THE DEPARTMENT FOR TRANSPORT'S RAIL REVIEW - THE HEALTH AND SAFETY COMMISSION PUBLISHES ITS RESPONSE

HSC press release C015:04 - 13 April 2004

The Health and Safety Commission (HSC) today published its response to the Department for Transport's Rail Review, announced by Alastair Darling on 19 January 2004.

'Submission to the Secretary of State for Transport from the Health and Safety Commission' discusses the background to health and safety law on the railways, examines current industry problems, and sets out solutions being taken forward now by both HSC and its operational arm, the Health and Safety Executive (HSE).

Bill Callaghan, Chair of the HSC said:

"I repeat what I said when the Rail Review was announced - that health and safety must be truly independent of the industry and economic pressures, and that the regulator must have teeth to be able to enforce health and safety measures where necessary. We saw last week that the courts imposed on Thames Trains a record fine of £2 million for its serious omissions in respect of driver training which led to the Ladbroke Grove collision. The judge remarked that the fine should serve as a reminder of the paramount importance of safety and the prompt attention to risk.

"Alongside its regulatory duties, HSC and HSE are also tasked by Government to monitor the implementation of the safety recommendations made following the Public Inquiries into recent rail disasters. While good progress has been made in the last few years there are key issues which remain to be resolved; for example, licensing of train drivers. Both HSC and HSE remain committed to the task of working with the industry to ensure reasonable standards of safety for rail workers and passengers alike. They should expect nothing less.

"I hope that the Rail Review will provide a rigorous and objective examination of performance and safety and the reasons for cost increases. We are determined to play our part in achieving a safe and high performing railway."

Submission to the Secretary of State for Transport from the Health and Safety Commission is on the HSE website at http://www.hse.gov.uk/railways/liveissues.htm

Notes to editors

1. The Secretary of State for Transport announced the Rail Review on 19 January 2004. The HSC published an immediate response, see press release C003-04 dated 19 January 2004 at http://www.hse.gov.uk/press/2004/c04003.htm

2. Professor John Uff and Lord Cullen led Public Inquiries to examine railway safety issues following the fatal collisions at Southall in 1997 and Ladbroke Grove in 1999. The ensuing four Reports set a total of 295 recommendations and both Professor Uff and Lord Cullen asked HSC and HSE to monitor implementation. HSC has published reports charting progress made to date, most recently on 5 August 2003, see press release C040-03 at http://www.hse.gov.uk/press/2003/c03040.htm.

3. In his Report into Southall Professor Uff recommended (number 7) that Railtrack (now Network Rail) together with ATOC should establish a national qualification and accreditation system for drivers including centrally held records to be made available to the current employer. This recommendation was superseded by one made by Lord Cullen in his Part 2 Report on the Inquiry into Ladbroke Grove. This recommendation - number 25 - stated that there should be a system for the licensing and central recording of those who are qualified to drive trains in respect of their knowledge of the rules and regulations and the traction for which they have been assessed as competent. Training providers or train operators should be accredited and common standards laid down for the purpose.

4. The European Commission's (EC) Directorate-General for Energy and Transport published a Working Document on Train Driver Certification (EC-DG TREN-E2) on 16 July 2003. In view of this impending Directive it has been HSC's intention that development of any national licensing system is taken forward as an industry led initiative with a view to assisting European negotiations on the Directive. HSC published proposals for a voluntary, industry owned and run, accredited national licensing system for train drivers in its Discussion Document 'Safety on the Railway - Shaping the Future' (http://www.hse.gov.uk/consult/disdocs/railwaydd.htm) in October 2003. On 3 March 2004 the EC published its proposals for a Directive on the certification of train crews operating locomotives and trains on the Community's rail network [COM (2004) 142]. HSE is now to work with an industry steering group to determine how an accredited national licensing system, that takes into account the EC proposals, can be established.

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