In summary, the Working Group examined the following options available for the Minister to consider:
- railway companies voluntarily install voice/video recording devices;
- development of a new regulation;
- Section 20 industry voluntarily amends the existing Locomotive Inspection and Safety Rules and development of guidelines; and
- Section 19 Minister orders industry to amend the rules.
However, similar to previous Working Groups' findings (2006 and 2009) unions and industry respectively expressed the same concerns and positions.
Unions are concerned and oppose locomotive voice/video recorders, if used for compliance monitoring and disciplinary action by the railways. In addition, unions question why rail would be required to have video when no other mode is required to have this device.
Railway companies, on the other hand, support the installation of cab recording devices and firmly believe that a safety benefit can be derived from their use, but only if the information is to be used for safety performance monitoring as well as post-accident investigation. Railway companies cannot agree to shoulder the cost to install voice and video recorders if the sole use is for TSB post-accident investigation, as this approach would not result in improved safety. Railway companies also stress that installing voice recording devices without video recording capability would be ineffective to their safety programs.
VIA is proceeding with voluntarily installing and testing of cab voice-recording devices.
Despite the different perspectives on the issues, and given all the considerations, the Working Group members did reach consensus on the following key points, which, ultimately, are all factors contributing to the Working Group's final recommendation:
- TSB access only to voice (or video) recordings, provides minimal if any, safety benefit.
- TSB post accident investigation access provides an after-the-fact investigative tool not a preventive safety instrument.
- The lack of clarity with respect to the applicability and scope of the CTAISB Act is problematic and this issue needs to be resolved as it would affect any option that the Working Group recommended.
- The number of accidents and rate of investigation do not support the need for this LVR and video technology if used solely for post-incident investigation.
- A regulatory approach (development of a new regulation) in all likelihood would not be able to provide protection for third party information.
- Amending the existing rule is fraught with similar issues as developing a regulation and would not be optimal.
In summary, the Working Group examined the following options:
- railway companies voluntarily installing of voice/video recording devices;
- development of a new regulation;
- Section 20 industry voluntarily amends the existing Locomotive Inspection and Safety Rules and development of guidelines; and
- Section 19 Minister orders industry to amend the rules.
In light of the respective and differing aforementioned positions of TC, industry and union representatives, at this time, after weighing all the options cited above, the Working Group offers that the voluntary approach adopted by VIA Rail would best address the concerns of the TSB.
Given all considerations and factors examined, the Working Group considers that the voluntary approach is the best option to recommend to the Minister.