§ Ms ShortTo ask the Secretary of State for Transport what procedures exist for staff of contractors to Railtrack to be designated as safety critical, as defined by the Hidden recommendations. [23117]
§ Mr. WattsSir Anthony Hidden QC, in his report on the investigation of the Clapham junction collision, made no recommendation defining safety critical staff.
The Railways (Safety Critical Work) Regulations 1994 place duties on employers relating to "safety critical work", which is defined as certain work which could affect the health and safety of persons on a transport system.
§ Ms ShortTo ask the Secretary of State for Transport on what basis compensation is paid to train operators for delays in safety certification of locomotives and rolling stock. [23115]
§ Mr. WattsIt is for the train operating companies to demonstrate to Railtrack that they are in compliance with railway group standards. Compensation is not an issue.
§ Ms ShortTo ask the Secretary of State for Transport (1) what steps Railtrack and the Health and Safety Executive are taking to ensure that infrastructure maintenance staff are not working on a series of contracts concurrently for different infrastructure owners for which the aggregate time worked exceeds the maximum number of permitted hours or days as stipulated by Sir Anthony Hidden QC in his report and inquiry into the Clapham rail disaster; [23121]
33W(2) what procedures exist to ensure that contractors of Railtrack comply with the Hidden recommendations on maximum working hours for safety critical staff; [23120]
§ Mr. WattsSir Anthony Hidden QC, in his report on the investigation of the Clapham junction collision, made no recommendations as to the maximum number of permitted hours or days to be worked by infrastructure maintenance staff.
In the Railways (Safety Critical Work) Regulations 1994, a duty is placed upon employers to ensure so far as is reasonably practicable that no employee undertakes safety critical work for such number of hours as would be liable to cause fatigue which could endanger safety. This duty applies to the employer irrespective of the location of the work undertaken. Railtrack's railway safety case states that particular attention will be given to monitoring the safety performance of contractors including compliance with relevant standards of legislation.
The Health and Safety Executive's railway inspectorate enforces the regulations by checking employer's safety management systems and records, in the course of certain inspections and accident investigations, and by investigating complaints of excessive hours by employees.
§ Ms ShortTo ask the Secretary of State for Transport what targets he has set Railtrack for giving safety approval to train operators; and what sanctions are available in the event of unreasonable delay. [23116]
§ Mr. WattsNo targets have been set for Railtrack.
As regards railway safety gases, a train operator may submit a safety case, or revision, for acceptance to the Secretary of State if Railtrack either refuses to accept it or fails to accept it within a reasonable time.
As regards safety cases for rolling stock, defined procedures exist for new or revised railway group standards. Where proposals have been rejected, appeals can be made to the Rail Regulator, who will consult the Health and Safety Executive in reaching his decision.
Under Railtrack's network licence, the primary safety purpose of the railway group standards code is subject to the need to promote business planning, efficiency, economy and competition, and the need to impose the minimum restrictions which are consistent with safe operation.