HSC Publishes proposals for new safety regulations for railways and other guided transport systems

HSC press release C040: 04 - 6 September 2004

The Health and Safety Commission (HSC) today launched a public consultation on proposals for new safety requirements for railways and other guided transport systems.

'Proposals for new safety regulations for railways and other guided transport systems' are intended to modernise existing regulations for rail safety so the requirements are more effective and better targeted to risk. Specifically, the proposed new framework will:

• Implement most of the Railway Safety Directive (RSD) (2004/49/EC), which establishes common principles for safety management across the interoperable trans-European rail network;
• Apply the same principles of regulation to other railways and guided transport systems, e.g. metros, tramways and heritage railways, in a way that is proportionate to risk and the character of the transport operation;
• Address outstanding recommendations from recent public inquiries on the management of railway safety; and
• Bring together and streamline key elements of the existing safety requirements.

Welcoming publication, Bill Callaghan, HSC Chair, said:

"This Consultative Document is an important milestone in our review of railway safety. It is an opportunity for everyone concerned to help frame a modern, cost-effective legislative framework for rail safety that will maintain the significant overall improvements that have been achieved in recent years. For the mainline network it sets out proposals to move as soon as possible to the European approach in the Rail Safety Directive in line with the recent Government White Paper 'The Future of Rail'. We will continue to work closely with all stakeholders to put in place a modernised legislative framework."

Elizabeth Gibby, Head of the Health and Safety Executive's (HSE) Cullen Legislation Division said:

"Publication of this Consultative Document marks a key stage in an on-going dialogue with stakeholders. It builds on the Discussion Document HSC issued in October 2003, and on the views and ideas developed in well-attended open meetings in February and June 2004. We are very grateful to all those who have contributed so far. We welcome views from all interested parties on the proposals published today, in particular on the overall approach, the detailed proposals for rail and other guided transport systems, and the transitional arrangements for a managed move from the existing arrangements to the proposed new framework."

Consultees have until 29 November 2004 to submit comments on the proposals. Following consideration of the responses, and subject to agreement of HSC and Ministers, the proposed regulations would be made in Spring 2005 and come into force in October 2005.

'Proposals for new safety regulations for railways and other guided transport systems', can be found on HSE's website at http://www.hse.gov.uk/consult/live.htm. It includes a questionnaire for return electronically to HSE.

Notes to editors

1 The proposals comprise draft Railways and Other Guided Transport Systems (Safety) Regulations, a draft Approved Code of Practice (ACoP) 'Managing Risks from Fatigue in Workers undertaking Safety Critical Work', a Regulatory Impact Assessment, the full text of the Railway Safety Directive, explanatory chapters and a questionnaire for return to HSE. The Consultative Document raises 40 specific questions on aspects of the draft regulations and ACoP, and invites comments on all aspects of the package. One of the questions seeks stakeholders' views on what guidance is needed on the proposed new regulations, and on the nature and format of guidance that would be most useful.

2 An ACoP gives practical advice on how to comply with the law. It has a special legal status. If a person is prosecuted for breach of health and safety law, and it is proved that the person did not follow the relevant provisions of the ACoP, a court will find that person at fault unless they can show that they have complied with the law in another way. In this case the proposed ACoP gives guidance on a specific requirement of the draft regulations that:

'Every controller of safety critical work shall have in place arrangements to ensure, so far as is reasonably practicable, that a safety critical worker under his management, supervision or control does not carry out safety critical work in circumstances where he is so fatigued or where he would be liable to become so fatigued that his health or safety or the health or safety of other persons on a transport system could be significantly affected.'

3 The review of rail safety started in Spring 2002, and has progressed in open and iterative dialogue with stakeholders using a combination of 'one to one' meetings, workshops, working groups, open meetings, and an HSC Discussion Document 'Railway Safety - Shaping the Future' published in October 2003; see press release C059-03 dated 27 October 2003 http://www.hse.gov.uk/press/2003/c03059.htm. This has been supplemented by independent evaluation studies of the present regulatory requirements for railway safety cases (http://www.hse.gov.uk/research/rrhtm/rr192.htm) and for safety critical work (http://www.hse.gov.uk/railways/scwreport.htm). A wide range of stakeholders have been engaged including the industry, passenger groups and rail trade unions.

4 The proposed legislative changes mark the biggest change to rail safety legislation since privatisation in 1994. Three separate sets of regulations dealing with safety cases, staff competence, fitness and fatigue and approval of railway works, plant and equipment will be revoked and replaced by one set of regulations. The three sets of Regulations that will be replaced are:

• The Railways (Safety Case) Regulations (SI 2000/2688);
• The Railways (Safety Critical Work) Regulations (SI 1994/299); and
• The Railways and Other Transport Systems Regulations (Approval of Works, Plant and Equipment) Regulations (SI 1994/157)

5. The purpose of the Railway Safety Directive is: 'to ensure the development and improvement of safety on the Community's railways and improve access to the market for rail transport services by:

• Harmonising the regulatory structure in the Member States;
• Defining the responsibilities between the actors;
• Developing common safety targets and common safety methods with a view to greater harmonisation of national safety rules;
• Requiring the establishment in every Member State, of a safety authority and an accident and incident investigating body; and
• Defining common principles for the management, regulation and supervision of railway safety.

6. The proposals published today will address most of these elements. A separate consultative exercise planned for September will set out proposals for the establishment of a Rail Accident Investigation Branch. DfT-led proposals to implement separate directives on interoperability of the trans-European high-speed and conventional rail systems will follow.

7. On 15 July 2004 the Government announced in its White Paper 'The Future of Rail' (http://www.dft.gov.uk/railways/whitepaper) that responsibility for rail safety regulation would pass from the HSE to the Office of Rail Regulation. The Government confirmed that until that transfer takes place, HSE would retain its statutory responsibility for the regulation of railway safety as set out in the Health and Safety at Work Act 1974 (HSWA); see press release C032-04 dated 15 July 2004 http://www.hse.gov.uk/press/2004/c04032.htm.

8. The railway is subject to the provisions of the HSWA. Ahead of privatisation in 1994, railway-specific legislation was reviewed and revised to address the potential risks from fragmentation of the industry. Over the past decade there has been an overall improvement in rail safety indicators despite some serious incidents. Public inquiries into accidents such as that at Ladbroke Grove (http://www.hse.gov.uk/railways/paddrail/lgri2.pdf) have prompted wide-ranging programmes of reforms (http://www.hse.gov.uk/railways/railpublic2.pdf). The proposals launched today take forward outstanding issues relating to the legal requirements for rail safety.

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