6 September 2004 - New Consultation Document - Proposals for New Safety Regulations for Railways and Other Guided Transport Systems
The Health and Safety Commission (HSC) has launched a public consultation on proposals for new safety requirements for railways and other guided transport systems.
The new document - CD199 Proposals for new safety regulations for railways and other guided transport systems is intended to modernise existing regulations for rail safety so the requirements are more effective and better targeted to risk, which are also in line with the Government’s White Paper ‘The future of rail’.
The document is a key stage in an on-going dialogue with stakeholders which started in Spring 2002, and uses a combination of ‘one to one meetings, workshops, working groups, open meetings, as well as the HSC Discussion Document ‘Safety on the Railway - Shaping the Future’. The proposals have also been informed by two independent evaluation studies of key aspects of the present regulatory requirements.
The proposed legislative changes mark the biggest change to rail safety legislation since privatisation in 1994. The proposed changes would be introduced through the Railways and Other Guided Transport Systems (Safety) Regulations, and an Approved Code of Practice - 'Managing risks from fatigue in Workers undertaking Safety Critical Work'. The proposals also include:
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a Regulatory Impact Assessment
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full text of the Railway Safety Directive
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explanatory chapters and a questionnaire for return to HSE
The proposed new framework will:
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Implement much of the Railway Safety Directive (RSD) (2004/49/EC), which establishes common principles for safety management across the interoperable trans–European rail network
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Apply similar principles of regulation to other railways and guided transport systems, e.g. metros, tramways, and heritage railways, in a way that is proportionate to risks, and the character of the transport operation
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Conclude outstanding recommendations from recent public inquiries on the management of railway safety
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Bring together and streamline key elements of the existing safety requirements
The three 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, which are:
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The Railways (Safety Case) Regulations (SI 2000/2688)
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The Railways (Safety Critical Work) Regulations (SI 1994/299)
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The Railways and Other Transport Systems Regulations (Approval of Works, Plant and Equipment) Regulations (SI 1994/157)
Bill Callaghan, HSC Chair commented:
"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 also commented:
"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".
CD199 Proposals for new safety regulations for railways and other guided transport systems can be accessed by clicking here.
The Consultation ends: 27 November 2004
Comments should be sent to: Maxine Burke at: HSE, Rail Policy, 3NW Rose Court, 2 Southwark Bridge, London SE1 9HS, telephone 0207 717 6248, fax 020 7717 6814. e-mail railway.consultation@hse.gsi.gov.uk
