an accident, an investigation and a case for change a rail safety campaign by the australian rail,...
TRANSCRIPT
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An accident, an investigation and a case for change
A rail safety campaign by theAustralian Rail, Tram and Bus Industry Union (RTBU)
Roger Jowett
IRSC, Denver 2008
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Background
Industry context: South Australia (SA) Prior to 1998 ANRC was vertically
integrated. In 1998 ANRC is privatised and sold in
“bundles” Leigh Creek coal line: electricity industry
production,distribution,generation SA Rail Safety Act 1996 “light hand”
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RTBU Rail Safety Campaign
Australia wide review of rail safety in progress
RTBU argues for review of the SA Rail Safety Act following Deaths, injuries, near misses
Incidents and life expired infrastructure
Rail companies investigate accidents
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Australian Rail Network
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High rail vehicle accident site
September 2004
Leigh Creek Line
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RTBU Safety Demands
Independent rail investigator-ATSB Systemic issues Role and responsibilities of the
regulator National review of operating practices Train control procedures Working alone in remote locations
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Hirail vehicle-post accident
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Accident site
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Accident Investigation Findings
Large number of contributory factors 2 principal concerns
Why did the hirail vehicle derail? The time taken to find the track
inspector
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Investigation Report: safety actions to be taken
Safe working forms The vehicle Communications-contact lists Location devices Radio network control centres Overdue track occupancies
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Code of Practice Developed
Code Management Company (RISSB) develops industry technical standards
Development group Track managers/maintainers, rail regulators,
vehicle manufacturers, rail operators, RTBU reps First meeting March 2005 Guideline completed February 2006
Australian Code of Practice Guideline for the safe operation of Road-Rail
Vehicles
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Prosecution of Company
Charged under OHS law Finding: “culpability of very high order” Foreseeablity of risk serious injury/death Several means to reduce or remove risks Penalty of $US48,000 with 20% reduction
for early plea and contrition Another rail company fined $US24,000 in
early 2008 for death of wagon maintainer
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Wider issues raised
Union studies of OHS fines found Fines actually imposed showed little
relation to legislative provisions Value of life studies was variable Fines and sentencing outcomes were
inadequate Deterrence ineffective
Pervasive undervaluing of workplace deaths
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Wider issues raised(cont)
Stronger framework required to improve safety outcomes Corporate crimes involving money
attract significant fines and jail sentences – apply similar principles?
Relate fines to company turnover? Consider adoption of 2008 UK Corporate
Manslaughter Legislation model?
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Australian Transport Ministers to examine single national regulator and separate investigator
Options for single investigator Status quo –enhanced status quo and
single National Investigator 8 Governance principles
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Governance Issues
Principles Independence Witness protection and confidentiality Transparency of public reporting Confidential reporting
Current structures 8 jurisdictions 3 have dedicated investigator resources