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Interpretation
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Safety
Management System
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Safety
Performance Assessment
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Submissions
to the Minister
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Production of
Documents
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Coming into Force
Whereas, pursuant to subsection 50(1)(a) of the Railway Safety Act(b),
a copy of the proposed Railway Safety Management System Regulations,
substantially in the form set out in the annexed regulations, was published in the
Canada
Gazette, Part I, on February 26, 2000 and a reasonable opportunity was
afforded to interested persons to make representations to the Minister of Transport with
respect to the proposed Regulations;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the
Minister of Transport, pursuant to section 37(c) and subsection 47.1(1)(d)
of the Railway Safety Act(b), hereby makes the annexed Railway Safety
Management System Regulations.
10000-157
(CG-I/GC-I)
RAILWAY SAFETY MANAGEMENT SYSTEM
REGULATIONS
1. The definitions in this section apply in these Regulations.
"disabling injury" has the meaning assigned in section 15.1 of the
Canada
Occupational Safety and Health Regulations and section 11.1 of the On-Board Trains
Occupational Safety and Health Regulations. (blessure invalidante)
"minor injury" has the meaning assigned in section 15.1 of the
Canada
Occupational Safety and Health Regulations and section 11.1 of the On-Board Trains
Occupational Safety and Health Regulations. (blessure légère)
"reporting criteria" means
- in respect of an accident, the criteria set out in the definition
"reportable railway accident" in subsection 2(1) of the Transportation
Safety Board Regulations; and
- in respect of an incident, the criteria set out in the definition
"reportable railway incident" in subsection 2(1) of the Transportation
Safety Board Regulations. (critères à signaler)
"risk" means the chance of injury or loss measured as the probability
and severity of an adverse effect on health, property, the environment or other things of
value. (risque)
"risk control strategy" means a course of action intended to reduce the
frequency or severity of injury or loss, including a decision not to engage in or not to
continue an activity. (stratégie de contrôle du risque)
2. A railway company shall implement and maintain a safety management
system that includes, at a minimum, the following components:
- the railway company safety policy and annual safety performance targets and
the associated safety initiatives to achieve the targets, approved by a senior company
officer and communicated to employees;
- clear authorities, responsibilities and accountabilities for safety at all
levels in the railway company;
- a system for involving employees and their representatives in the development
and implementation of the railway companys safety management system;
- systems for identifying applicable
- railway safety regulations, rules, standards and orders, and the procedures for
demonstrating compliance with them, and
- exemptions and the procedures for demonstrating compliance with the terms or
conditions specified in the notice of exemption;
- a process for
- identifying safety issues and concerns, including those associated with human
factors, third-parties and significant changes to railway operations, and
- evaluating and classifying risks by means of a risk assessment;
- risk control strategies;
- systems for accident and incident reporting, investigation, analysis and
corrective action;
- systems for ensuring that employees and any other persons to whom the railway
company grants access to its property, have appropriate skills and training and adequate
supervision to ensure that they comply with all safety requirements;
- procedures for the collection and analysis of data for assessing the safety
performance of the railway company;
- procedures for periodic internal safety audits, reviews by management,
monitoring and evaluations of the safety management system;
- systems for monitoring management-approved corrective actions resulting from
the systems and processes required under paragraphs (d) to (j); and
- consolidated documentation describing the systems for each component of the
safety management system.
3. (1) A railway company shall maintain records of the following
information for the purpose of assessing its safety performance:
- accident and incident investigation reports and a description of the
corrective actions taken for accidents and incidents that meet the reporting criteria; and
- accident rates expressed as follows:
- employee deaths, disabling injuries and minor injuries, per 200,000 hours
worked by the employees of the railway company, and
- train and grade crossing accidents that meet the reporting criteria, per
million train miles.
(2) At the request of the Minister, a railway company shall collect, maintain and
submit to the Minister specified performance or safety data for the purpose of monitoring
the effectiveness of its safety management system and its safety performance.
4. (1) A railway company shall submit to the Minister the following
information in respect of its safety management system:
- the name, address and position of the person responsible for the safety
management system;
- a description of the railway companys operations and rail network;
- the railway companys safety policy;
- the railway companys safety performance targets and the associated
safety initiatives to achieve the targets for the calendar year in which the submission is
made;
- information showing the reporting structure and safety relationships of
positions and departments in the company, including organization charts;
- a list of the applicable railway safety regulations, rules, standards, orders
and exemptions;
- a description of the railway companys risk management process and risk
control strategies;
- a list of the railway companys training and qualification programs,
including those of external sources;
- a description of the data being collected by the railway company for the
purpose of assessing its safety performance;
- a description of the railway companys internal safety audit program; and
- a list of the titles and dates of all documents in the railway companys
safety management system that describe how the railway company is meeting its obligations
with respect to each safety management component set out in section 2.
(2) The information shall be submitted
- in respect of a railway company that is in operation on March 31, 2001, before
April 30, 2001; and
- in any other case, at least 60 days before the railway company begins
operations.
5. (1) Not later than March 1 of each year following the year in which a
railway company submits the information required pursuant to subsection 4(1), the railway
company shall submit to the Minister the following information in respect of the preceding
calendar year:
- any revisions made to the information referred to in subsection 4(1);
- its safety performance relative to its safety targets; and
- its accident rates expressed as required in paragraph 3(1)(b).
(2) The railway company shall include in the information its safety targets for
the calendar year in which the submission is made.
6. To enable a railway safety inspector to monitor compliance with these
Regulations, a railway company shall keep readily available all documents that are
mentioned in its safety management system.
7. These Regulations came into force on March 31, 2001 .
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