Presentation on theme: "Transport (Rail Safety) Act 2010"— Presentation transcript:
1 Transport (Rail Safety) Act 2010 Transport (Rail Safety) Regulation 2010Commencement - 1 September 2010
2 What is going to remain the same? Majority of SMS requirements relatively unchangedManagement plans and programs- Security management plan- Emergency management plan- Health and fitness management program- Alcohol and drug management program- Fatigue management program
3 What is going to be different? Rail Safety DutiesWorker CompetenciesAccreditation / RegistrationPrivate SidingsReporting occurrencesInterface AgreementsCompliance / EnforcementNew FeesRelationship between WH&S and TRSA legislation
4 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.S 24 – 33 penalties apply
5 Rail Safety Duties (2)When carrying out rail safety work, rail safety workersmust: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.Significant penalties can apply
6 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:
7 Worker competenceNew requirements for rail transport operators to prove workerCompetence: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.System of national qualifications for schools, vocational education and training and higher education that was developed by the Ministerial Council on Education, Employment, Training and Youth Affairs.An RTO needs the following information to prove compliance regarding worker competence:- rail safety workers must be assessed to ensure they are competent to undertake rail safety work.- the RTO is not prevented from requiring a rail safety worker to undergo further training before carrying out rail safety work.- a rail transport operator must keep a record, of the competence of each rail safety workers
8 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.- This 6 month period can be extended.- Consideration of scope and nature of work in other jurisdictions - additional risks etc
9 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.
10 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 - $70.00Three year transitional arrangements for private siding registration.Private sidings do not include the following-- a marshalling yard;- a crossing loop;- a passenger terminal;- a freight terminal;- a siding prescribed under a temporary regulation not to be a private siding.
11 Interface AgreementsInterface agreement - still details each party’s responsibilities for managing interface risks:- measures for managing the risks.- evaluation, testing and, if necessary, revision of those measuresthe 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.
12 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 - $70.00Accreditation application fee- For tourist and heritage railway operations - $- For railway operations which are the same or substantially the samein scope and nature to previously accredited operations under another jurisdiction’s corresponding legislation - $ and for all other applications - $Variation to accreditation Application- No new fees
13 Reporting New rail safety reporting requirements for Safety Performance ReportsRail 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.Annual performance reports must:- be submitted 6 months after the end of the period- be in the approved form- comply with the prescribed requirements- provide a description/ assessment of the safety performance- make comment on any deficiencies and any irregularities- description of any initiatives undertaken in the relevant reporting periodsOther (Regulation comment)- Kilometres, passenger journeys (Monthly) remain
14 ReportingReportingNew rail safety reporting requirements for notifying therail safety regulator of changes affecting safetyAccredited rail transport operators must notify the rail safety regulator ofchange 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.
15 Reporting New rail safety reporting requirements for notification of occurrencesIf 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.Notification of occurrences:Category A – immediately telephone then written notification in 72 hoursCategory B – Written notification in 72 hours
16 TIA TRSA MAJOR CATEGORY A Within 2 hrs Immediately Phone 1300 139 959 Fax/ form F3222ImmediatelyPhoneWithin 72 hrsForm F3345(single occurrence)Or-Form F4830(multiple occurrence)OccurrenceCATEGORY BMonthly ReportForm F4831(normalising data)Annual Report-Form F4832(estimated annual data)GENERALMonthly ( along withNormalising data)F3345 orF3345xl
17 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.
18 Compliance and Enforcement Compliance and enforcement options include a range of financialpenalties 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.Suspension, revocation and so on remain
19 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 forbiddenby 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 iffailure to comply.
20 The Regulatory Environment Best PracticeSeeks to be bestCriminal BehaviourUnwilling to complyEnforced ComplianceComply as required toVoluntary ComplianceWilling to complyPathological Safety CultureReactiveSafety CultureBureaucraticSafety CultureProactiveSafety CultureGenerative Safety CultureInformation blocked or controlledDifficult to achieve positive changeCover up failureShirk responsibilityNo employee/ employer bridgingRespond when things go wrong“Cut & Paste” proceduresGaps in safety managementShirk responsibilityDo not identify systemic failures“By the book” organisationWell established information flowChange is top-downDysfunctional in a dynamic environmentPaperwork & meetings, meetings…Information is acted onMessengers are encouragedResponsibilities are delegatedFailure is a concernNew ideas are consideredAmenable to improvementEmphasis on achievement not processActively seek informationShared responsibilityContinuous evaluationIdentify systemic failuresResponseEnforcement StrategiesCo-regulatoryStrategies
22 Audit programThe 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.
23 InspectionsThe 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.
24 Supporting National Guidelines Preparation of an SMSFatigue ManagementT&H GuidanceRail ContractorsDefinition of Private SidingsMeaning of SFAIRPCompliance and EnforcementUniform Business RulesNotification of changeSafety Performance Report
25 Other useful information Legislation- Transport (Rail Safety) Act 2010- Transport (Rail Safety) Regulation 2010You can obtain a copy of these documents through the Office of the Queensland Parliamentary Counsel.Website:Guidelines- National Transport Commission (NTC)Website:- Rail Safety Regulator Panel (RSRP)Website:
26 Other useful information (2) FactsheetsA comprehensive list of Factsheets are available for you to access.Website:Frequently Asked QuestionsA ‘Frequently Asked Questions’ paper is available for you to access.