HSE PUBLISHES UPDATED GUIDANCE ON RAILWAY SAFETY CASE LAW

HSE press release: E093:03 - 10 June 2003

The Health and Safety Executive (HSE) has published revised guidance on railway safety cases, containing the latest legal requirements and advice on compliance.

The Railway (Safety Case) Regulations (RSCR) require railway operators - infrastructure controllers, train and station operators - to have a 'safety case' formally accepted by HSE. A safety case is a comprehensive core document setting out the operator's policy, objectives, organisation and management system for health and safety, and the risk controls in place.

Following recommendations by Lord Cullen in his Ladbroke Grove Rail Inquiry Part 2 Report, a number of amendments were introduced to the RSCR on 1 April 2003. These simplify the safety case assessment process, and require each railway operator to obtain an annual health and safety audit from an independent competent body.

The 2003 amendments also take account of the establishment of the new Rail Safety and Standards Board (RSSB), whose task is to lead the industry's efforts to improve health and safety performance on Britain's railways.

The railway safety regulatory regime, including the RSCR, is currently the subject of a comprehensive HSE review. This review is considering experience of the present regime, Lord Cullen's recommendations and European Directives and will take account of other developments, such as the recommendations arising from the Potters Bar investigation. A wide range of railway operators and other stakeholders are making an active and important contribution to the review, which is expected to lead to an HSE discussion document in the Autumn and then a consultative document containing draft regulations in 2004.

The revised guidance, 'Railways (Safety Case) Regulations 2000 including 2001 and 2003 amendments' (HSE ref. L52) is now available from HSE Books http://books.hse.gov.uk

Notes to editors

1. The new publication incorporates the Railways (Safety Case) Regulations 2000 (RSCR), as amended by the Railway Safety (Miscellaneous Amendments) Regulations 2001 and the Railways (Safety Case) (Amendment) Regulations 2003. The guidance explains the RSCR and gives advice on compliance and preparation of safety cases
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2. The 2003 amendments make two changes. First, they remove the requirement for an infrastructure controller to procure from an assessment body (in practice Railway Safety) an independent assessment of its own safety case and those of train and station operators. HSE will continue to assess all railway operators' safety cases but safety case assessment will not be part of RSSB's role. Infrastructure controllers will continue to have a duty to scrutinise the safety cases of train and station operators. Secondly, the amendments transfer the duty to procure an annual external health and safety audit from the infrastructure controller to each railway operator. This transfer aims to improve health and safety standards by opening up external audits to fresh challenges and approaches. Infrastructure controllers still have a duty to ensure that train and station operators comply with their safety cases.

3. The amendments arose from Lord Cullen's report on the Public Inquiry into the Ladbroke Grove rail disaster on 5 October 1999. The report was published in two parts in 2001 and includes several recommendations relating to the RSCR. The revisions have closed out two recommendations.
4. HSE's HM Railway Inspectorate (HMRI) has revised its Safety Case Assessment Manual to take account of the latest regulatory changes. The Manual provides guidance to inspectors on the criteria to be met and evidence to be sought from railway operators before a safety case or revision can be accepted. It is intended to be of use to railway operators preparing or revising a safety case. The Manual can be accessed on HSE's website at http://www.hse.gov.uk/railways/rsc/frameset/manual.htm

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