GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Railway Safety Management System Regulations, 2015 — 22
Details of initiatives 22 A railway company must include, in its safety management system, a written description of each initiative to be implemented in order to achieve each target and a written explanation of how the initiative will contribute to achieving that target.
Railway Safety Management System Regulations, 2015 — 23
Communication 23 A railway company must communicate to its employees the targets established and the initiatives to be implemented.
Railway Safety Management System Regulations, 2015 — 24
Internal reporting 24 (1) A railway company must include, in its safety management system, a procedure for enabling its employees to report to the railway company, without fear of reprisal, a contravention of the Act or of any regulations, rules, certificates, orders or emergency directives made under the Act in relation to safety, or a safety hazard. Policy (2) The railway company must include, in its safety management system, a policy, in writing, for protecting its employees from reprisals for reporting a contravention or safety hazard. Collaboration (3) The railway company must develop the procedure and the policy in collaboration with the bargaining agents or, if there is no bargaining agent, with its employees or a representative selected by its employees. Communication (4) The railway company must communicate the procedure and the policy to its employees.
Railway Safety Management System Regulations, 2015 — 25
List 25 (1) A railway company must establish a list setting out (a) the duties that are essential to safe railway operations; (b) the positions in the railway company that have responsibility for the performance of each of those duties; and (c) the skills and qualifications required to perform each of those duties safely. Employees — skills and qualifications (2) The railway company must ensure that an employee who performs any of the duties referred to in paragraph (1)(a) has the skills and qualifications referred to in paragraph (1)(c). Employees — knowledge (3) The railway company must ensure that an employee who performs any of the duties referred to in paragraph (1)(a) has knowledge of (a) the requirements of the instruments referred to in subsection 10 (1) that the employee needs to know to carry out his or her duties safely; (b) any federal legislation that may affect railway safety and that the employee needs to know to carry out his or her duties safely; and (c) any of the railway company’s procedures — including any procedure referred to in this Part — standards, instructions, bulletins or other internal documents that may affect railway safety and that the employee needs to know to carry out his or her duties safely.
Railway Safety Management System Regulations, 2015 — 26
Other persons 26 A railway company must ensure that any person, other than an employee, who is authorized by the railway company to access the railway and whose activities may affect the safety of railway operations has knowledge of (a) the requirements of the instruments referred to in subsection 10 (1) that the person needs to know to carry out his or her activities safely; (b) any federal legislation that may affect railway safety and that the person needs to know to carry out his or her activities safely; and (c) any of the railway company’s procedures — including any procedure referred to in this Part — standards, instructions, bulletins or other internal documents that may affect railway safety and that the person needs to know to carry out his or her activities safely.
Railway Safety Management System Regulations, 2015 — 27
Plan and methods 27 A railway company must include, in its safety management system, (a) a plan for ensuring that an employee who performs any of the duties referred to in paragraph 25 (1)(a) has the skills and qualifications referred to in paragraph 25 (1)(c) and the knowledge referred to in subsection 25 (3); (b) a method for verifying that an employee who performs any of the duties referred to in paragraph 25 (1)(a) has the skills and qualifications referred to in paragraph 25 (1)(c) and the knowledge referred to in subsection 25 (3); (c) a method for supervising an employee who performs any of the duties referred to in paragraph 25 (1)(a); and (d) a method for verifying that a person referred to in section 26 has the knowledge referred to in that section.
Railway Safety Management System Regulations, 2015 — 28
Principles of fatigue science 28 (1) A railway company must apply the principles of fatigue science when scheduling the work of the employees referred to in subsection (2), including the principles (a) that human fatigue is governed by physiology; (b) that human alertness is affected by circadian rhythms; (c) that human performance degrades in relation to hours of wakefulness and accumulated sleep debt; and (d) that humans have baseline minimum physiological sleep needs. Method (2) The railway company must include, in its safety management system, a method for applying the principles of fatigue science when scheduling the work of an employee who is required to work according to a schedule that (a) is not communicated to the employee at least 72 hours in advance; (b) requires the employee to work beyond his or her normal work schedule; or (c) requires the employee to work between midnight and 6:00 a.m. Communication (3) The railway company must communicate, to any employees who are required by the railway company to work according to a schedule referred to in subsection (2), how the principles of fatigue science have been taken into account when requiring them to work according to that schedule. Exception (4) This section does not apply when scheduling the work of employees during an emergency related to the safety of railway operations.
Railway Safety Management System Regulations, 2015 — 29
Monitoring 29 (1) A railway company must, on a continual basis, monitor the implementation of its safety management system to verify (a) whether the bargaining agents, the employees or a representative selected by the employees are being involved in the processes as required by this Part; (b) whether the targets established by the railway company under section 21 are being achieved; and (c) whether the procedures required by this Part are being followed, and whether the policy referred to in subsection 24 (2) and the methods and plans required by this Part are being implemented. Deficiencies in implementation (2) Monitoring must include, if applicable, inquiring into (a) the cause of any deficiencies in the implementation of the railway company’s safety management system and any actions being taken to remedy those deficiencies; and (b) the reasons why the targets are not being achieved. Annual report (3) The railway company must prepare an annual report setting out the conclusions of its monitoring activities. Accountable executive (4) The railway company must ensure that the conclusions of the annual report are brought to the attention of the accountable executive.
Railway Safety Management System Regulations, 2015 — 30
Scope and frequency 30 (1) A railway company must conduct an audit of its safety management system every three years to evaluate (a) the extent to which the requirements related to each process have been implemented; and (b) the extent to which the policy referred to in subsection 24 (2) and the procedures, plans and methods developed by the railway company are effective in improving the level of safety of its railway operations. Audit plan (2) The railway company must include, in its safety management system, an audit plan that (a) defines the scope of each audit; (b) indicates the evaluation criteria to be applied; (c) specifies the method to be used in conducting each evaluation; and (d) sets out the schedule for evaluating each process.
Railway Safety Management System Regulations, 2015 — 31
Audit report 31 (1) A railway company must prepare an audit report that includes the findings of the audit. Accountable executive (2) The accountable executive must sign the audit report to attest to his or her acceptance of the report.
Railway Safety Management System Regulations, 2015 — 32
Action plan 32 (1) A railway company must prepare an action plan setting out the action to be taken to address each finding in the audit report that it identifies as a deficiency in its safety management system. Approval of action plan (2) The accountable executive must sign the action plan to acknowledge that he or she approves it.
Railway Safety Management System Regulations, 2015 — 33
Review, analysis and evaluation 33 (1) A railway company must keep a record of the factors taken into account in, and the results of, (a) the annual review of its safety policy; (b) each analysis conducted under section 13 ; and (c) each evaluation conducted under subsection 18 (2). Date (2) The record referred to in subsection (1) must include the date on which the review, analysis or evaluation was undertaken.
Railway Safety Management System Regulations, 2015 — 34
Consultation, communication or collaboration 34 For each instance in which a railway company, in accordance with this Part, consults, communicates or collaborates with bargaining agents, employees or a representative selected by employees, the railway company must keep a record of the date and subject matter of the consultation, communication or collaboration and the manner in which it was carried out.
Railway Safety Management System Regulations, 2015 — 35
Specified documents 35 A railway company must keep the following records: (a) the documentation relating to each risk assessment conducted under section 15 ; (b) the written description and written explanation referred to in section 22 ; (c) the annual report referred to in subsection 29 (3); (d) the audit plan referred to in subsection 30 (2); (e) the signed audit report referred to in section 31 ; and (f) the approved action plan referred to in section 32 .
Railway Safety Management System Regulations, 2015 — 36
Duration 36 A railway company must keep the records referred to in sections 33 to 35 for six years after the day on which they are created.
Railway Safety Management System Regulations, 2015 — 37
Filing with the Minister 37 A railway company must, at the request of the Minister, file with the Minister (a) an up-to-date copy of the index referred to in subsection 6 (1); (b) the targets and initiatives referred to in subsection 21 (1) for the current calendar year; (c) the written description and written explanation referred to in section 22 ; (d) the latest annual report referred to in subsection 29 (3); and (e) the latest signed audit report referred to in section 31 .
Railway Safety Management System Regulations, 2015 — 38
Notification and filing 38 A railway company that proposes to make a change referred to in paragraph 15 (1)(b) or (c) must, before making the change, notify the Minister of the change and must, at the request of the Minister, file with the Minister the documentation relating to the risk assessment that it conducted with respect to the change.
Railway Safety Management System Regulations, 2015 — 39
Local railway company — main track 39 (1) This Division applies to a local railway company that operates railway equipment on main track. Delayed application (2) In the case of a local railway company that begins operating railway equipment on a railway after the day on which these Regulations come into force, sections 54 to 56 do not apply until the day that is six months after the day on which the local railway company begins operating railway equipment on a railway.
Railway Safety Management System Regulations, 2015 — 40
Processes 40 A local railway company must develop and implement a safety management system that includes (a) a process for accountability; (b) a process with respect to a safety policy; (c) a process for ensuring compliance with regulations, rules and other instruments; (d) a process for identifying safety concerns; (e) a risk assessment process; (f) a process for implementing and evaluating remedial action; (g) a process for establishing targets and developing initiatives; and (h) a process for continual improvement of the safety management system.
Railway Safety Management System Regulations, 2015 — 41
Index 41 (1) A local railway company must keep an up-to-date index of all the processes referred to in section 40 that it has implemented. Content of index (2) The index must indicate the date of the last revision of the local railway company’s safety policy and must indicate, for each process, (a) the management position occupied by a person designated under subsection 43 (4), if applicable; (b) the procedures and methods required by this Division that are associated with the process, and the date of their last revision; and (c) the position in the local railway company that has responsibility for the development and implementation of the procedures and methods.
Railway Safety Management System Regulations, 2015 — 42
Procedures and methods 42 Every procedure and method required by this Division must be in writing and must indicate the date of its last revision.
Railway Safety Management System Regulations, 2015 — 43
Designation of executive 43 (1) A local railway company must designate an executive who is responsible for the operations and activities of the local railway company to be accountable for the extent to which the requirements of the safety management system are met, including its effectiveness in achieving the highest level of safety in its railway operations. Notice to Minister (2) The local railway company must provide the Minister with the name of the accountable executive as soon as possible after he or she has been designated. Declaration to the Minister (3) The local railway company must ensure that, within 30 days after the day on which it designates an accountable executive, the accountable executive provides the Minister with a signed declaration accepting accountability for the extent to which the requirements of the safety management system have been met. Designation of managers (4) The local railway company may, in its safety management system, permit the accountable executive to designate one or more persons to develop and implement one or more of the processes required by this Division. A designated person must occupy a management position within the local railway company that includes responsibilities relevant to the process or processes and the authority to make decisions with respect to that process or those processes. Annual update (5) If the accountable executive designates a person under subsection (4), the accountable executive must ensure that the person reports to him or her, on an annual basis, with respect to (a) any problems following the procedures or implementing the methods, and the manner in which those problems have been or are being resolved or, if applicable, the reasons why they have not been or are not being resolved; and (b) the effectiveness of the procedures and methods in contributing to the improvement of the safety of the local railway company’s operations.
Railway Safety Management System Regulations, 2015 — 44
Safety policy 44 (1) A local railway company must include, in its safety management system, a written safety policy that reflects the local railway company’s commitment to promoting railway safety. The policy must be approved and signed by the accountable executive. Annual review (2) The local railway company must ensure that its safety policy is reviewed annually. Communication (3) The local railway company must communicate its safety policy, and any changes to the policy, to its employees.
Railway Safety Management System Regulations, 2015 — 45
List of instruments 45 (1) A local railway company must include, in its safety management system, a list of the following instruments relating to railway safety: (a) any regulations made under the Act that apply to the local railway company and that are in force; (b) any rules approved or established by the Minister under section 19 of the Act that apply to the local railway company and that are in force; (c) any exemptions granted under section 22 or 22.1 of the Act that apply to the local railway company and that are in effect; (d) any notices sent to the local railway company under section 31 of the Act that contain an order and that are in effect; and (e) any documents in effect by which the Minister has ordered the local railway company to do or to not do something, including a ministerial order issued under section 32 of the Act and an emergency directive sent under section 33 of the Act. Date and subject matter (2) The list of instruments must include (a) in the case of a rule, the date on which it was approved or established; and (b) in the case of an exemption, a notice, or a document referred to in paragraph (1)(e), the date and subject matter. Update (3) The local railway company must keep the list of instruments up to date and must indicate the date of its last revision.
Railway Safety Management System Regulations, 2015 — 46
Procedures 46 A local railway company must include, in its safety management system, a procedure for (a) reviewing and updating the list of instruments referred to in subsection 45 (1); and (b) verifying compliance with (i) the requirements of the regulations, rules, and notices and documents containing an order, that are referred to in the list of instruments, and (ii) the terms of the exemptions referred to in the list of instruments.
Railway Safety Management System Regulations, 2015 — 47
Analyses 47 A local railway company must, on a continual basis, conduct analyses of its railway operations to identify safety concerns, including any trends, any emerging trends or any repetitive situations. The analyses must, at a minimum, be based on (a) any reports of accidents; (b) any internal documentation relating to accidents; (c) any reports of injuries; (d) the results of any inspections conducted by the local railway company or by a railway safety inspector; (e) any reports of contraventions or safety hazards that are received by the local railway company from its employees; (f) any complaints relating to safety that are received by the local railway company; (g) any data that is accessible to the local railway company from safety monitoring technologies; (h) the conclusions of the annual report referred to in subsection 57 (3); and (i) the findings of any audit reports.
Railway Safety Management System Regulations, 2015 — 48
Procedure 48 A local railway company must include, in its safety management system, a procedure for conducting the analyses referred to in section 47 .
Railway Safety Management System Regulations, 2015 — 49
Risk assessment 49 (1) A local railway company must conduct a risk assessment in the following circumstances: (a) when it identifies a safety concern in its railway operations as a result of the analyses conducted under section 47 ; (b) when it proposes to begin transporting dangerous goods, or to begin transporting dangerous goods different from those it already transports; or (c) when a proposed change to its railway operations, including a change set out below, may affect the safety of the public or personnel or the protection of property or the environment: (i) the introduction or elimination of a technology, or a change to a technology, (ii) an increase in the volume of dangerous goods it transports, (iii) a change to the route on which dangerous goods are transported, or (iv) a change affecting personnel, including an increase or decrease in the number of employees or a change in their responsibilities or duties. Components (2) The risk assessment must (a) describe the circumstances that triggered the requirement to conduct the risk assessment; (b) identify and describe the risks associated with those circumstances; (c) identify the factors taken into account in the risk assessment, including the persons who may be affected and whether property or the environment is affected; (d) indicate, for each risk, the likelihood that the risk will occur and the severity of its consequences; (e) identify the risks that require remedial action; and (f) identify the remedial action for each of those risks.
Railway Safety Management System Regulations, 2015 — 50
Communication 50 A local railway company must communicate the risks identified as requiring remedial action, and the remedial action to be implemented, to the employees of the local railway company who are affected by any of the circumstances referred to in subsection 49 (1).
Railway Safety Management System Regulations, 2015 — 51
Procedure and method 51 A local railway company must include, in its safety management system, (a) a procedure for identifying the risks that require remedial action, taking into account, for each risk, the likelihood that the risk will occur and the severity of its consequences; and (b) a method for evaluating the level of risk, taking into account the likelihood that a risk will occur and the severity of its consequences.
Railway Safety Management System Regulations, 2015 — 52
Remedial action — implementation 52 (1) A local railway company must implement remedial action with respect to the risks that it has identified in its risk assessment as requiring remedial action. Remedial action — evaluation (2) The local railway company must evaluate the effectiveness of the remedial action in reducing or eliminating the risks.
Railway Safety Management System Regulations, 2015 — 53
Procedures 53 A local railway company must include, in its safety management system, (a) a procedure for selecting the remedial action to be implemented; and (b) a procedure for implementing the remedial action and evaluating its effectiveness.
Railway Safety Management System Regulations, 2015 — 54
Targets and initiatives 54 (1) A local railway company must, for each calendar year, (a) establish targets designed to improve the safety of its railway operations; and (b) develop initiatives to achieve each target. Basis for establishing targets (2) The targets must be based on the analyses conducted under section 47 and must take into account the results of any previous analyses.
Railway Safety Management System Regulations, 2015 — 55
Details of initiative 55 A local railway company must include, in its safety management system, a written description of each initiative to be implemented in order to achieve each target and a written explanation of how the initiative will contribute to achieving that target.
Railway Safety Management System Regulations, 2015 — 56
Communication 56 A local railway company must communicate to its employees the targets established and the initiatives to be implemented.
Railway Safety Management System Regulations, 2015 — 57
Monitoring 57 (1) A local railway company must, on a continual basis, monitor the implementation of its safety management system to verify (a) whether the targets established by the local railway company under section 54 are being achieved; and (b) whether the procedures required by this Division are being followed, and whether the methods required by this Division are being implemented. Deficiencies in implementation (2) Monitoring must include, if applicable, inquiring into (a) the cause of any deficiencies in the implementation of the local railway company’s safety management system and any actions being taken to remedy those deficiencies; and (b) the reasons why the targets are not being achieved. Annual report (3) The local railway company must prepare an annual report setting out the conclusions of its monitoring activities. Accountable executive (4) The local railway company must ensure that the conclusions of the annual report are brought to the attention of the accountable executive.