1. System Safety Regulation
FRA Outreach
October 25 thru October 26, 2016
Newark, NJ
System Safety Implementation Team

2. Safety Briefing

3. Welcome
Why are we here?
Understand of the System Safety Regulation 49CFR Part 270
Assist railroads with the implementation process
How we can apply System Safety into our job function
Assess the implementation progress

4. Goal
To provide railroads with the knowledge base to understand the required elements necessary to implement the FRA System Safety Final Rule 49 CFR Part 270
System Safety/Rick Reduction strategies are designed to be proactive by identifying hazards before accidents or incidents occur, ensure programs and procedures are in place and focus on organizational management, implementation and promotion of safety culture

5. Topics that we will be Discussing
What is the FRA System Safety Program (SSP)
A new approach
Proactive
Systematic
Actively promoting continuous safety improvement
Directly affecting safety culture
20 Elements of the SSP
LOTS OF DISCUSSION AND INTERACTION

6. Introductions Who are you? How many if you were at the RSAC meetings?
What passenger railroad are you associated with?
What is your Function?
What are your responsibilities?

7. Key Dates Rule Effective Date October 10, 2016
Initial Consultation Meeting with Directly Affected Employees
No later than April 10, 2017
Notice of Preliminary Meeting at least 60 days before meeting
Plan Submission
No later than February 8, 2018

8. Concerns and Issues
Lets hear from you!

9. Consultation
A railroad must consult in good faith and use best efforts to reach agreement with all directly affected employees on the contents of the SSP plan and amendments to the plan.

10. Consultation with Employees/Labor
Consultation Requirements Each railroad required to establish an SSP shall in good faith consult with, and use its best efforts to reach agreement with, all of its directly affected employees, including any non-profit labor organization representing a class or craft of directly affected employees, on the contents of the SSP plan.

11. Consultation with Employees/Labor
Appendix B to Part 270 – FRA Guidance on the System Safety Program Plan Consultation Process
Meaning of “good faith” and “best efforts”
Guidance on how a railroad may consult with directly affected employees

12. Information Protections
: Certain information a railroad compiles or collects for the SSP is protected from discovery, admission into evidence, or use for any other purpose in a Federal or State Court proceeding for damages involving personal injury, wrongful death, or property damage. Generally:
Information is compiled or collected solely for SSP
Not required by another law or regulation
Non-SSP use of the information is unprotected
If information was not protected prior to SSP rule, it remains unprotected

13. Information Protections - FOIA
49 U.S.C (RSIA) specifies that certain risk reduction records (including SSP records) obtained by FRA are exempt from the public disclosure requirements of the Freedom of Information Act (FOIA).
Two exceptions to this exemption:
Disclosure is necessary to enforce or carry out any Federal law, or
Disclosure is permitted when a record is comprised of facts otherwise available to the public and FRA has determined that disclosure would be consistent with the confidentiality needed for SSPs.
Unless one of the two exceptions provided by section would apply, FRA would withhold disclosing any such records in response to a FOIA request. See 5 U.S.C. 552(b)(3) and 49 CFR 7.23(c)(3).

14. Concerns and Issues
Lets hear from you!

15. So Lets talk about System Safety
How will it affect what we do?
What does it mean for FRA?
Section elements of the SSP
What they mean?
How should they be applied to the the work environment

16. Summary of Final SSP Rule
This rule mandates that commuter and intercity passenger railroads develop and implement a system safety program (SSP) to improve the safety of their operations.
Rule Takes effect October 11, 2016

17. So, What is an SSP? An SSP is a structured program:
With proactive processes and procedures
Developed and implemented by commuter and intercity passenger railroads
To identify and mitigate or eliminate hazards and the resulting risks on each railroad’s system.

18. Management of System Safety
How you manage the System Safety process (SMS) will be a key component to the successful implementation and maturity of your system safety program

19. Flexibility and Implementation
A railroad has the flexibility to tailor a SSP to its specific operations.
An SSP will be implemented after receiving approval by FRA
FRA will audit a railroad’s compliance with its SSP.

20. SSP Provisions An SSP is implemented by a written SSP plan.
The SSP regulation sets forth various elements that a railroad’s SSP plan is required to include to properly implement a SSP.
The main components of a SSP are:
risk-based hazard management program
risk-based hazard analysis

21. Promotes Safety Culture
SSP encourages a railroad and its employees to work together to proactively identify hazards and to jointly determine what, if any, action to take to mitigate or eliminate the resulting risks.

22. SSP Provisions
As part of its SSP plan, a railroad will also be required to describe the various procedures, processes, and programs it has in place that support the goals of the SSP.

23. SSP Provisions
These procedures, processes, and programs include, but are not limited to, the following:
Maintenance, inspection, and repair program;
Rules compliance and procedures review(s);
SSP employee/contractor training; and a public safety outreach program.

24. SSP Time Line to Plan Submittal

25. FRA Plan Review
Within 90 days of receipt of the SSP plan, FRA will review the plan and determine if it meets all the requirements in the regulation.

26. FRA Technical Assistance
FRA will work with the railroad and other necessary stakeholders throughout the development of its SSP to help the railroad properly tailor the program to its specific operation.

27. What are we doing now to prepare?
Guidance Documents
Conduct internal training
Conduct external outreach
Hire Staff
Process for reviews and audits

28. So What is FRA doing to Roll Out this Regulation
Implementation Guide
Sample SSP plans
Process for electronic plan submittal
Consistent process for FRA reviewing plans
Internal Audit process review
External Audits (Focused and Full)

29. Training Training Face to Face Training Web Type of training
Live session
On demand session
Type of training
Principles of System Safety for Executives
Principles of System Safety and Management of Safety for FRA HQ
Develop FRA System Safety Comprehensive Training
System Safety Internal Assessment and External Reviews
FRA System Safety Internal Assessment and External Reviews
Hazard Management

30. FRA System Safety Team Communication System Safety Team Dan Knote
Bob Adduci
Larry Day
Mike Ramsey

31. Questions?