Transport (Rail Safety) Act 2010
Transport (Rail Safety) Regulation 2010
Commencement - 1 September 2010
1
What is going to remain the same?
Majority of SMS requirements relatively unchanged
• Management plans and programs
-
Security management plan
-
Emergency management plan
-
Health and fitness management program
-
Alcohol and drug management program
-
Fatigue management program
2
What is going to be different?
•
Rail Safety Duties
•
Reporting occurrences
•
Worker Competencies
•
Interface Agreements
•
Accreditation / Registration
•
Compliance / Enforcement
•
Private Sidings
•
New Fees
•
Relationship between WH&S and
TRSA legislation
3
Rail Safety Duties
New general duty requirements
•
Safety duties for rail operators, rail safety workers and rail contractors to:
-
Places responsibilities on each participant in the rail industry to ensure
safety, so far as is reasonably practicable (SFAIRP).
-
Also need to ensure, SFAIRP, that things are safe if used as intended.
-
Applies to those conducting prescribed railway operations, such as
the operation or movement of rolling stock on a railway track and an
activity that affects safe operation or movement of rolling stock on a
railway track.
4
Rail Safety Duties (2)
When carrying out rail safety work, rail safety workers
must:
•
Take reasonable care for their own safety and that of others.
•
Co-operate with the rail transport operator.
•
Not intentionally or recklessly interfere with or misuse anything provided by
the rail transport operator in the interests of safety.
•
Not intentionally or recklessly place at risk the safety of another person on
or in the immediate vicinity of rail infrastructure.
5
Transport (Rail Safety) Act 2010
and Workplace Health & Safety Act 1995
•
Queensland WH&S law continues to apply to Queensland rail operators, in
relation to duties around workplace safety.
•
If there is any overlap or conflict between the WH&S provisions and the Rail
Safety provisions, the WH&S legislation will apply.
•
MoU - “Safety in the rail industry”, between WH&SQ and DTMR recognises
both agencies’ responsibilities in regulating safety for rail. MoU details how
the departments will work together in this regard.
A copy of the MoU can be located at website: http://www.transport.qld.gov.au/Home/Safety/Rail/
6
Worker competence
New requirements for rail transport operators to prove worker
Competence:
•
Rail safety workers must have competence to undertake the work.
•
Qualification or units of competence under the Australian Qualifications
Framework.
•
Operators can require rail safety workers to undergo further training.
•
Record of the competence of each rail safety worker.
•
Rail safety workers must have identification that can be checked.
•
Two year transitional arrangement for worker competency and ID requirements.
7
Accreditation
New requirements for the Regulator
•
A six-month time period for determining applications for accreditation,
variation and exemption.
•
Requirement for the rail safety regulator to consult with other regulators
where an applicant:
-
Is applying for accreditation in two or more jurisdictions.
-
Is already accredited in another jurisdiction.
8
Accreditation (2)
Accreditation transition
•
Transitional arrangements for existing accreditations are in place for one year
from the commencement of the new legislation.
•
Accredited rail transport operators will not be required to apply for new
accreditation.
•
The rail safety regulator will conduct audits and inspections during the
transitional period using a risk based approach to ensure that rail transport
operators conform to the compliance requirements.
9
Private sidings
There is a new focus on private rail sidings
•
Stand-alone private siding managers will not require accreditation.
•
Private sidings are subject to general duties, registration and other
conditions.
•
Existing accredited rail transport operators with sidings need to remain
accredited.
•
Rolling stock operators on private sidings are still required to be accredited.
•
Private siding managers required to pay annual fee for the registration.
For each of the first five (5) private sidings - $110.00
each additional private siding - $70.00
•
Three year transitional arrangements for private siding registration.
10
Interface Agreements
•
Interface agreement - still details each party’s responsibilities for managing
interface risks:
-
•
measures for managing the risks.
evaluation, testing and, if necessary, revision of those measures
the roles and responsibilities of each party to the agreement.
how each party will monitor compliance.
Rail and road infrastructure managers must now enter into interface
agreements to manage risks at railway crossings:
-
Ensuring that risks are identified.
Clarifying roles and responsibilities for managing the risks.
Two year transitional arrangement for interface agreements.
11
Fees
The new legislation includes the following fees:
•
An annual fee for the registration of private sidings
For each of the first five (5) private sidings - $110.00
each additional private siding - $70.00
•
Accreditation application fee
For tourist and heritage railway operations - $1000.00
For railway operations which are the same or substantially the same
in scope and nature to previously accredited operations under another
jurisdiction’s corresponding legislation - $3000.00 and for all other
applications - $8000.00
•
Variation to accreditation Application
No new fees
12
Reporting
New rail safety reporting requirements for Safety
Performance Reports
•
Rail transport operators must submit a safety performance report on an annual
basis and within six months after the end of the period.
•
The safety performance report must include:
-
Description and assessment of the safety performance of railway
operations.
-
Comments on any deficiencies and any relevant irregularities in
operations.
-
Description of any initiatives undertaken in the reporting period, or
proposed to be undertaken in the next reporting period.
13
Reporting
New rail safety reporting requirements for notifying the
rail safety regulator of changes affecting safety
•
Accredited rail transport operators must notify the rail safety regulator of
change about:
-
•
Any proposed changes/decisions.
Events or changes relating to their railway operations.
Examples of decisions, events or change that must be notified:
-
Safety critical element of existing rolling stock used in the railway
operations - at least 28 days before the change is given effect.
Safety standard for the design of rail infrastructure or rolling stock
used in railway operations - at least 28 days before the standard is
to be adopted.
Rule or procedure, of a safe working system, relating to the carrying
out of the railway operations - at least 28 days before the change is to
be given effect.
14
Reporting
New rail safety reporting requirements for notification
of occurrences
•
If a notifiable occurrence happens on or in relation to a rail transport
operator’s railway premises or railway operations, the operator must report
the occurrence, within the prescribed period.
•
An operator must report the Category A notifiable occurrence immediately,
followed by a written report within 72 hours.
•
All Category A occurrences must be investigated and a report provided to the
Rail Safety Regulator.
•
An operator must report a Category B notifiable occurrence through a written
report within 72 hours.
15
TIA
MAJOR
Within 2 hrs
-Phone 1300 139 959
-Fax/email form F3222
Occurrence
GENERAL
Monthly ( along with
Normalising data)
-F3345 or
-F3345xl
TRSA
CATEGORY A
Immediately
-Phone 1300 139 959
Within 72 hrs
-Form F3345
(single occurrence)
Or
-Form F4830
CATEGORY B (multiple occurrence)
Monthly Report
-Form F4831
(normalising data)
Annual Report
-Form F4832
(estimated annual data)
16
No- blame investigations
• The Rail Safety Regulator can conduct an independent investigation
into a serious occurrence.
• Investigation conducted to find cause and prevent reoccurrence.
• Protections in legislation to protect persons from civil or criminal action
so they can speak freely.
17
Compliance and Enforcement
Compliance and enforcement options include a range of financial
penalties for breaches of the new legislation.
•
Improvement notices
•
Issued when a breach of the legislation is detected.
Will provide the date that compliance is to be achieved by.
Is an offence not to comply.
Prohibition notices
Issued when a reasonable belief exists of an immediate risk to the
safety of persons.
Will require immediate cessation of the relevant activity.
Will require certification from a rail safety officer that the risk has been
remedied.
Is an offence not to comply.
18
Compliance and Enforcement (2)
•
Embargo notices
Embargo notices may be issued for things that cannot be seized.
An embargo notice may be issued forbidding the use, movement,
sale, leasing, transfer, deletion of information without approval.
It is an offence for a person to knowingly do anything that is forbidden
by an embargo.
•
Rail safety undertaking
May be used in connection with a contravention of the legislation.
If undertaking accepted, prosecution action cannot be taken for
the breach.
Must address the matters which have given rise to the breach.
The description of deliverables will be precise and detailed.
Regulator may apply to the court to have the undertaking enforced if
failure to comply.
19
The Regulatory Environment
Criminal Behaviour
Unwilling to comply
Pathological Safety
Culture
Enforced Compliance
Voluntary Compliance
Best Practice
Comply as required to
Willing to comply
Seeks to be best
Reactive
Safety Culture
Bureaucratic
Safety Culture
“By the book” organisation
Information is acted on
Well established information
flow
Messengers are encouraged
“Cut & Paste” procedures
Gaps in safety management
Change is top-down
Shirk responsibility
Dysfunctional in a dynamic
environment
Information blocked or
controlled
Respond when things go
wrong
Difficult to achieve
positive change
Responsibilities are delegated
Cover up failure
Generative Safety
Culture
Emphasis on
achievement not
process
Actively seek
information
Failure is a concern
Shirk responsibility
No employee/ employer
bridging
Proactive
Safety Culture
Do not identify systemic
failures
Shared responsibility
New ideas are considered
Continuous evaluation
Paperwork & meetings,
meetings…
Amenable to improvement
Identify systemic
failures
Response
Enforcement
Strategies
Co-regulatory
Strategies
20
Compliance Strategies
Response
Co-regulatory Strategies
Education
Audits
Conditions
Notices
Prosecution
Cancellation
Enforcement Strategies
21
Audit program
•
The rail safety regulator will conduct audits of each rail transport operators
safety management systems.
•
Audit program is risk based.
•
Audit may identify non compliance with rail safety legislation.
•
Rail transport operators will be provided an opportunity to correct any
instance of detected non compliance.
22
Inspections
•
The rail safety regulator may conduct an inspection in respect to a notifiable
occurrence.
•
The inspection will focus on public safety matters.
•
The inspection may identify non-compliance with rail safety legislation.
•
Rail transport operators will be provided an opportunity to correct any
instance of detected non compliance.
23
Supporting National Guidelines
• Meaning of SFAIRP
• Preparation of an SMS
• Compliance and Enforcement
• Fatigue Management
• Uniform Business Rules
• T&H Guidance
• Notification of change
• Rail Contractors
• Safety Performance Report
• Definition of Private Sidings
24
Other useful information
Legislation
-
Transport (Rail Safety) Act 2010
-
Transport (Rail Safety) Regulation 2010
You can obtain a copy of these documents through the Office of the
Queensland Parliamentary Counsel.
Website: www.legislation.qld.gov.au
Guidelines
-
National Transport Commission (NTC)
Website: www.ntc.gov.au
-
Rail Safety Regulator Panel (RSRP)
Website: http://www.rsrp.asn.au/
25
Other useful information (2)
Factsheets
•
A comprehensive list of Factsheets are available for you to access.
Website: www.tmr.qld.gov.au
Frequently Asked Questions
•
A ‘Frequently Asked Questions’ paper is available for you to access.
Website: www.tmr.qld.gov.au
26