1. Railway Safety Regulator Project
02/12/2018
NCOP

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

3. 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

4. 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

5. International Approaches to Railway Safety
02/12/2018
NCOP

6. 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

7. 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

8. 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

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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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