Railway Safety Regulator Project 02/12/2018 NCOP

Contents of Presentation Background information RSR Bill Key Regulations Cascade of documentation Way forward Conclusion 02/12/2018 NCOP

Why a Railway Safety Regulator? Operator should not be “player” and “referee”; Current large number of operators; Safety considerations necessitate consistent: Development and application of standards Interfaces between operators Reporting and performance measurement Industry-wide trend analysis Promotion of safety culture, including: Employee involvement in safety processes Safety an integral part of management Harmonize with SADC objectives Changes to status quo will reinforce need for RSR Gautrain 02/12/2018 NCOP

Criteria Industry will remain responsible for managing safety Regulator to oversee safety and approve standards Bill, regulations, standards to be developed for South Africa Must be suitable for present and future Legislation should be simple, supplemented by regulations and standards All stakeholders should be consulted 02/12/2018 NCOP

International Approaches to Railway Safety 02/12/2018 NCOP

Externalities Influencing Railway Safety Technology Other Legislation International Benchmarking Legislation Act Regulation Regulator Monitoring Enforcement Organization’s Safety System Continuous Improvement of SAFETY Emergency Services Employees Other Industry Operators Public & Customers Company Management 02/12/2018 NCOP

Managing Railway Operational Safety Process is one of Co-regulation Industry responsibilities: Managing Safety Developing Standards Association responsibilities: Ensuring consistency of Standards Regulator responsibilities: Overseeing Safety Adopting Standards 02/12/2018 NCOP

Who will be Regulated 02/12/2018 NCOP SHOWS WHO IS REQUIRED TO PROVIDE THE SMS REPORT- NETWORK OPERATOR ,TRAIN OPERATOR AND STATION OPERATOR THE OPERATOR’S SMS WILL NEED TO DEMONSTRATE THE PROCESSES AND PROCEDURES FOR MANAGING CONTRACTORS, CARRIERS, ETC AND THIS WILL BE REPORTED IN THE SMS REPORT ALL OF THIS WILL BE IN ACCORDANCE WITH THE SMS REGULATIONS AND STANDARD 02/12/2018 NCOP

RSR: Overseeing Safety Conducting audits inspections and accident / incident investigations Analyzing accident reports; safety plans; performance indicators Benchmarking Consultation 02/12/2018 NCOP

Overseeing Safety (cont.) Making Regulations & Guidelines Ensuring industry reviews standards, including codes and rules Issuing of directives to limit operations Enforcement Relationship Building 02/12/2018 NCOP

RSR Bill Purpose Preamble To establish the Railway Safety Regulator to regulate safe railway operations Preamble Safe railway operations are fundamental Safe railway operations promote rail as mode Safe railway operation must be overseen, managed and coordinated Railway safety has a relationship with occupational safety, and with security Primary role is safe railway operations; supporting role occupational health and safety, and security Relevant organs of State must co-operate RSR is an Agency comprising Board, CEO and Staff reporting to Minister of Transport 02/12/2018 NCOP

RSR Bill [Preamble (cont.)] The Bill is enacted in order to: provide for and promote safe railway operations encourage collaboration between interested and affected parties recognise the prime responsibility and accountability of railway operators for safety of railway operations to facilitate a modern, flexible and efficient regulatory regime for enhancement of safe railway operations Promote harmonisation with SADC objectives 02/12/2018 NCOP

RSR Bill Chapter 1: Definitions and Interpretation Chapter 2: Purpose and Application Chapter 3: Establishment and Governance of RSR Chapter 4: Safety Permits Chapter 5: Safety Management Chapter 6: Entry and Inspection Chapter 2 currently covers all surface lines > 600mm incl. Mines. Met DMEA to discuss this aspect; they are investigating the implications Chapter 3 Co-operative Governance agreements (6) Functions of Regulator described (7) Membership and composition of Board and its functioning (8,11-16) Appointment and functioning of CEO (9) Appointment of staff of regulator (10) Funding of Regulator (17) Chapter 4 Every operator must be licenced (23) Describes contents of Safety Permit application (24) 02/12/2018 NCOP

RSR Bill Chapter 7: Reporting and Investigations Chapter 8: Monitoring, Assessment and Information Chapter 9: Appeals and Dispute Resolution Chapter 10: Offences and Remedies Chapter 11: General Provisions re Regulations Chapter 12: General and Transitional Provisions Chapter 5: Safety Management: Refer to Pages 20 and 21 of Bill Chapter 6 Minister to appoint safety inspectors; discussions with DoL have begun (33) Duties and powers of Inspector spelled out (34,-37) Chapter 7 What must be reported and by when (38) Investigations: Regulation being developed; Minister can direct any incident to be investigated Chapter 8: Regulation being developed what info is to be provided and format Chapter 9: Process for appealing to CEO;to Board; to Minister and to High Court (for review of Minister’s decision) (44-47) Chapter 10 Processes for dealing with offences,award of damages, director’s liability and high court interdict described (48-53) Chapter 11: General Provisions re regulations (54) Chapter 12: State Bound;Limitation of Liability;Financial assistance, International Co-operation;Bill complements other legislation; Delegation.etc 02/12/2018 NCOP

Key Regulations Reg. 001: Part 1:Safety Management System (28(a)) Part 2: Safety Management System Report (28(b)) Part 3(a): Occurrence Reporting ( 37) Part 3(b): Information to be supplied (42) Reg.: 002: Procedure for development and standards (29) Required as a minimum to give effect to the Bill/Act Reg 1 and 2 already described (SMS) Reg 003: address more fully in next slides 02/12/2018 NCOP

Cascade of Documentation Railway Safety Regulator Act (mandatory) Regulation 001: SMS; SMSR; Safety performance assessment (mandatory) RSR Standard Part 1: Railway Safety Standard: General Requirements: Describes the elements of Regulation 001and refers to Parts 2 to 7 Part 2:Track, Civil and Electric Traction Infrastructure Part 3:Rolling Stock Part 4:Train Control Systems and equipment Part 5:Operational Systems Part 6:Railway interface with other infrastructure Part7:Transportation of Dangerous Goods Compliance with Act is Mandatory Regulation 001 is mandatory and comprises 3 sections: SMS, SMSR, Safety Performance Assessment (incident reporting and information to be provided) RSR Standard Based on the Australian Model; Comprises 7 Parts Part 1 sets certain safety principles and provides guidance for Regulation 001; Part 1 is currently being developed in collaboration with SABS Industry Standards, which may be General (as applying to those operators which have declared them in the SMS) or Sectoral (as applying to a specific operator or operation) Cascade from high level [e;g Perway Instructions, operating rules,] to detail [ brake systems, wheel design, nuts, bolts and washers] Industry Standards General Standard or Sectoral Standard Standards for all or part of each element in Parts 2 to 7 above and will range from high level to detail 02/12/2018 NCOP

Way Forward Approval of Draft Bill: planned May 2002 Development of 2 Regulations: completion April 2002 Development of SOP’s i.t.o of MOU with DOL as forerunner to Co-operative Governance Agreements: implementation July 2002 Conclusion of Co-operative Governance Agreement with SAPS: December 2002 02/12/2018 NCOP

Way Forward (cont.) Development of RSR Standards General Standard for Railway Safety: July 2002 Guidance documents in support of regulations: July 2002 Technical Standards: commence September 2002 Development of Industry Standards: as and when required Appointment of RSR board, CEO and staff: June 2002 to March 2003 Implementation of SMS: September 2003 Capacity Building 02/12/2018 NCOP

Conclusion RSR is an opportunity to improve safety Implementation needs to be phased in Establish office Create capacity in personnel Auditing Inspection Occurrence investigation Industry needs lead time to develop SMS Thank you for the opportunity Are there any questions? 02/12/2018 NCOP