1. An accident, an investigation and a case for change A rail safety campaign by the Australian Rail, Tram and Bus Industry Union (RTBU) Roger Jowett IRSC, Denver 2008

2. Background  Industry context: South Australia (SA)  Prior to 1998 ANRC was vertically integrated.  In 1998 ANRC is privatised and sold in “bundles”  Leigh Creek coal line: electricity industry production,distribution,generation  SA Rail Safety Act 1996 “light hand”

3. RTBU Rail Safety Campaign  Australia wide review of rail safety in progress  RTBU argues for review of the SA Rail Safety Act following Deaths, injuries, near misses Incidents and life expired infrastructure Rail companies investigate accidents

4. Australian Rail Network

5. High rail vehicle accident site September 2004 Leigh Creek Line

6. RTBU Safety Demands  Independent rail investigator-ATSB  Systemic issues  Role and responsibilities of the regulator  National review of operating practices  Train control procedures  Working alone in remote locations

7. Hirail vehicle-post accident

8. Accident site

9. Accident Investigation Findings  Large number of contributory factors  2 principal concerns Why did the hirail vehicle derail? The time taken to find the track inspector

10. Investigation Report: safety actions to be taken  Safe working forms  The vehicle  Communications-contact lists  Location devices  Radio network control centres  Overdue track occupancies

11. Code of Practice Developed  Code Management Company (RISSB) develops industry technical standards  Development group Track managers/maintainers, rail regulators, vehicle manufacturers, rail operators, RTBU reps First meeting March 2005 Guideline completed February 2006  Australian Code of Practice Guideline for the safe operation of Road-Rail Vehicles

12. Prosecution of Company  Charged under OHS law  Finding: “culpability of very high order”  Foreseeablity of risk serious injury/death  Several means to reduce or remove risks  Penalty of $US48,000 with 20% reduction for early plea and contrition  Another rail company fined $US24,000 in early 2008 for death of wagon maintainer

13. Wider issues raised  Union studies of OHS fines found Fines actually imposed showed little relation to legislative provisions Value of life studies was variable Fines and sentencing outcomes were inadequate Deterrence ineffective  Pervasive undervaluing of workplace deaths

14. Wider issues raised(cont)  Stronger framework required to improve safety outcomes Corporate crimes involving money attract significant fines and jail sentences – apply similar principles? Relate fines to company turnover? Consider adoption of 2008 UK Corporate Manslaughter Legislation model?

15. Australian Transport Ministers to examine single national regulator and separate investigator  Options for single investigator  Status quo –enhanced status quo and single National Investigator  8 Governance principles

16. Governance Issues  Principles Independence Witness protection and confidentiality Transparency of public reporting Confidential reporting  Current structures 8 jurisdictions 3 have dedicated investigator resources