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

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”

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

Australian Rail Network

High rail vehicle accident site

September 2004

Leigh Creek Line

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

Hirail vehicle-post accident

Accident site

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

Investigation Report: safety actions to be taken

Safe working forms The vehicle Communications-contact lists Location devices Radio network control centres Overdue track occupancies

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

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

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

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?

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

Governance Issues

Principles Independence Witness protection and confidentiality Transparency of public reporting Confidential reporting

Current structures 8 jurisdictions 3 have dedicated investigator resources