HSC PUBLISHES RAILWAY SAFETY DISCUSSION DOCUMENT

HSC press release C059:03 - 27 October 2003

The Health and Safety Commission (HSC) today published a discussion document which invites views and comments on options to renew and update railway safety legislation.

'Safety on the Railway - Shaping the Future' is aimed at all those who work in the rail industry and those interested in its safety performance, and is the outcome of a wide-ranging review of railway legislation undertaken by the Health and Safety Executive (HSE). The review was driven by new requirements from Europe, the need to implement recommendations from rail public inquiries and a periodic evaluation of current legislation. HSE worked up the options in the document in discussion with its key rail stakeholders.

Bill Callaghan, Chair of the HSC said: "I am sure this document will achieve what we want - to stimulate debate on how we regulate safety on the railways. Our goal is to establish a new regime that has minimal bureaucracy, gives greater flexibility and, most importantly, that ensures that the railway industry continues to improve its safety record."

The document specifically seeks views on:

• the future of the current safety case regime;
• the most effective means of controlling risks from new plant and equipment;
• the development of an accredited licensing system for key safety-critical workers;
• the use of independent certification of safety-critical products and services; and
• the management of competence, fitness and fatigue of rail safety-critical workers.

Bill Callaghan added: "We do not expect absolute safety. We do, however, expect the railways, just like other industries, to meet good practice.

"I hope that everyone with an interest in improving standards of safety on the railways will take this opportunity to contribute their views and ideas."

'Safety on the Railway - Shaping the Future' discussion document can be found on the HSE website at: http://www.hse.gov.uk/consult/live.htm. The document includes a questionnaire for return electronically to HSE.

Notes to editors

1. The discussion document published by HSC today comprises the latest stage of a review of rail safety legislation being undertaken by HSE. HSC decided to issue a discussion document now to generate debate and to give its stakeholders the opportunity to comment on the available options at the earliest possible stage of their development. HSE assembled the options after preliminary discussions with its industry stakeholders at meetings and workshops throughout the year. Within HSE, the work has been directed by a steering group made up of representatives from the Department for Transport, Office of the Rail Regulator, Strategic Rail Authority, Rail Safety and Standards Board and employee and passenger representatives. The document was also discussed by the HSC's Railway Industry Advisory Committee, which endorsed the approach of inviting dialogue on the options presented.

2. The impetus for the review of rail safety comes from several sources, as follows:

• existing and future European legislation intended to establish a single market and a common regulatory framework for railway safety;
• the need to implement the remaining recommendations arising from the major rail public inquiries, and in particular those made by Lord Cullen in his inquiry into the Ladbroke Grove collision; and
• an evaluation of rail safety legislation which is undertaken regularly in the light of operating experience.

3. The topics covered in the document are brigaded by theme, and are preceded by a general introduction setting out the objectives and constraints of the review. There is also a chapter discussing which transport systems should be captured by future legal and other requirements. The remaining chapters cover:

• a review of the Railways (Safety Case) Regulations 2000;
• a review of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994;
• improving the management of the supply chain through certification of suppliers of safety-critical products and services;
• improving the management of competence, fitness and fatigue through a review of the Railways (Safety Critical Work) Regulations 1994; and
• the development of an accredited licensing system of key safety-critical workers.

4. Comment is invited from all interested parties, and should reach HSE by Wednesday, 31 December 2003.

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