CERTIFICATION, DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE GUIDELINES for BRITISH COLUMBIA COMMUTER RAILWAYS

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1 CERTIFICATION, DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE GUIDELINES for BRITISH COLUMBIA COMMUTER RAILWAYS Part 3 Accident/Incident Reporting for Commuter Railways NOTE: On the issuance of a minister s certificate commuter railways become responsible for compliance with the ACCIDENT/INCIDENT REPORTING REGULATIONS for BC RAILWAYS. Section Requirements Source/Rationale 3.1 Definitions in these requirements: collision means an impact, other than an impact associated with normal operating circumstances, between rolling stock or between rolling stock and another object; Section 2 (1) Transportation Safety Board Regulations (Canada) Adopted under the Railway Safety Adopted Provisions Regulations May 12th 2004 dangerous goods means any product, substance or organism included by its nature or by the Transportation of Dangerous Goods Regulations (Canada) in any classes listed in the schedule to the Transportation of Dangerous Goods Act (Canada), and includes the dangerous materials listed in Schedule 1 of the Dangerous Bulk Materials Regulations (Canada); derailment means an accident whereby one or more wheels of rolling stock leave the rails, other than by reason of an explosion or a collision; grade crossing collision means a collision that occurs at any railway crossing between rolling stock and any other crossing user; railway company means a commuter railway company that operates rolling stock involved in a reportable railway accident or incident; 1

2 3.1 cont. reportable railway accident means an accident resulting directly from the operation of a railway where: (a) A person sustains a serious injury or is killed as a result of being on board or getting on or off the rolling stock, NOTE: This includes the any person in or on a station, guideways or right or ways of commuter railways. (b) A person sustains a serious injury or is killed as a result of coming into contact with any part of the rolling stock or its contents. (c) The rolling stock is involved in a grade crossing collision. (d) The rolling stock is involved in a collision or a derailment and is carrying passengers. (e) The rolling stock is involved in a collision or derailment and is carrying dangerous goods, or is known to have last contained dangerous goods the residue of which has not been purged from the rolling stock. (f) The rolling stock sustains damage that affects its safe operation. (g) The rolling stock causes or sustains a fire or explosion, or causes damage to the railway, which poses a threat to the safety of any person, property or the environment. reportable incident means an incident resulting directly from the operation of rolling stock where; (a) A risk of a collision occurs. (b) An unprotected main track switch is left in an abnormal position. (c) A railway signal displays a less restrictive indication than required for the intended movement of rolling stock. (d) An unprotected overlap of operating authority occurs. (e) The movement of rolling stock exceeds the limits of its authority. (f) There is runaway of rolling stock. (g) Any crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform the crew member s duties as a result of a physical incapacitation that poses a threat to any person, property or the environment. (h) Any dangerous goods is released on board or from the rolling stock. risk of collision means a situation where rolling stock comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists; 2

3 3.1. cont. rolling stock means every description of equipment that is designed or modified for movement on its wheels along a line of railway or guideway and without limiting the generality of the forgoing, includes any locomotive, modified industrial equipment or construction wheeled power unit or combination of road/rail equipment and railway car that is so designed or modified; (Adapted from the Canada Transportation Act) serious injury means an injury that is likely to require admission to a hospital; NOTE: This includes any injury that requires transportation to a hospital for treatment by a registered medical practitioner. special situation means any situation or condition that the British Columbia Safety Authority (BCSA) has reasonable grounds to believe could if left unattended, induce an accident or incident; and track operator means the company that operates the track on which a reportable railway accident or incident takes place. 3.2 MANDATORY REPORTING Reportable Railway Accidents and Incidents (a) Subject to section (3.1), where a reportable railway accident or incident takes place, the commuter railway company, the track operator and any crew member aboard rolling stock involved in the accident or incident shall report to the BCSA as much of the information listed in section (3.2) as is available, as soon as possible and by the quickest means available. Section 4.1 Transportation Safety Board Regulations (Canada) Adopted under the Railway Safety Adopted Provisions Regulations May 12th 2004 (b) The report referred to in subsection (a) shall contain the following information: (i) the train number and direction; (ii) the names of the railway company and of the track operator; (iii) the names of the crew members; (iv) the date and time of the accident or incident; (v) the location of the accident or incident by reference to a mileage and subdivision location and, where applicable, the track designation in a yard; NOTE: Commuter railways shall reference the track section numbers and the nearest passenger station as applicable. 3

4 3.2 cont. (v) the number of crew members, passengers and other persons that were killed or sustained a serious injury; (vi) a description of the accident or incident and the extent of any resulting damage to the rolling stock, the railway, a commodity pipeline, the environment and other property; (vii) a summary description of any dangerous goods contained in or released from the rolling stock; (viii) in the case of a reportable accident, the anticipated arrival time of wreckclearing equipment, and NOTE: Commuter railways shall include the anticipated arrival time of the local first responder emergency services personnel and coroner s representatives as applicable. (ix) the name, location and title of the person making the report. (c) In addition to the reporting requirements set out in section (3.2), the person making the report shall, on a form approved by the BCSA, submit to the BCSA within 30 days after the accident or incident all the information listed in section (3.2), unless otherwise exempted by the BCSA pursuant to subsection 3.3. (d) The BCSA may exempt a person from submitting the information referred to in subsection 3.2 (a) where the BCSA has gathered the information through its own investigation of the accident or incident. (e) Where any person required to do so pursuant to subsection 3.2 (a) makes a report to the BCSA, no other person referred to in that subsection is required to make a report. 3.3 Voluntary Reporting General Any person having knowledge of an accident, incident or special situation associated with the operation of rolling stock may report to the BCSA any information that the person believes is relevant. Section 7 Transportation Safety Board Regulations (Canada) Adopted under the Railway Safety Adopted Provisions Regulations May 12th Confidential Reporting (a) The BCSA may establish a confidential reporting unit that shall have exclusive authority to receive and examine in confidence any verbal or written report made pursuant to section 3.3. Section 8. Transportation Safety Board Regulations (Canada) Adopted under the Railway Safety Adopted Provisions Regulations May 12th

5 3.4 cont. (b) Where a report is made to the BCSA, other than a report concerning a reportable accident or incident made by a person referred to in subsection 3.2 (a), no person shall release the identity of the person making the report or any information that could reasonably be expected to reveal the person s identity, unless the person making the report authorizes, in writing, its release. 3.5 Preservation of Evidence Respecting Reportable Accidents and Incidents (a) Subject to subsection (b) and (c), where a reportable accident or incident takes place, the owner, operator and any crew member shall, to the extent possible, and until otherwise instructed by the BCSA or except as otherwise required by law, preserve and protect any evidence relevant to the reportable accident or incident, including evidence contained in documents as defined in subsection 19 (16) of the Canadian Transportation Accident Investigation and Safety Board Act. (b) Recorded visual and audio evidence recorded by electronic means, of reportable accidents or incidence, shall be preserved until such time as the BCSA has authorized its destruction or erasure. (c) Subsection (a) shall not be construed as preventing any person from taking necessary measures to ensure the safety of any person, property or the environment. Section 9. Transportation Safety Board Regulations (Canada) Adopted under the Railway Safety Adopted Provisions Regulations May 12th 2004 (b) Recognition that commuter railway systems may have installed video cameras at locations throughout their systems, as a security measure, and the preservation of visual and audio recordings may assist BCSA during an accident or incident investigation. (d) Where evidence relevant to a reportable accident or incident has to be interfered with pursuant to subsection (b), the person directing, supervising or arranging the interference shall, to the extent possible in the circumstances, and prior to the interference, record the evidence by the best means available. (e) Where any person required to do so pursuant to subsection (a) preserves and protects evidence relevant to a reportable accident or incident, no other person referred to in that subsection is required to preserve or protect that evidence. 5

6 3.6 Records Management (a) Each commuter railway to which these requirements applies shall keep a record of each accident or incident as described in this Part. Adapted from Transport Canada s Rules Respecting Track Safety (b) Each record of an accident or incident shall be prepared on the day the accident or incident and signed by the person making the investigation or report. (c) Records must specify the number/s or names/s of the commuter passenger train/s involved. (d) The remedial action/s taken by the person/s making the investigation shall also be recorded. (e) The owner shall retain the investigation documents covered until such time as the BCSA directs. (f) All records shall be made available upon request to BCSA Railway Safety Inspectors. (g) For purposes of compliance with these requirements set out in this section, the commuter railway company may retain records in an electronic system provided that: (i) the electronic system is designed so that the integrity of each electronic record is maintained through the application of security measures, including means, to uniquely identify the person who made the investigation and is the author of that record; (ii) the electronic storage of each record shall be initiated by the person making the investigation by the following day following the completion of that investigation; (iii) the electronic system shall ensure that no electronic record can be modified in any way, or replaced, after the record has been stored in the electronic system; (iv) any correction with respect to an electronic record shall be stored and retained as a separate record apart from the electronic record that it corrects. (v) such corrections shall only be used to correct a data entry error in the original electronic record. (vi) the electronic system shall uniquely identify the person who made the correction; 6

7 3.6 continued (vii) the electronic system shall be designed to prevent the corruption of, or loss of data from any electronic record, such as by making back up copies of all electronic records on a daily basis; (h) The commuter railway company shall produce and provide to a Railway Safety Inspector any electronic record that is requested by Railway Safety Inspector that in paper or electronic format, as specified by the Inspector. (i) Where a commuter railway company receiving such request is unable to provide the records immediately, the commuter railway company shall, without delay, take all reasonable measures to provide the records. (l) For greater certainty, this provision in no way limits an Railway Safety Inspector powers, as set out in paragraph 28(1)(a.1) of the adopted Railway Safety Act (Canada). (k) All electronic records shall be available to the person/s who performed the investigation, the person responsible for commuter railway safety and to persons performing subsequent accident or incident investigations. 3.7 Reporting Procedures (a) To report railway accidents or incidents as soon as possible, as referred to in subsection 3.1, telephone , this telephone number is open 24 hours a day, 7 days a week throughout the year. BCSA Railway Accident Reporting Policy April 1 st 2004 (b) To submit the report form referred to in subsection 3.2, the report shall be forwarded in 30 days to: Railway Safety Manager BC Safety Authority # Sixth Street New Westminster BC V3L 5B3 or to: railwaysafety@safetyauthority.ca 7

8 RAILWAY ACCIDENT/INCIDENT REPORT FORM Reporting Railway or Track Operator: Address of Railway or Track Operator: Telephone #: Cell #: Fax #: Address: (Check box or fill in appropriate information) This Report is for: A Reportable Accident A Reportable Incident Event Location: (Mileage, sub-division, track designation, track section, nearest station, etc.) Train Designation or Identification: (Train Number or Movement Number) General Description of Accident/Incident: (Use additional sheets if necessary) Type of Railway Operation Common Carrier Industrial Commuter Street Car Heritage Other: (describe) Type of Rolling Stock Operation Pulling Pushing Rolling Free Stationary 8

9 Type of railway Activity Passenger Train Freight Train Mixed Train Work Train Yard Movement Other: (Describe) Direction of Travel North South East West Inbound Outbound Yard Stopped Names of Train Crew Conductor: Engineman: Trainman: Yard Switchman: Hostler: Other: (Describe): Type of Accident Injury or Death Collision Crossing Collision Train Collision Derailment Property Damage Fire/Explosion Threat Damages (Use additional sheets if necessary) Freight cars describe types & car ID numbers & number damaged: Passenger cars describe types & car ID numbers & number damaged: Locomotives describe types & engine numbers & number damaged: Other rolling stock describe type & equipment umbers & number damaged: Track & infrastructure (Describe): Other damages (Describe): 9

10 Dangerous Goods (Use additional sheets if necessary) Number of Dangerous Goods Cars Damaged Number of Dangerous Goods Cars Ruptured Number of Dangerous Goods Cars Leaking Names of Dangerous Goods Involved: Names of Dangerous Goods Released: Grade Crossing Accidents Name of Crossing: Sub-Division & Mileage of Crossing, or: Geographic Location: Type of Crossing Protection Signals Gates Stop Signs Flagged Highway User Involved Car Light Truck Heavy Truck Heavy Truck/Trailer Passenger Bus Passenger Van Industrial Equipment Farm Equipment Motor Cycle Bi-Cycle Pedestrian Other (Describe): Action by Train Crew Ringing Bell Sounding Whistle Emergency Braking Engine Lights On Action by Crossing User Stopped Foul Stopped on Crossing Moving Over Crossing Other (Describe): Outcome Train was Struck Car was Struck Train Derailed Other (Describe): Estimated Cost of Damage Railway Damage Costs $ Non-Railway Damage Costs $ 10

11 Causes Identify the Primary Cause: Identify Contributing Factors: Corrective Actions Describe Corrective Action Taken: _ Report Submitted by: Name: Title: Signature: Date: Forward the completed reported, within 30 days of the event, to: Postal Address: Railway Safety Manager, BC Safety Authority, Suite Sixth Street New Westminster BC V3L 5B3 or to: bcsa.railway@safetyauthority.ca 11