R18-02 - Uncontrolled movement of railway equipment occurrence in Vaughan

R16T0111 - Uncontrolled movement of railway equipment occurrence in Vaughan, Ontario on June 17, 2016

Transportation Safety Board full-text report (R16T0111)

Transportation Safety Board (TSB) Recommendation R18-02

From the TSB final report

The Board recommends that:

"The Department of Transport update the Railway Employee Qualification Standards Regulations to address the existing gaps for railway employees in safety-critical positions related to training, qualification, re-qualification standards, and regulatory oversight." Rl8-02

Transport Canada’s Response R18-02

Transport Canada agrees with rail safety recommendation (R18-02). Railway safety is a key priority for the Department. To that end, the Department has been doing work in the area of training and qualifications because it recognizes that rail employees must have the necessary qualifications to perform the duties of their safety-critical positions, that they demonstrate those qualifications prior to undertaking those duties, and that those qualifications are monitored on an ongoing basis. To address the identified gaps, the Department is undertaking work in multiple areas, including considering amendments to the regulatory framework as well as ensuring effective oversight of training and qualification requirements.

In the interim and to further reduce the risk, the Department is planning to publish a guideline on the use of remote control locomotive systems in the rail industry in December 2018. This guideline will be informed by a comprehensive study of remote control locomotive systems which the department conducted. This study looked at areas such as qualification/training/experience, mitigating measures, mainline operation, train speed, and crew size. The study was completed in spring 2018, and included outcomes from rail industry site visits. The results were presented to members of the Advisory Council on Railway Safety. The study recommended the introduction of training and qualification standards for Remote Control Operators.

With regards to regulatory development work, Transport Canada is planning consultations with industry stakeholders throughout 2018/2019 to ensure the employee training and qualification policy framework is up-to-date, effective, and reflective of the needs of an evolving and dynamic railway industry. This is especially crucial given the wide diversity of railway companies and the complexities involved in designing a training and qualification regime that can be effectively implemented and overseen. The Department intends to publish the regulatory proposal in Canada Gazette, Part I, during the first quarter of 2020, followed by a 30-day final comment period from stakeholders.

In the interim, Transport Canada will continue to oversee railway companies' compliance with existing training and qualification requirements through a combination of inspection activities and Safety Management System Audits. Of note, the Railway Safety Management System Regulations, 2015, includes requirements for companies to have processes for managing knowledge. It also requires that companies ensure that the employees conducting duties essential to safe railway operations have the necessary skills and qualifications. The knowledge management process was one of the components audited in 2017-18 for Canadian Pacific Railway, Canadian National Railway, and VIA Rail Canada. In response to audit findings, each railway submitted a corrective action plan.

Transport Canada shares the Transportation Safety Board's commitment to advancing the safety of Canada's transportation system and is committed to working with partners to further enhance the safety of Canada's railway system through improvements to the existing training and qualifications regime.