Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part IX - Intermodal Transportation › Subpart A - Intermodal › Chapter 15 - State Safety Oversight for Rail Fixed Guideway Public Transportation Systems › Section IX-1515 - Investigations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The SSOA must
				  investigate or require an investigation of any reportable accident and is
				  ultimately responsible for the sufficiency and thoroughness of all
				  investigation reports, whether conducted by the SSOA, the RTA, or a third
				  party. Investigations can be conducted by the SSOA, be delegated to the RTA by
				  the SSOA, or conducted jointly by the SSOA and RTA.
1. RTA Investigations. In most cases, the
				  SSOA requires the RTA to investigate their own accidents and the SSOA will
				  conduct an independent review of the RTAs findings of causation. When
				  conducting an accident investigation on behalf of the SSOA, investigations are
				  performed in accordance with accident investigation procedures developed by the
				  RTA and approved by the SSOA. The RTA will develop accident investigation
				  procedures that meet or exceed all rules, guidance or industry standards
				  associated with investigation procedures, including this SSOPS. Accident
				  investigation procedures will be reviewed annually by the RTA against industry
				  standards and updated as appropriate and necessary. During accident
				  investigations conducted by the RTA, the SSOA will provide any technical
				  assistance or guidance requested by the RTA in support of the accident
				  investigation.
2. SSOA
				  Investigations. If the SSOA determines that it will conduct its own
				  investigation, the SSOA will inform the RTA of its decision to conduct or
				  participate in an investigation, will use investigation personnel other than
				  those employed or utilized by the RTA, and will use the RTAs approved
				  investigation procedures. SSOA investigation personnel will have the proper
				  investigation training and expertise as outlined in the public transportation
				  certification training program. The RTA will be provided with a list of SSOA
				  investigation team members. The SSOA investigation team will arrive at the RTA
				  as soon as practicable. The SSOA investigation team will wait until the RTA
				  and/or other emergency response personnel have secured the scene before
				  commencing its investigation. The SSOA reserves the right to request that the
				  RTA preserve the scene to the maximum extent feasible until arrival and start
				  of the investigation. All SSOA investigation personnel will be granted
				  authority to access records, materials, data, analysis, and other information
				  which is pertinent to the investigation. The RTA is expected to provide the
				  SSOA investigation team with the resources and information necessary to conduct
				  the investigation in an effective and efficient manner.
3. Joint Investigations. The SSOA may request
				  joint participation in an investigation. In such cases, the RTA will cooperate
				  to the extent practicable in preserving the scene until SSOA investigation team
				  members arrive. The SSOA investigation team will observe or participate in
				  field analysis, operational surveys, interviews, record checks, data analysis,
				  and other on-site and off-site tasks that may be necessary for a comprehensive
				  investigation. The SSOA investigation team will observe or participate in
				  assessing physical evidence of the scene and document the environmental and
				  physical factors of the scene through measurements, diagrams, and photographs.
				  As part of the investigation, the SSOA investigation team will observe or
				  participate in assessing compliance with operating rules and procedures;
				  conducting follow up interviews (if required); analyzing employee records and
				  the results of post-accident drug and alcohol tests; and conducting vehicle and
				  equipment inspections. If the SSOA investigation team requires information or
				  analysis which is not readily available, or which may require additional
				  resources by the RTA, it will request this information or analysis in a written
				  request to the RTA.
4. National
				  Transportation Safety Board (NTSB) Investigations. In any instance in which a
				  safety event on the RTAs RFGPTS is the subject of an investigation by the NTSB,
				  the SSOA will participate in the investigation and will evaluate whether the
				  findings or recommendations by the NTSB require CAP development by the RTA, and
				  if so, the SSOA will order the RTA to develop and carry out the CAP.
5. Reporting. All accident investigations
				  will result in a formal investigation report. Accident reports will describe
				  the investigation activities; identify the factors that caused or contributed
				  to the accident; and set forth a CAP, as necessary or appropriate. In most
				  cases, the RTA will conduct investigations of their own accidents and will be
				  required to produce a final accident investigation report within 30 days of the
				  accident, unless delayed by circumstances (e.g. unresolved medical reports) or
				  missing information (e.g. incomplete police reports). The RTA will provide a
				  monthly accident log update detailing the status of all investigations through
				  closure and adoption by the SSOA. Upon submission of a final accident
				  investigation report by the RTA, the SSOA will conduct an independent review of
				  the findings of causation and either provide acceptance and adoption of the
				  report in a timely manner or ask for additional information or analysis. In
				  cases where the SSOA does not believe that adequate investigation into the
				  cause of an accident has been performed, it may conduct its own investigation.
				  In cases where the SSOA decides to conduct its own investigation, the SSOA will
				  produce an accident investigation report within 30 days of the accident, unless
				  delayed by circumstances (e.g. unresolved medical reports) or missing
				  information (e.g. incomplete police reports). The final accident report will be
				  provided to the RTA for review and concurrence. If the RTA does not concur with
				  the SSOAs report, the RTA may submit a written dissent of the report, which the
				  SSOA may include in the final report. In cases where the SSOA and RTA conduct a
				  joint accident investigation, both agencies will collaborate on investigation,
				  analysis, and determination of causal or contributing factors. Both agencies
				  will also collaborate on developing the final accident investigation report.
				  Upon completion, the SSOA will adopt the final report. In special
				  circumstances, the FTA may conduct an independent investigation of an accident
				  or review the findings of causation contained in an accident report. The SSOA
				  and RTA will cooperate, to the extent practicable, with the FTAs investigation
				  and provide support for findings and recommendations.
6. Corrective Actions. If a final
				  investigation report contains findings and/or recommendations for addressing
				  deficiencies or unsafe conditions identified during the investigation process,
				  the RTA will be responsible for developing appropriate CAPs. The SSOA will
				  review and approve or ask for revisions to CAPs as appropriate. If, after
				  reviewing an investigation report not resulting in a CAP and the SSOA
				  determines that a CAP was necessary or appropriate, the SSOA will communicate
				  the need to develop the CAP to the RTA.
7. Records Confidentiality. The Louisiana
				  Public Records Act, also known as Louisiana's Sunshine Law, was enacted by the
				  State Legislature in 1940, and is currently provided for in
				  R.S.
				  44:1 et seq. Under Louisianas Sunshine Law,
				  the SSOA generally cannot legally protect the confidentiality of accident
				  investigation reports from discovery except when the report contains sensitive
				  security information, or when otherwise exempted for in law, jurisprudence,
				  and/or
				  R.S.
				  44:1 et seq. \Anyone can request public
				  records and no purpose is required. There are no restrictions on what can be
				  done with the public documents once a records requester has them in hand. The
				  custodian of the records must respond to requests within three business days.
Examples of Exemptions: Pending criminal litigation;
					 juvenile status offenders; sexual offense victims; security procedures; trade
					 secrets; and some public employee information.