HSE Press Release E134:02 - 10 July 2002
The Health and Safety Executive (HSE) announced today that it has formally accepted a revised railway safety case submitted by London Underground Limited (LUL). This decision means that LUL can now proceed to implement its proposals to run the Tube as a Public Private Partnership - 'PPP'.
Assessment and acceptance of this safety case - known as Version 3.1 - was undertaken by HSE's HM Railway Inspectorate (HMRI). HMRI's Deputy Chief Inspector Rob Andrews, who accepted the case on behalf of HSE, said:
"This decision, which was communicated to LUL and other interested parties today, means that HSE has judged that the arrangements in the safety case will provide an effective safety management system for the Tube.
"Acceptance does not guarantee safety. LUL and its partners must now put into effect the practices and procedures set out in the safety case and ensure that they are operated. LUL will retain overall control of safety on the Tube. HSE will continue to audit, verify and validate LUL's performance against Version 3.1, and take enforcement action where necessary."
HSE has also accepted a safety case from TransPlant JNP that will become Tube Lines Limited under the PPP. TransPlant operates engineering and test trains.
1. London Underground Ltd is currently operating to a safety case, known as Version 3.0, that HSE accepted in December 2001. Shortly afterwards LUL submitted its Version 3.1 proposals and HSE assessment of this safety case included one of the largest programme of inspections on the Tube. Results of this field work formed a vital part of HSE's assessment process. A separate acceptance team in HSE then considered all the assessment results, before recommending today's decision.
2. The Railway (Safety Case) Regulations 2000 require all railway operators, i.e. those organisations running train services or providing a railway infrastructure, to prepare and submit to HSE a safety case setting out: safety policy and objectives; a risk assessment; risk control measures and health and safety management systems. It is illegal to operate without an accepted safety case or to fail to follow the procedures and arrangements it describes.
3. A safety case serves two main purposes:
4. Assessing and accepting railway safety cases is a two stage process, undertaken by separate teams within HSE. The procedures are set out in HMRI's Safety Case Assessment Manual, which can be found on HSE's web site at www.hse.gov.uk/railway/frameset/manual.htm. In view of the considerable public interest, HMRI's plan of work for determining whether LUL's preparations for PPP are acceptable on safety grounds, is also posted on HSE web site at www.hse.gov.uk/railway/lul2.pdf
5. HSE began assessing LUL's Version 3.0 safety case from April 2001 on the basis that it was to cover both the PPP proposals and to take into account transitional provisions of the amended Railways (Safety Case) Regulations 2000, which require more information and justification of train operators' arrangements for securing appropriate levels of health and safety. In March 2001, implementation of the PPP was postponed and Version 3.0 reverted solely to complying with the transitional provisions of the Regulations. HSE accepted Version 3.0 on 3 December 2001 (see HSE Press Release E221:01), and LUL implemented it on 4 February 2002.
6. Version 3.0 allowed LUL to operate with its three publicly owned subsidiaries, or 'InfraCos', responsible for maintaining and improving the infrastructure. The transfer of the InfraCos to the private sector could not take place until HSE had assessed and accepted the proposed Version 3.1 safety case, which LUL submitted on 19 December 2001. HSE published its initial response to the LUL Version 3.1 proposals on 19 February 2002 (see HSE Press Release E034:02). HSE highlighted its key areas of concern and that it had served an improvement notice on LUL relating to signal maintenance arrangements.
7. The decision to accept a safety case means HSE has judged that the arrangements - providing they are properly implemented - can provide an effective safety management system. Acceptance does not, in itself, guarantee safety. In the case of the London Underground, the responsibility for ensuring safety rests with LUL.
Copies of the Railways (Safety Case) Regulations 2000, are available from HSE Books, ISBN 0 7176 2127 8, price £20.00,
All enquiries from journalists should be directed to the HSE Press Office
