.eu/Document-Register/Documents/ERA-REP-109%20V1.0-clean.pdf
The paper sets out an analysis of the application of the Common Safety Method (CSM) for
assessing conformity with the requirements for obtaining railway safety certificate, the CSM
for assessing conformity with the requirements for obtaining a railway safety authorisation
and the CSM on supervision. This analysis is required to support the Mandate from the
Commission agreed by Rail Interoperability and Safety Committee that the CSMs need to be
reviewed and revised in order to ensure that a more consistent approach across NSAs is
adopted.
RAILWAY INDUSTRY POSITION
The CSM is seen as high level and fits well with the current practices of the ORR and duty
holders, including ORR’s Risk Management Maturity Model (RM3): http://www.railreg.gov.uk/upload/pdf/management-maturity-model.pdf
OTHER INFORMATION
In August 2013 RSSB published Safety Assurance guidance to assist transport operators
with the CSM for monitoring requirements. The document can be found here:
http://www.rssb.co.uk/NP/SMS/Documents/50817%20Safety%20Assurance%20Guide%20H
ARDCOPY%20V12%20WEB.PDF
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
14
The Fourth Railway Package
BACKGROUND
The European Commission published proposals for the ‘Fourth Railway Package’ on 31
January 2013.
The package is a complex series of proposals, summarised at:
http://ec.europa.eu/commission_2010-2014/kallas/headlines/news/2013/01/fourth-railwaypackage_en.htm.
There are three main components to the technical pillar of the package, where new
proposals for safety legislation are put forward:
•
Interoperability Directive:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0030:FIN:EN:PDF
•
Safety Directive:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0031:FIN:EN:PDF
•
Agency Regulation:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0027:FIN:EN:PDF
MAIN PROVISIONS
The proposals in the Fourth Railway Package focus on four key areas, summarised by the
Vice-President of the European Commission in charge of transport as:

Standards and approvals that work:
The Commission wants to cut the administrative costs of rail companies and facilitate the
entrance of new operators into the market. Under the new proposals, ERA will become a
“one stop shop”, issuing EU wide vehicle authorisations for placing on the market as well
as EU wide safety certificates for operators. Currently vehicle authorisations and safety
certificates are issued by each Member State. The stated expectation is that these
proposed measures would allow a 20% reduction in the time to market for new railway
undertakings and a 20% reduction in the cost and duration of the authorisation of rolling
stock, leading overall, to a saving for companies of €500 million by 2025.

Better quality and more choice through allowing new players to run rail services:
To encourage innovation, efficiency and better value for money, the Commission is
proposing that domestic passenger railways should be opened up to new entrants and
services from December 2019. Companies will be able to offer domestic rail passenger
services across the EU: either by offering competing commercial services or through
bidding for public service rail contracts, which account for a majority (over 90%) of EU
rail journeys and will become subject to mandatory tendering. The stated expectation is
that these proposals would bring clear benefits to passengers in terms of improved
services, increasing choice that, combined with structural reforms, could by 2035
produce more than €40 billion of financial benefits for citizens and companies involved
and would allow provision of up to an estimated 16 billion additional passenger-km.

A structure that delivers:
To ensure that the network is developed in the interests of all players, and to maximise
operational efficiencies, the Commission is proposing to strengthen infrastructure
managers so that they control all the functions at the heart of the rail network – including
infrastructure investment planning, day-to-day operations, maintenance and timetabling.
Faced with numerous complaints from users, the Commission considers that the
infrastructure managers must have operational and financial independence from any
Railway Safety Legislation Update; No.72; July 2014
15
transport operator running the trains. This is essential to remove potential conflicts of
interest and give all companies access to tracks in a non-discriminatory way. It is stated
that, as a general rule, the proposal confirms institutional separation as the simplest and
most transparent way to achieve this. Rail undertakings independent of infrastructure
managers will have immediate access to the internal passenger market in 2019.
However, the Commission can accept that a vertically integrated or “holding structure”
may also deliver the necessary independence, with strict firewalls to ensure the
necessary, legal, financial and operational separation.
Compliance Verification Clause: To safeguard this independence, in view of full
passenger market opening in 2019, rail undertakings forming part of a vertically
integrated structure could be prevented from operating in other Member States if they
have not first satisfied the Commission that all safeguards are in place to ensure a level
playing field in practice, and a fair competition is possible in their home market.

A skilled workforce:
A vibrant rail sector depends on a skilled and motivated workforce. Over the next 10
years, rail will face the combined challenges of attracting new staff to replace the third of
its workforce which will retire, while responding to a new and more competitive
environment. Experience in Member States which have opened their markets shows this
should lead to new and better jobs. Under the EU regulatory framework, Member States
will have the possibility to protect workers by requiring new contractors to take them on
when public service contracts are transferred, going beyond the general EU
requirements on transfers of undertakings.
CURRENT STATUS
The ERA Regulations have reached the general approach text stage meaning that both
Directives and Regulations should be in a position to be discussed properly and their
interfaces mapped through the “trilogue” process, which will continue until at least autumn
2014. Indications from DfT, who lead the UK consultation, are that positive changes are
being made, in line with comments provided by ATOC and members.
MEP Michael Cramer (Greens/EFA) was appointed on 7 July as the new Chair for the TAN
Committee (the Parliamentary reviewers of the Fourth Railway Package). MEP Cramer, has
previously been working on these, so it is hoped that he can continue to understand the
concerns and drive forwards a pragmatic solutions. The first meeting was timetabled for
22 July.
RAILWAY INDUSTRY POSITION
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
16
Section 2. General Legislation
Railway Safety Legislation Update; No.72; July 2014
17
Electro-Magnetic Fields Directive (2004/40/EC amended by
2008/46/EC)
BACKGROUND
This is the third Directive of the suite of physical agents’ Directives. Directive 2004/40/EC
was published in 2004, but was never fully transposed by member states (including the UK)
on the advice of the Commission.
On 29 June 2013, the European Commission repealed Directive 2004/40/EC and published
Directive 2013/35/EU on the minimum health and safety requirements regarding the
exposure of workers to the risks arising from physical agents (electromagnetic fields) (20th
individual Directive within the meaning of Article 13(1) of Directive 89/391/EEC). The
published document is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:179:0001:0021:EN:PDF.
Member states have been given up until to 1st July 2016 to transpose the Directive into
national law, although no date is currently available for UK implementation.
MAIN PROVISIONS
Provisions cover risk assessments; control of exposure (with laid down action values and
exposure limit values); health surveillance and information, instruction and training.
The Directive addresses the protection of workers exposed to electromagnetic fields and the
carrying out of effective and efficient risk assessments, proportional to the situation
encountered at the workplace.
It also defines a protection system that graduates the level of risk in a simple and easily
understandable way and commits the European Commission to producing practical
guidelines to assist employers in meeting their obligations under the Directive. The Directive
contains technical annexes setting out the exposure limit values. Member States have the
option of maintaining or adopting more favourable provisions for the protection of workers, in
particular the fixing of lower values for the “action levels” or the “exposure limit values” for
electromagnetic fields.
CURRENT STATUS
HSE, on behalf of the UK, will continue working with stakeholders to ensure that all
legislative requirements are addressed. Although a significant number of requirements could
already be seen as already incorporated into UK law through the Management of Health and
Safety at Work Regulations 1999, the final structure of any new legislation is still being
determined.
The EU will publish a Practical Guide early in 2016, (which is being written under contract by
Public Health England) supporting the Directive. HSE are working with stakeholders to
develop some practical guidance required to support UK implementation will also be
available.
RAILWAY INDUSTRY POSITION
RSSB and LUL representatives will continue to participate in the transposition process,
development of UK guidance and attend industry meetings to confirm the railway’s position
that the legislation should be proportionate to the risk.
Railway Safety Legislation Update; No.72; July 2014
18
The Vehicle Train Energy System Interface Committee has commissioned further research
to update the work done under RSSB research project T515 in light of the revised Directive,
and to determine if further work is needed. Project T1051 – Investigation into the effects of
applying the Physical Agents (EMF) Directive in the UK railway system has recently
commenced.
For further information please contact the project technical lead – David Knights:
david.knights@rssb.co.uk.
OTHER INFORMATION
An RSSB report into the implications of the original Directive is available here:
http://www.rssb.co.uk/SiteCollectionDocuments/pdf/reports/research/T515_rpt_final.pdf.
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
19
CD241 - Proposal to review HSE’s Approved Codes of Practice
(ACOPs)
BACKGROUND
On 28 November 2011 Professor Ragnar Löfstedt published his independent review of
health and safety legislation ‘Reclaiming health and safety for all’. The review reported that
overall a wide range of stakeholders supported the principles of ACOPs; however, it was felt
by many that there was room for improvement.
In his report Professor Löfstedt made the following recommendation: “HSE should review all
its ACOPs”. The Government accepted this recommendation and asked HSE to review its
52 ACOPs.
MAIN PROVISIONS
ACOPs are not law but do hold a special legal status (quasi-legal). By adhering to the advice
in ACOPs material in relevant circumstances duty holders can be confident they are
complying with the law.
HSE is currently reviewing its guidance and presenting it to users in increasing levels of
detail and specificity. These levels of guidance are arranged as follows:

Level 1 – Health and Safety Made Simple and the revised Essentials of Health and
Safety

Level 2 – The ‘brief guide to…’ hazard based leaflets which explain risks in more detail
and provide information on effective control

Level 3 – Guidance which goes into more detail and often includes case studies. This
includes:
a) Industry Guidance (INDGs) which are industry or topic based guidance leaflets aimed
at employers and workers.
b) Health and Safety Guidance (HSGs) which provide more comprehensive, detailed
advice often including case studies and can be either topic or sector based.

Level 4 – Legal series guidance which present Regulations, AcoP advice and guidance
This review aims to make sure that HSE’s portfolio of guidance is useful and balanced;
making it easier for employers to understand and therefore meet their legal responsibilities.
CURRENT STATUS
HSE has conducted an initial review of 32 of its 52 ACOPs. The remaining 20 ACOPs are
associated with ongoing sector specific consolidations or other regulatory amendments and
will be reviewed in the course of the delivery of those processes. Only the ACOPs relevant
to the rail industry are listed in the following table:
Railway Safety Legislation Update; No.72; July 2014
20
Section 1 – Proposals to revise, consolidate or withdraw ACOPs; to be delivered by end-2013
The initial review identified 15 ACOPs that HSE proposes to revise, consolidate or withdraw. If agreed
these proposals will be taken forward by the review for delivery by the end of 2013 – All completed
Section 2 – Proposals to make minor revisions or no changes – to be delivered by end-2014
The initial review identified 15 ACOPs where HSE proposes to make minor revisions or no changes.
Subject to the outcome of the consultation, these changes will be taken forward separately to the
review for delivery by end-2014. All are CD241 unless stated
http://consultations.hse.gov.uk/consult.ti/cd241/viewCompoundDoc?docid=66420&partid=67572&sessi
onid=&voteid=&clientuid=194529
Consultation
Proposal and HSE consultation page
Lifting equipment
CD241 - Retained and revised, contents update their
contents and make it clearer what duty holders can do
to comply with legal requirements.
L113 Safe use of lifting equipment
Confined spaces
L101 Safe work in confined spaces
Pressure systems
L122 Safety of pressure systems
Hazardous substances
L132 Control of lead at work
Worker involvement
Consultation
Status
Consultation
not open yet
CD241 - Retained and revised, contents update their
contents and make it clearer what duty holders can do
to comply with legal requirements.
Consultation
not open yet
CD241 - ACOP is retained and minor amendments
made to make it easier for duty holders to understand
what they can do to comply with legal requirements.
Consultation
not open yet
CD241 - ACOP is retained and amended to reflect
changes to relevant legislation, remove material that
duplicates guidance now made available on the HSE
website and make it clearer what duty holders can do
to comply with legal requirements where required.
Consultation
not open yet
CD241 - It is proposed that no changes are required
for this ACOP at this time.
Consultation
not open yet
Railway Safety Legislation Update; No.72; July 2014
21
Annex 2 – ACOPs not reviewed due to ongoing sector specific consolidations of legislation or other
regulatory amendments
20 ACOPs have not been reviewed at this time as they are associated with ongoing sector specific
consolidations or other regulatory amendments and will be reviewed in the course of the delivery of
those processes.
Consultation
Proposal and HSE Consultation page
Consultation
status
Construction
Consultation CD261 closed. Details of the proposal
can be found here http://consultations.hse.gov.uk/gf2.ti/f/19170/525317.1/
PDF/-/cd261r.pdf
Consultation CD256 closed. Details of the proposal
Consultation
ended on
06/06/2014
L144 Managing health and safety in
construction
Explosives
L139 Manufacture of storage of
explosives
can be found here -
Flammable substances
Consultation CD264 closed, Details of the proposal
can be found here -
L93 Approved tank requirements – The
provisions for bottom loading and
vapour
recovery petrol
systems
of road
mobile
L133 Unloading
from
containers
carrying petrol
tankers
COP6 Petroleum-spirit (plastic
containers)
Radiation Regulations 1982
http://www.hse.gov.uk/consult/condocs/cd256.htm
Consultation
ended on
24/09/2013
http://www.hse.gov.uk/consult/condocs/cd264.htm
Consultation
ended on
07/02/2014
No information available
N/A
OTHER INFORMATION
The ACOP review process is quite a large fluid one with updates and consultations being
issued regularly. We will continue to update the RSLU on the changes made, but as the
RSLU is only published quarterly we recommend that readers subscribe to the HSE update
service: http://press.hse.gov.uk/subscribe/ to up to date on progress.
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
22
CD261 - Proposal to replace the Construction (Design and
Management) Regulations 2007 and withdraw the associated ACOP
L144
BACKGROUND
The HSE's has opened a consultation on its proposal to replace the Construction (Design
and Management) Regulations 2007 (CDM 2007) which can be found here:
http://www.legislation.gov.uk/uksi/2007/320/contents/made and withdraw the associated
Approved
Code
of
Practice
L144,
which
can
be
found
here:
http://www.hse.gov.uk/pubns/priced/l144.pdf. The proposed Regulations implement in Great
Britain the requirements of Directive 92/57/EEC on the implementation of minimum safety
and health requirements at temporary or mobile construction sites, apart from certain
requirements which are implemented by the Work at Height Regulations 2005. The
proposals support the strategic objectives of improved co-ordination, better value for money,
improved efficiency and use of technological changes in Construction 2025, the
Government's industrial strategy for construction, which can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210099/bis13-955-construction-2025-industrial-strategy.pdf
MAIN PROVISIONS
The main proposed changes are to:

Make the Regulations easier to understand

Replace the CDM co-ordinator role with the principal designer

Replace the ACOP with targeted guidance

Replace the detailed and prescriptive requirements for individual and corporate
competence with a more generic requirement

Align notification requirements with Directive 92/57/EEC.
CURRENT STATUS
This consultation began on 31 March and ended on 6 June 2014. Details of the consultation
can
be
found
here:
http://www.hse.gov.uk/consult/condocs/cd261.htm?ebul=gdlaundries&cr=10/Apr14
RAILWAY INDUSTRY POSITION
OTHER INFORMATION
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
23
CD273 - Proposal to exempt certain self- employed people from
health and safety law - New
BACKGROUND
The Health and Safety Executive (HSE) has, opened an 8 week consultation on proposals to
exempt certain self-employed persons from section 3(2) of the Health and Safety at Work etc
Act (1974), except those undertaking activities on a prescribed list.
The change to the Act stems from Professor Löfstedt’s review of health and safety and the
general proposal was consulted on by HSE in 2012. A clause to amend current duties on
self-employed persons is included in the Deregulation Bill at clause 1.
MAIN PROVISIONS
The clause has the effect of limiting the scope of section 3(2) of HSWA to those selfemployed carrying out specified activities, working in certain industry sectors or with hazards
of a prescribed description. All others will be exempt. The amendment gives the Secretary
of State power to make regulations for the purposes of prescribing those self-employed
persons who still have duties.
HSE is seeking views on the clarity of the definitions relied upon in the draft regulations.
CURRENT STATUS
This consultation began on 6 July and ends on 31 August 2014. The consultation is
available on line at: www.hse.gov.uk/consult/condocs/cd273.htm.
RAILWAY INDUSTRY POSITION
OTHER INFORMATION
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
24
Section 3. Other railway related consultations
Railway Safety Legislation Update; No.72; July 2014
25
Consultation on the proposal to withdraw the Railway Safety
(Miscellaneous Provisions) Regulations 1997, Railway Safety
Regulations 1999 and Railway Safety (Miscellaneous Amendments)
Regulations 2001- New
BACKGROUND
ORR has started a consultation on reviewing existing railway safety regulations. This review
is part of the Government’s ‘Red Tape Challenge’ to reduce secondary legislation.
MAIN PROVISIONS
The regulations being reviewed are the Railway Safety (Miscellaneous Provisions)
Regulations 1997, Railway Safety Regulations 1999 and Railway Safety (Miscellaneous
Amendments) Regulations 2001. ORR are proposing to replace them with new regulations,
which would:
 Retain the prohibition on the operation of trains on a railway without a train protection
system for that train and railway;
 Introduce a new requirement to have a management system for the train protection
system to ensure safe performance;
 Retain the prohibition on the operation of Mark 1 rolling stock unless certain modifications
have been made to improve crashworthiness;
 Retain the obligation to provide passengers with a means of communication with the train
driver or conductor for use in an emergency; and
 Remove duties or prohibitions that are either covered by other more recent regulations,
have been superseded, or are out of date.
ORR are also consulting on a proposal to introduce flexibility to the current arrangements for
the allocation of health and safety functions for railways.
Further details on the proposals (including the new regulations and impact assessment) can
be found in the consultation document available at: http://orr.gov.uk/consultations/policyconsultations/open-consultations/revising-railway-safety-regulations .
CURRENT STATUS
Consultation closes on Tuesday 2 September 2014 and any responses should be sent in
electronic format (preferably MS Word format) to Paul Carey: paul.carey@orr.gsi.gov.uk.
RAILWAY INDUSTRY POSITION
ATOC has drawn the attention of its Engineering and Operations Councils to the
consultation, with a particular concern being the proposed new requirement ‘to have a
management system for the train protection system to ensure safe performance’ as there is
a lack of clarity around what the ORR means by this. ATOC will be responding itself to the
consultation – a draft of the ATOC response is expected to be made available for comment
to its members during the week commencing 4 August with the final version similarly
circulated by 22 August. Individual train operators are being encouraged to submit their own
responses, drawing on the ATOC response to the extent they feel appropriate. ATOC is
also liaising with Network Rail with a view to agreeing a common industry position.
OTHER INFORMATION
DATE UPDATED
July 2014
Railway Safety Legislation Update; No.72; July 2014
26
Section 4. News
Railway Safety Legislation Update; No.72; July 2014
27
News
Persons with Restricted Mobility TSI
The Persons with Restricted Mobility (PRM) TSI was
adopted with one abstention and the rest of the votes in
favour at the January Railway and Interoperability Safety
Conference (RISC) meeting. Last amendments (excluding
editorial) are presented by ERA on the basis of an unofficial
document. At the moment the translation of the text of the
PRM TSI is under way at the European Commission. During
this year PRM TSI will be published in the Official Journal of
the European Union, it will subsequently enter into force and
will be applicable from 1 January 2015.
ORR Quarterly Occupational Health Programme update
ORR have published their latest edition of the Occupational Health programme. This edition
focuses on:
 Details about ORR second occupational health
programme for 2014-19 which was published on 28
April The new programme contains a lot of detail on
what ORR will do, and also what is expected of
companies in the railway industry, to properly manage
health risks and have a healthier, productive
workforce. It includes going beyond minimal
compliance with Health and Safety legislation. ORR
are now repeating the baseline occupational health
data survey which was carried out at the start of the
first health programme in 2010. They are asking rail
companies for specific data for 2013-14 on incidence,
cost, and public reporting on work related ill health, for
comparison with the 2009-10 survey results.
 Health surveillance – are you getting it right? Health
surveillance is about systematic, regular checks on
workers to identify early signs of work-related ill
health, and about acting on the results. It does not reduce the need to eliminate or
manage health risks, but can give early warning that control measures are no longer
effective so that remedial action can be taken, including review of risk assessment and
controls, as well as referral and care of the individual. The update provides guidance on
what may be required.
 What’s new on health –
-
Pneumonia vaccination of welders;
-
Legionella control using copper; and
-
A new ORR e-bulletin on health events.
It may be obtained from: http://orr.gov.uk/__data/assets/pdf_file/0015/12084/occupationalhealth-update-may-2014.pdf
Railway Safety Legislation Update; No.72; July 2014
28
RSSB launches the Railway Health and Wellbeing Roadmap and publishes details of
the first Railway Health and Wellbeing Conference
The Railway Health and Wellbeing
Roadmap is available on RSSB’s
new worker health and wellbeing
web pages:
http://www.rssb.co.uk/improvingindustry-performance/workforcepassenger-and-thepublic/workforce-health-andwellbeing.
On 20 October 2014 RSSB are
running the first annual Railway
Health and Wellbeing Conference
which is being held at the Royal
College of Physicians. For more detail contact Darryl Hopper darryl.hopper@rssb.co.uk or
download the flyer at - http://www.rssb.co.uk/Library/improving-industry-performance/201410-20-agenda-workforce-health-and-wellbeing-conference.pdf
HSE has updated their website on noise
Included in the update is –
 An online hearing protection tool that shows the damage
caused by removing protection even for a short time.
 On the ‘Buy Quiet’ initiative that helps manufacturers,
importers, suppliers and users of equipment to work
together to reduce the risk of noise-induced hearing loss in
the workplace. It supports users in their duty to avoid high
noise equipment when suitable lower noise equipment is
available and manufacturers in their duty to minimise noise by
technical means.
For more information go to: http://www.hse.gov.uk/noise/index.htm
HSE has updated its guidance on powered doors and gates
HSE have updated their website on this topic. It may be
http://www.hse.gov.uk/work-equipment-machinery/faq-poweredgates.htm?ebul=hsegen&cr=2/28-apr-14. This is very topical following
prosecution relating to powered gates see Court Cases.
Railway Safety Legislation Update; No.72; July 2014
found
the
at:
recent
29
HSE Launch Occupational Disease Website
Continuing the use of websites to publish guidance and information,
HSE have produced one on occupational disease, from occupational
cancers, diesel exhaust, to respiratory illness. It may be reached via:
http://www.hse.gov.uk/aboutus/occupational-disease/index.htm.
ORR Publish their 2014-15 Business Plan
ORR have published their Business plan for the coming year.
They retain their 5 strategic aims of

Driving for a safer railway;

Supporting a better service for customers;

Securing value for money from the railway;

Promoting an increasingly dynamic and commercially
sustainable sector; and

Being a high-performing regulator.
It may be obtained from:
http://orr.gov.uk/__data/assets/pdf_file/0013/11731/business-plan2014-15.pdf
HSE has updated information on safe access to fields containing cattle
Every year members of the public are injured by attacks from cattle.
Although this may seem to be a strange topic for ATOC members to be
aware of, the subject should be considered in risk assessments for
crossing fields to stranded trains, and persons who are likely to do so
suitably informed of precautions they should take. Please see:
http://www.hse.gov.uk/pubns/ais17ew.pdf?ebul=ag&cr=1/25-feb-14
HSE have updated their guidance for employees on Hand-arm
vibration INDG296 (rev2)
The pocket card INDG296 (rev2) is for employees who regularly use
hand-held powered equipment, such as in depots, or station
maintenance teams. It explains what +hand-arm vibration syndrome
(HAVS) is, what the symptoms are and how to reduce the risks of
developing the disease.
It may be downloaded from:
http://www.hse.gov.uk/pubns/indg296.pdf
Railway Safety Legislation Update; No.72; July 2014
30
Key Diary Dates
Date
Item
21 May 2015 Common Safety Method on Risk Evaluation and Assessment Commission
Regulation (EC) No. 352/2009 will be repealed. Common Safety Method on
Risk Evaluation and Assessment Commission Regulation (EU) No 402/2013
which has been in force since 23 May 2013 will replace it – see: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:121:0008:0025:EN:P
DF
29 Oct 2018 Train Driving Licences and Certificates Regulations 2010 (TDLCR) –
Requirement for existing drivers (cross-border and domestic) to hold licences
and certificates comes into effect:
http://www.rail-reg.gov.uk/server/show/nav.2447.
Court Cases
R v John Glen Installation Services Ltd and Tremorfa Ltd – Five year old crushed to
death by electric gates
Two companies pleaded guilty to health and safety breaches which led to a five-year-old girl
being crushed to death by an electric gate were fined a total of £110,000.
Cardiff Crown Court heard that on 3 July 2010 the girl was crushed by the equivalent of
200kg (440lbs) of pressure. When the gate was initially installed, it would not close properly
as it was on a gradient. The workmen increased the speed of the gate and changed a setting
which would allow it to 'back-off' if it faced an obstruction.
Prosecutor Andrew McGee said the dangers presented by the gate had been 'easily
foreseeable'. He told the court: 'The risks presented had not been properly recognised or
rectified - making the gate a potentially dangerous and lethal piece of machinery.'
HSE inspector Jamie Davies examined the gate and found it exerted five-times more force
than British Standard recommendations. He said ‘the gate could have easily been fitted with
a rubber edge which would have significantly reduced crushing forces. No-one should install
or work on automated gates without knowing the relevant safety standards. They are
becoming more common and it’s sometimes difficult to appreciate that even small gates can
close with significant force. Badly installed and maintained gates are a threat to all
pedestrians, particularly young children because they are completely unaware of the
dangers.'
Railway Safety Legislation Update; No.72; July 2014
31