Railway
accident/ CRV reporting
October
14th, 2006
Brothers and Sisters,
On September 26th, 2006 at the CP ES H&S Policy committee
meeting, there was discussion on the reporting of Cardinal Rules
Violations and train accidents/ incidents.
At this meeting, the company told us that they were not reporting
certain Cardinal Rules Violations (CRV's), depending on the circumstances.
They told us that they did not have to report any track unit that
exceeds its protection, as long as it had travelled into someone
else's limits. In other words, if you travelled outside of your
TOP and the track you went on was protected by someone else, the
company is not reporting this to the TSB as a CRV. Even if you
were not aware of the other protection and/or they were not aware
of you, when you crossed over.
The company also told us that the discipline for such an occurrence
would be in line with a reportable CRV. It would be considered
a CRV internally, but that they were going to keep from reporting
it to the TSB.
The company also showed us a pyramid with the quantity of 'year
to date' reportable and non reportable train accidents. It was
once again explained to us that there is a monetary threshold
of damage necessary, prior to them being obligated to report these
accidents and /or derailments. I did notice that the reportable
accidents are miniscule compared to the ones that they are not
reporting.
On October 9th, 2006 we had a meeting with an investigator for
the Transportation Safety Board (TSB) in the TCRC MWED office
in Ottawa. Myself, VP Delongchamp, TC Legislative rep Phil Benson
and TC National advisor Ken Deptuck were present.
We were told by the TSB officer, that all derailments must be
reported. There are no 'non-reportable' train accidents.
We were told that the FRA only applies in the United States. We
explained to the TSB officer what the company has been telling
us and our membership about the cost threshold for damage and
he informed us that was not true. All railway accidents and incidents
must be reported to the TSB.
We were directed to article 2.1 of the TSB Regulations which states:
"reportable
railway accident" means an accident resulting directly
from the operation of rolling stock, where
(a) a person
sustains a serious injury or is killed as a result of
(i) being
on board or getting on or off the rolling stock, or
(ii) coming
into contact with any part of the rolling stock or its contents,
or
(b) the
rolling stock
(i) is involved
in a grade-crossing collision,
(ii) is
involved in a collision or derailment and is carrying passengers,
(iii) is
involved in a collision or derailment and is carrying dangerous
goods, or is known to have last contained dangerous goods the
residue of which has not been purged from the rolling stock,
(iv) sustains
damage that affects its safe operation, or
(v) causes
or sustains a fire or explosion, or causes damage to the railway,
that poses a threat to the safety of any person, property or
the environment; (accident ferroviaire à signaler)
The
TSB officer told us that because these accidents are judged at
the time of the accident (prior to re-railing), that even if one
wheel is on the ground, b(iv) applies. Because rolling stock cannot
be safely operated with a wheel on the ground, regardless of how
quickly it could be re-railed, it must be reported.
Rolling
stock is defined, in the Canadian Transportation Accident Investigation
and Safety Board Act, as:
“rolling
stock” means every description of car or other railway equipment
that is designed for movement on its wheels along a line of railway
and, without limiting the generality of the foregoing, includes
any locomotive, engine, track motor car, tender, snow-plough,
flanger and railway crane that is so designed;"
As
you can see, this applies to all railway equipment that operates
on the track. Every time anything happens that affects the safe
operation of track equipment, it must be reported.
Regardless
of the severity or the amount of time or money it would take to
render it safe... if it cannot be operated safely at the point
of accident, it must be reported. This could even apply to a BTMF
truck that is derailed getting on or off at a crossing.
We
also discussed with the TSB officer, the Company's selective reporting
of CRV's. He told us that anytime a track unit (rolling stock)
exceeded its limits, it had to be reported. Regrardless of the
circumstances, even those outlined by the company.
He
directed us again to section 2.1, which also states,
"reportable
railway incident" means an incident resulting directly
from the operation of rolling stock, where
(a) a risk
of collision occurs,
(b) an unprotected
main track switch is left in an abnormal position,
(c) a railway
signal displays a less restrictive indication than that required
for the intended movement of rolling stock,
(d) an unprotected
overlap of operating authorities occurs,
(e) a movement
of rolling stock exceeds the limits of its authority,
(f) there
is runaway rolling stock,
(g) any
crew member whose duties are directly related to the safe operation
of the rolling stock is unable to perform the crew member's
duties as a result of a physical incapacitation that poses a
threat to any person, property or the environment, or
(h) any
dangerous goods are released on board or from the rolling stock;
(incident ferroviaire à signaler)
Not
only is there a possibility of (a) in some cases, but (e) applies
in all cases. It does not stipulate any exceptions. It states
clearly that if you exceed your limits on rolling stock, it must
be reported.
The
reason you must be made aware of reporting CRV's and railway accidents
is because if you are operating the equipment, you are responsible
to report it to the TSB.
Section
4.1 of the regs, states:
"Subject
to subsection (5), where a reportable railway accident or incident
takes place, the railway company, the track operator and any
crew member aboard the rolling stock involved in the accident
or incident shall report to the Board as much of the information
listed in subsection (2) as is available, as soon as possible
and by the quickest means available.
(2) The
report referred to in subsection (1) shall contain the following
information:
(a) the
train number and direction;
(b) the
names of the railway company and of the track operator;
(c) the
names of the crew members;
(d) the
date and time of the accident or incident;
(e) the
location of the accident or incident by reference to a mileage
and subdivision location and, where applicable, the track designation
in a yard;
(f) the
number of crew members, passengers and other persons that were
killed or sustained a serious injury;
(g) a description
of the accident or incident and the extent of any resulting
damage to the rolling stock, the railway, a commodity pipeline,
the environment and other property;
(h) a summary
description of any dangerous goods contained in or released
from the rolling stock;
(i) in the
case of a reportable accident, the anticipated time of arrival
of wreck-clearing equipment; and
(j) the
name, location and title of the person making the report."
As you can
see, the responsibility for reporting lies with the railway
company, the track operator and anyone aboard the rolling stock.
That is not just train crews, but would apply to machine operators,
AMO's and/or anyone else on the track unit involved in the accident.
The track operator is the owner of the track. If, for example,
CP had a derailment on CN track, then CN would be the "track
operator".
4.1(5) goes
on to say that,
"...(5)
Where any person required to do so pursuant to subsection (1)
makes a report to the Board, no other person referred to in
that subsection is required to make a report.."
In
other words, if the company does report an accident/ incident
that you were involved in, then you are not obligated to. However,
they have told us that there are lots of accidents/ incidents
that they are not reporting. This would mean that if you didn't
report them to the TSB, you are quite possibly in violation of
the Regulations and the Act.
For
this reason, we are following up with the TSB and our Legal Dept.
to insure that any member who has been involved in a TSB reportable
accident is not going to be held for 'failure to report' in light
of possibly being misled by their employer.
This
is just as important on shortlines as it is on CPRail.
We
have arranged for the TSB to give a presentation at the next CP
ES H&S Policy committee meeting to explain fully the everyone's
obligations, and we are going to be discussing the issue with
all shortline operators where we represent members..
Ken
Deptuck and I tried repeatedly to reach Vern Graham, VP Engineering,
this week to discuss this matter, however that didn't happen.
I
will be in contact with him next week and will be bringing the
issue to his attention. Our position is that once the TSB explains
the regulations and the act to the company, we will jointly develop
a training program for all TCRC MWED members fully explaining
our obligations and responsibilities, under law.
As
you can see, our safety is much too important to leave in the
hands of management.
One
other note. Many of you have been asking if the company is going
to get involved in our "Safety and Security" campaign.
After repeated inquiries with them on their position, Mr. Graham
added the issue to the agenda of the September 26th, 2006 ES H&S
Policy committee meeting.
We
were shown a four part video that they have and were told that
they have more comprehensive training being developed for roll
out in the near future. I was not impressed with the amateurish
video, however the draft training materials showed promise. I
reminded Mr. Graham of appendix B-18 and he once again assured
me that the company wanted our input.
We
were told that CP Police were the people handling this issue and
that Chief Inspector Moody would be in contact with me in the
very near future. To date (over two weeks later) I haven' heard
a word from him.
I
did run into VP Neal Foot last week and discussed the security
issues with him. He told me that he was glad to see that we had
a "Safety and Security" campaign on the go and that
he approved of the stickers, etc. He told me that the company
is devoting a lot of time, money and energy to protect, not only
its infrastructure but its employees and the public. He welcomes
our support and wants our involvement. He believes, as I do, that
safety and security are everyone's responsibility and to achieve
the best results, we must work in co operation.
I
will let him know that we are hitting a brick wall at ES and see
if he can push them into living up to their commitments.
That's
it for now, take care, stay safe and stay strong. This week we
are to recieve the "Globla Offer" from CPRail, so I
will be talking to you soon,
Fraternally,
Bill
Brehl
President,
TCRC MWED
|
|
|
