This Page was last updated on 8 December 2014
Rule, clause or Condition |
Determination |
Date of Hearing |
Points made within Determination (Verbatim
extracts given in Italics, or between “quotes”)
|
|
6.3 Safety |
ADA20 |
Oct 2014 |
“although at first sight the requirement
in the [Track Access contract] for each party to comply with ‘all applicable obligations’ may seem
onerous, this must be interpreted to reflect the way in which safety law is
enforced on the Network.” A Safety Management System (“SMS”) “must
include: ‘procedures to ensure that
accidents, incidents, near misses and other dangerous occurrences are
reported, investigated and analysed and that necessary preventative measures
are taken’.” ….”Schedule 1 to
ROGS [Railways and Other Guided
Transport Systems (Safety) Regulations 2006] deals with SMSs and Article
2 sets out the basic requirements of an SMS.
The section quoted above appears at 2(f)(ii). In my judgment this duty must be conducted
honestly and transparently, sharing information with other industry parties
where appropriate. Even if this were
not the case, the power in [the Track Access Contract] for either Party to
make reasonable requests of the other relating to Safety Obligations is
relevant”. “Clearly the first duty on the Parties is
to discuss any safety concerns with the other, whether these concerns arise
from day-to-day operations on the Network or … from a specific incident. “parties to [Track Access Contracts] who
must inevitably hold a Safety Certificate or Authorisation - should be
familiar with the duties placed on them in their [Track Access Contract],
especially those relating to safety.” ADA20, paras. 5.1.2, 5.1.9, 5.1.10, 5.12.3 |