Rail safety watchdog must be independent, says safety chief

HSC press release C003:04 - 19 January 2004

Commenting on today's statement by the Secretary of State for Transport, Bill Callaghan, Chair of the Health and Safety Commission, said:

"Given the fundamental review announced by the Secretary of State of the way the railways are regulated, I welcome the inclusion of health and safety. Two fundamental principles should be maintained, for whoever carries out the role as regulator.

"First, health and safety should be truly independent - free from industry and economic pressures, and able to hold the industry to account. This was, after all, the reason why Lord Cullen recommended that the HSE retain its rail safety role.

"And second, the regulator must have teeth to be able to enforce health and safety measures where necessary.

"Passengers and railway workers need a strong regulator, and anything less than these principles would simply not be in the public interest."

Notes to editors

1. The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) are responsible for the regulation of almost all the risks to health and safety arising from work activities in Britain. The parts of HSE specifically concerned with rail are: HM Railway Inspectorate (HMRI) which includes inspectors and other staff involved in promoting compliance with health and safety law. HMRI has offices in various parts of Britain. The Policy Group's Rail Policy and Cullen (RPC) Division are responsible for developing and reviewing policy on health and safety on rail. RPC also provides support to the Channel Tunnel Safety Authority.

2. The Railway Industry Advisory Committee (RIAC) is an HSC-appointed committee with cross industry and passenger group representation. HSE provides support for this committee, whose purpose is to advise HSC on rail health and safety issues.

3. HSC and HSE were set up as non-departmental public bodies under the Health and Safety at Work etc Act 1974 and are independent of industry. HSC is accountable to the Secretary of State for Work and Pensions and is responsible for providing impartial advice on health and safety. HSC has general oversight of HSE - its main operational arm with responsibility for ensuring that industry complies with health and safety law.

4. The Railway Inspectorate became part of HSE during 1990 when it was transferred from the Department of Transport with its 43 staff. Since then the numbers of inspectors and other HSE staff working on rail has increased and the Railway Inspectorate has been able to benefit from the scientific and technological expertise available in HSE.

5. A basic principle of British health and safety law is that responsibility for health and safety rests with those who own, manage and work in the businesses. Employers must assess the risks involved and take action to manage them effectively. The legal term 'so far as is reasonably practicable' is widely used in health and safety law. This means that duty holders such as Network Rail, the train operating companies and contractors need to take precautions up to the point where doing more would be judged grossly disproportionate to any residual risk. In effect, this means that good practice should be followed whenever it is established.

6. HSE is responsible for the enforcement of health and safety law applying to the railways, and rail operators need to have a safety case accepted by HSE before they can operate on the network. The two other regulators involved in granting access to operate trains on the rail network are the Strategic Rail Authority (SRA) and the Office of the Rail Regulator (ORR). SRA is responsible for the overall strategic direction of Britain's railways and is directly responsible for letting and managing the rail passenger franchises. The Rail Regulator is the independent economic regulator responsible for the regulation of monopoly and dominant positions in the rail industry and issues licences to operate. HSE has regular formal contact with the SRA and ORR to ensure close working relations.

7. HSE also has regular dealings with the British Transport Police (BTP) which is the national police force for the railways. Following serious accidents, both the BTP and HSE will be involved in the investigation. Only the police can investigate serious criminal offences such as manslaughter. BTP will take the lead in these investigations and HSE will provide technical and scientific support. HSE investigates both technical causes and root cause failings in the management of health and safety and considers the possibility of criminal charges arising under health and safety law.

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office