15 July 2004 - Rail Review - Response by the Health and Safety Commission (HSC), Health and Safety Executive (HSE) and the TUC
The Secretary of State for Transport has recently announced, moves to transfer responsibility for railway safety regulation from HSC/E to the new Office of Rail Regulation (ORR).
The HSC and HSE are showing their disappointment at this decision who firmly believe that "safety regulation should be independent of its industry" and have published the correspondence between the HSC Chair and the Secretary of State showing their feelings on their web site.
Until the transfer to the new ORR, HSC/E will continue to carry out their statutory responsibilities in respect of the regulation of railway safety.
HSC Chair Bill Callaghan commented:
“The
Commission is naturally disappointed at this decision. Both HSC and HSE have
presented robust arguments, factually based with supporting evidence, to DfT
during the Review. It is our firm belief that safety regulation should be
independent of its industry and that any regulator should have teeth to be
able to enforce measures where necessary.
“However, I have assured the Secretary of State that we will do everything
we can to make this transition from HSC/E to ORR work smoothly. The
Commission will continue its work to ensure that standards of safety for
rail workers and passengers alike are maintained. We are pleased that the
Government has clearly indicated that the proposed changes will not see any
reduction in levels of railway safety and that the Health and Safety at Work
Act will continue to apply. I welcome the assurances from the Secretary of
State and his support for HSC/E’s work.
“The Commission appreciates the outstanding contribution made to railway
safety by all HSE rail staff; both in the day to day oversight of safety by
HM Railway Inspectorate and the rail policy work to take forward the
recommendations made by Lord Cullen following the Ladbroke Grove Inquiry.”
HSE Director General Timothy Walker also commented:
“I
share the Commission’s disappointment in this outcome. I too am grateful for
the work of all my colleagues engaged in railway safety. During its time in
HSE, HM Railway Inspectorate’s oversight of the rail industry’s management
of health, safety and welfare has seen an overall improvement in safety
indicators despite recent serious incidents. Our rail policy advisers have
been dedicated to the task of reviewing and revising railway safety
legislation and guidance in the light of recommendations made following
these incidents, and measures from Europe to modernise the rail regulatory
framework. HSE rail staff have set high standards of professionalism and
should be proud of what they have achieved within HSE.
“I echo the commitment to ensure that safety standards are maintained. HSE
will work closely with DfT and the ORR to ensure a smooth handover of
responsibilities; I know that my rail colleagues are capable of meeting this
challenge. For my part, I am committed to ensuring that HSE will manage this
change effectively and secure comparable terms and conditions for staff who
transfer to ORR.”
TUC General Secretary Brendan Barber has also expressed safety concerns over the changes:
"Everyone
wants the UK to have a rail network to rival the best of the rest of Europe.
Many of the proposals in the White Paper should see improvements for all
those who work and travel on our railways. But the Government's decision to
snatch safety responsibilities from the Health and Safety Executive is not a
sensible one.
"We have grave reservations about giving rail safety to the Office for the
Rail Regulator. This goes against the clear recommendation of the Cullen
report and can only put safety at risk. Financial and safety regulation do
not mix.
"Until now passengers and rail employees have felt reassured that safety has
been in the hands of an independent body. Train companies moan that rail
safety standards are too high and too restrictive, but I'm not sure that the
families of the victims of Potters Bar or Ladbroke Grove would agree. I urge
ministers to think again, give the HSE more money to do its job properly,
and help make our railway safety record the envy of Europe."
The recent exchange of correspondence between the HSC Chair and the Secretary of State can be found on the HSE web site by clicking here.
