PART 1Railway Companies (continued)
Safety Management System (continued)
Process for Ensuring Compliance with Regulations, Rules and Other Instruments
Marginal note:List of instruments
(a) any regulations made under the Act that apply to the railway company and that are in force;
(b) any engineering standards approved by the Minister under section 7 of the Act or established by the Minister under subsection 19(7) of the Act that apply to the railway company and that are in effect;
(c) any rules approved or established by the Minister under section 19 of the Act that apply to the railway company and that are in force;
(d) any exemptions granted under section 22 or 22.1 of the Act that apply to the railway company and that are in effect;
(e) any notices sent to the railway company under section 31 of the Act that contain an order and that are in effect; and
(f) any documents in effect by which the Minister has ordered the railway company to do or to not do something, including a ministerial order issued under section 32 of the Act and an emergency directive sent under section 33 of the Act.
Marginal note:Date and subject matter
(2) The list of instruments must include
(3) The railway company must keep the list of instruments up to date and must indicate the date of its last revision.
11 A railway company must include, in its safety management system, a procedure for
(a) reviewing and updating the list of instruments referred to in subsection 10(1); and
(b) verifying compliance with
Process for Managing Railway Occurrences
(2) The railway company must communicate to its employees the procedure for reporting railway occurrences.
Process for Identifying Safety Concerns
13 A railway company must, on a continual basis, conduct analyses of its railway operations to identify safety concerns, including any trends, any emerging trends or any repetitive situations. The analyses must, at a minimum, be based on
(a) any reports of railway occurrences;
(b) any internal documentation relating to railway occurrences;
(c) any reports of injuries;
(d) the results of any inspections conducted by the railway company or by a railway safety inspector;
(e) any reports of contraventions or safety hazards that are received by the railway company from its employees;
(f) any complaints relating to safety that are received by the railway company;
(g) any data from safety monitoring technologies;
(h) the conclusions of the annual report referred to in subsection 29(3); and
(i) the findings of any audit reports.
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
(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.
(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.
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
(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
Marginal note:Remedial action — evaluation
(2) The railway company must evaluate the effectiveness of the remedial action in reducing or eliminating the risks.
- Date modified: