Railway Safety Management System Regulations, 2015 (SOR/2015-26)

Marginal note:Procedure

14 A railway company must include, in its safety management system, a procedure for conducting the analyses referred to in section 13.

Risk Assessment Process

Marginal note:Risk assessment

• 15 (1) A railway company must conduct a risk assessment in the following circumstances:

  • (a) when it identifies a safety concern in its railway operations as a result of the analyses conducted under section 13;

  • (b) when it proposes to begin transporting dangerous goods, or to begin transporting dangerous goods different from those it already transports; or

  • (c) when a proposed change to its railway operations, including a change set out below, may affect the safety of the public or personnel or the protection of property or the environment:

    • (i) the introduction or elimination of a technology, or a change to a technology,

    • (ii) the addition or elimination of a railway work, or a change to a railway work,

    • (iii) an increase in the volume of dangerous goods it transports,

    • (iv) a change to the route on which dangerous goods are transported, or

    • (v) a change affecting personnel, including an increase or decrease in the number of employees or a change in their responsibilities or duties.

• Marginal note:Components

  (2) The risk assessment must

  • (a) describe the circumstances that triggered the requirement to conduct the risk assessment;

  • (b) identify and describe the risks associated with those circumstances;

  • (c) identify the factors taken into account in the risk assessment, including the persons who may be affected and whether property or the environment is affected;

  • (d) indicate, for each risk, the likelihood that the risk will occur and the severity of its consequences;

  • (e) identify the risks that require remedial action; and

  • (f) identify the remedial action for each of those risks.

Marginal note:Consultation

• 16 (1) When identifying the risks that require remedial action and the remedial action to be implemented, a railway company must consult with the bargaining agents representing the employees of the railway company who are affected by any of those risks or, if there is no bargaining agent, with

  • (a) the employees of the railway company who are affected by any of those risks; or

  • (b) a representative selected by the employees of the railway company.

• Marginal note:Communication

  (2) The railway company must communicate the risks identified as requiring remedial action, and the remedial action to be implemented, to the employees of the railway company who are affected by any of the circumstances referred to in subsection 15(1).

Marginal note:Procedure, plan and method

17 A railway company must include, in its safety management system,

• (a) a procedure for identifying the risks that require remedial action, taking into account, for each risk, the likelihood that the risk will occur and the severity of its consequences;

• (b) a plan for the consultation referred to in subsection 16(1); and

• (c) a method for evaluating the level of risk, taking into account the likelihood that a risk will occur and the severity of its consequences.

Process for Implementing and Evaluating Remedial Action

Marginal note:Remedial action — implementation

• 18 (1) A railway company must implement remedial action with respect to the risks that it has identified in its risk assessment as requiring remedial action.

• Marginal note:Remedial action — evaluation

  (2) The railway company must evaluate the effectiveness of the remedial action in reducing or eliminating the risks.

Marginal note:Consultation

19 When evaluating the effectiveness of remedial action with respect to a risk, a railway company must consult with the bargaining agents representing the employees of the railway company who are affected by the risk or, if there is no bargaining agent, with

• (a) the employees of the railway company who are affected by the risk; or

• (b) a representative selected by the employees of the railway company.

Marginal note:Procedures and plan

20 A railway company must include, in its safety management system,

• (a) a procedure for selecting the remedial action to be implemented;

• (b) a procedure for implementing the remedial action and evaluating its effectiveness; and

• (c) a plan for the consultation referred to in section 19.

Process for Establishing Targets and Developing Initiatives

Marginal note:Targets and initiatives

• 21 (1) A railway company must, for each calendar year,

  • (a) establish targets designed to improve the safety of its railway operations; and

  • (b) develop initiatives to achieve each target.

• Marginal note:Basis for establishing targets

  (2) The targets must be based on the analyses conducted under section 13 and must take into account the results of any previous analyses.

Marginal note:Details of initiatives

22 A railway company must include, in its safety management system, a written description of each initiative to be implemented in order to achieve each target and a written explanation of how the initiative will contribute to achieving that target.

Marginal note:Communication

23 A railway company must communicate to its employees the targets established and the initiatives to be implemented.

Process for Reporting Contraventions and Safety Hazards

Marginal note:Internal reporting

• 24 (1) A railway company must include, in its safety management system, a procedure for enabling its employees to report to the railway company, without fear of reprisal, a contravention of the Act or of any regulations, rules, certificates, orders or emergency directives made under the Act in relation to safety, or a safety hazard.

• Marginal note:Policy

  (2) The railway company must include, in its safety management system, a policy, in writing, for protecting its employees from reprisals for reporting a contravention or safety hazard.

• Marginal note:Collaboration

  (3) The railway company must develop the procedure and the policy in collaboration with the bargaining agents or, if there is no bargaining agent, with its employees or a representative selected by its employees.

• Marginal note:Communication

  (4) The railway company must communicate the procedure and the policy to its employees.

Process for Managing Knowledge

Marginal note:List

• 25 (1) A railway company must establish a list setting out

  • (a) the duties that are essential to safe railway operations;

  • (b) the positions in the railway company that have responsibility for the performance of each of those duties; and

  • (c) the skills and qualifications required to perform each of those duties safely.

• Marginal note:Employees — skills and qualifications

  (2) The railway company must ensure that an employee who performs any of the duties referred to in paragraph (1)(a) has the skills and qualifications referred to in paragraph (1)(c).

• Marginal note:Employees — knowledge

  (3) The railway company must ensure that an employee who performs any of the duties referred to in paragraph (1)(a) has knowledge of

  • (a) the requirements of the instruments referred to in subsection 10(1) that the employee needs to know to carry out his or her duties safely;

  • (b) any federal legislation that may affect railway safety and that the employee needs to know to carry out his or her duties safely; and

  • (c) any of the railway company’s procedures — including any procedure referred to in this Part — standards, instructions, bulletins or other internal documents that may affect railway safety and that the employee needs to know to carry out his or her duties safely.

Marginal note:Other persons

26 A railway company must ensure that any person, other than an employee, who is authorized by the railway company to access the railway and whose activities may affect the safety of railway operations has knowledge of

• (a) the requirements of the instruments referred to in subsection 10(1) that the person needs to know to carry out his or her activities safely;

• (b) any federal legislation that may affect railway safety and that the person needs to know to carry out his or her activities safely; and

• (c) any of the railway company’s procedures — including any procedure referred to in this Part — standards, instructions, bulletins or other internal documents that may affect railway safety and that the person needs to know to carry out his or her activities safely.

Marginal note:Plan and methods

27 A railway company must include, in its safety management system,

• (a) a plan for ensuring that an employee who performs any of the duties referred to in paragraph 25(1)(a) has the skills and qualifications referred to in paragraph 25(1)(c) and the knowledge referred to in subsection 25(3);

• (b) a method for verifying that an employee who performs any of the duties referred to in paragraph 25(1)(a) has the skills and qualifications referred to in paragraph 25(1)(c) and the knowledge referred to in subsection 25(3);

• (c) a method for supervising an employee who performs any of the duties referred to in paragraph 25(1)(a); and

• (d) a method for verifying that a person referred to in section 26 has the knowledge referred to in that section.

Process with Respect to Scheduling

Marginal note:Principles of fatigue science

• 28 (1) A railway company must apply the principles of fatigue science when scheduling the work of the employees referred to in subsection (2), including the principles

  • (a) that human fatigue is governed by physiology;

  • (b) that human alertness is affected by circadian rhythms;

  • (c) that human performance degrades in relation to hours of wakefulness and accumulated sleep debt; and

  • (d) that humans have baseline minimum physiological sleep needs.

• Marginal note:Method

  (2) The railway company must include, in its safety management system, a method for applying the principles of fatigue science when scheduling the work of an employee who is required to work according to a schedule that

  • (a) is not communicated to the employee at least 72 hours in advance;

  • (b) requires the employee to work beyond his or her normal work schedule; or

  • (c) requires the employee to work between midnight and 6:00 a.m.

• Marginal note:Communication

  (3) The railway company must communicate, to any employees who are required by the railway company to work according to a schedule referred to in subsection (2), how the principles of fatigue science have been taken into account when requiring them to work according to that schedule.

• Marginal note:Exception

  (4) This section does not apply when scheduling the work of employees during an emergency related to the safety of railway operations.

Process for Continual Improvement of the Safety Management System

Internal Monitoring

Marginal note:Monitoring

• 29 (1) A railway company must, on a continual basis, monitor the implementation of its safety management system to verify

  • (a) whether the bargaining agents, the employees or a representative selected by the employees are being involved in the processes as required by this Part;

  • (b) whether the targets established by the railway company under section 21 are being achieved; and

  • (c) whether the procedures required by this Part are being followed, and whether the policy referred to in subsection 24(2) and the methods and plans required by this Part are being implemented.

• Marginal note:Deficiencies in implementation

  (2) Monitoring must include, if applicable, inquiring into

  • (a) the cause of any deficiencies in the implementation of the railway company’s safety management system and any actions being taken to remedy those deficiencies; and

  • (b) the reasons why the targets are not being achieved.

• Marginal note:Annual report

  (3) The railway company must prepare an annual report setting out the conclusions of its monitoring activities.

• Marginal note:Accountable executive

  (4) The railway company must ensure that the conclusions of the annual report are brought to the attention of the accountable executive.