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2. 2 IRSC 2007 GOA, INDIA SUB-THEME: TRENDS AND PRACTICES ON SAFETY REGULATION AND ACCIDENT INVESTIGATION TITLE: ACCIDENT INVESTIGATIONS: PURPOSE DRIVEN RECOMMDENDATIONS PRESENTED BY: HERMAN BRUWER RAILWAY SAFETY REGULATOR SOUTH AFRICA

3. 3 OVERVIEW OF PRESENTATION AN INTRODUCTION TO THE RSR: –WHAT WE HAVE ACHIEVED –CHALLENGES FACING THE RSR –THE RAILWAY INDUSTRY PURPOSE DRIVEN RECOMMENDATIONS: –DESCRIPTIVE VERSUS NON-DESCRIPTIVE RECOMMENDATIONS –SELECTION OF RECOMMENDATIONS –FOCUSSING OF RECOMMENDATIONS –FORMULATING OF RECOMMENDATIONS CONCLUSION

4. 4 THE RSR AN INTRODUCTION The RSR is a relative newly established organization created by the National Railway Safety Regulator Act, 2002 and became operational in June 2005. We have a staff compliment of 60 employees. The RSR is an independent juristic body or agency of the NDoT and report through its Board directly to the Minister of Transport.

5. 5 THE RSR AN INTRODUCTION (cont.) The primary objects of the RSR are to: -Oversee safety in the railway transport industry; -Develop any regulations that are required in terms of the act; -Monitor and ensure compliance with the act; -Give effect to the objects of the act; and -Promote the use of rail as a mode of transportation through improved safety performance in the industry.

6. 6 THE RSR WHAT WE HAVE ACHIEVED MONITORING COMPLIANCE: 224 SMS Audits 20 Targeted Safety Inspections 9 Independent Boards of Inquiry State of Safety Report (2005/06 & 2006/07) SAFETY REGULATION: Draft MOU’s with other Organs of State Draft Construction Regulations Draft Technical Standards Draft Human Factors Framework

7. 7 THE RSR MAJOR CHALLENGES Investigation of alternative funding strategies to ensure appropriate funding in support of strategic initiatives. Prioritizing of the emerging issues for development of Standards and Regulations. Development of a National Information and Monitoring System. Amendment Bill. Promote the use of rail as a mode of transportation through improved safety performance in the industry (a general turn- around strategy is required).

8. 8 THE RAILWAY INDUSTRY BACKGROUND 253 Registered Railway Operators representative of the following Railway Sectors: –Class 1 railways, –Mining, –Manufacturing; –Ports; –Agriculture; –Petrochemical; –Sidings & terminals, –Tourism & heritage The operators are geographically spread throughout South Africa at 550 operational sites.

9. 9 THE RAILWAY INDUSTRY BACKGROUND For the purposes of background and as it has a direct bearing on occurrence investigations it should be mentioned that the South African national railway infrastructure has been severely neglected through years of under investment in the areas of commuter rail services and general rail freight. It goes without saying that there is a direct correlation between safety performance and investment. The underinvestment have resulted in the following unwanted situation : –Deterioration of safety performance in the reportable railway occurrence categories, –Loss of rail market share in both the passenger and general freight markets, –Ageing rolling stock and technology, and –Unacceptable high costs of risk for operators with a subsequent high cost of transport to the economy.

10. 10 THE ROLE OF THE RSR IN OCCURRENCE INVESTIGATIONS The Railway Safety Regulator is confronted with a major challenge in order to bring about the desired change as it relates to driving down the cost of risk and to ensure appropriate levels of investment in infrastructure and rolling stock in order to promote the use of rail as a mode of transportation through improved safety performance in the industry. One of the tools used to bring about the change is Occurrence Investigations and Purpose driven recommendations.

11. 11 ACCCIDENT INVESTIGATION PRINCIPLES I wish to quote from the Australian Code of Practice (Rail Safety Investigation) the following guiding principles for railway accident investigation: –A “systems” approach to investigation, –The adoption of a “just culture” philosophy, –A commitment to “learning from failure” –The adoption of a structured, systematic and iterative process for gathering and analyzing data, –Development of non-prescriptive recommendations, and –Management commitment to fair and independent investigation.

12. 12 PRESCRIPTIVE VERSUS NON- PRESCRIPTIVE RECOMMENDATIONS Naturally any Regulator will be very cautious in making prescriptive recommendations. However, from time-to-time the hand of the Regulator will be forced to make prescriptive recommendations dependent on the presence of an immediate threat and the potential severity thereof. As a general statement it can be said that the prescriptive recommendations will specify the desired end state, but will refrain from the “nuts-and-bolts” or the “How” in achieving the end state. Examples of non-prescriptive recommendations may be: –Improved radio communication systems –Improved signalling systems

13. 13 PRESCRIPTIVE VERSUS NON- PRESCRIPTIVE RECOMMENDATIONS (cont.) Examples of prescriptive recommendations may be: –With immediate effect to change the trains working rule, or –With immediate effect to institute a permanent speed restriction

14. 14 PURPOSE DRIVEN RECOMMENDATIONS Purpose driven recommendations are those recommendations which takes due cognizance of the limitations of the operator (whether self imposed or imposed by external factors), but which recommendations are continuously pushing the envelope to ensure an improved state of safety and taking cognizance of national imperatives, Purpose driven recommendations are aimed at improving the overall safety management system or state of safety. Purpose driven recommendations allows for thinking “out of the box” and allows for paradigm shifts to be made, especially so when an operator has never been challenged on his “way of doing things”. Purpose driven recommendations could be a mixture of prescriptive and non-prescriptive recommendations.

15. 15 SELECTING PURPOSE DRIVEN RECOMMENDATIONS As a general principle the test in the selection of recommendations lies within the remit or the terms of reference (TOR) of the formal investigation. The following critical question that needs to be answered is: “Do the recommendations meet the TOR?” Thus, it illustrates the importance of ensuring that the remit is set correctly or that the remit is adjusted, if circumstances warrant it, during the investigation process to ensure that the investigation team always stays within their mandate.

16. 16 SELECTING PURPOSE DRIVEN RECOMMENDATIONS In determining whether the recommendations meet the TOR the investigator has to ask the following questions: –Does it address the identified immediate and underlying causes – audit trail to evidence in hand –Is it aimed at prevention and mitigation? –Does it reduce the likelihood of recurrence? –Does it reduce the consequences of future similar accidents? –Does it deliver demonstrable safety benefits?

17. 17 SELECTING PURPOSE DRIVEN RECOMMENDATIONS Once it has been established that the recommendations meet the requirements of the remit the recommendations are selected on the basis of the integrity of the process followed which is: Analysis of evidence and findings, Factors for consideration, Written Findings, Concerns identified and raised during the investigation, and The relevancy thereof to the investigation.

18. 18 SELECTING PURPOSE DRIVEN RECOMMENDATIONS Following the aforementioned process will thus ensure that the selection of the recommendations are backwards traceable to appropriate evidence. The final criteria to be addressed are the requirement that no recommendation should create an apportionment of blame or that it should be excluded on commercial grounds.

19. 19 HOW ARE RECOMMENDATIONS FOCUSSED? Focus the recommendations on the written findings and the identified concerns. Maintain a SYSTEMS approach/focus to overall safety improvement. This implies that the recommendation may not have a negative impact on other parts of the system which may impact on safety.

20. 20 FORMULATING THE RECOMMENDATIONS Apply the SMARTER principle in the formulation of recommendations: Specific (Clear and Unambiguous) Measurable Attainable Results Orientated Time bound Economically Viable Review (Subject to review by inspection)

21. 21 CONCLUSION Chair, Ladies and Gentlemen, I wish to conclude my presentation on purpose driven recommendations. As a final statement I wish to state that the South African Railway Safety Regulator embrace, endorse and practice international best practices in our investigative processes. However, our recommendations are not only aimed at a functional safety improvement at operator level, but also taking cognizance of the national state of safety, national imperatives to be achieved and the desired end state. To us it is not only the principle of “learning from failure” which is applied, but also the principle of “adapt or die”. Thank you