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-1507 - Program Policy and Objectives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  SSOA provides oversight and technical assistance to the RTA and evaluates the
				  effectiveness of that agencys safety plan implementation. Through participation
				  in safety meetings, reviewing investigations of accidents/ incidents/events,
				  the SSOA will provide guidance and input to the RTA safety implementation
				  program, which is wholly owned by and implemented by the RTA. In addition to
				  the SSOA program policy stated in this section, the SSOA has specific
				  objectives associated with the programs implementation that will be listed in
				  the procedures manual. Those objectives may change based on specific oversight
				  needs for an RTA, industry standards revisions, or guidance from FTA. The
				  program objectives will be reviewed annually and updated as appropriate in the
				  procedures manual. The SSOA is responsible for investigating any allegations of
				  a RTAs non-compliance with its agency safety plan. To assist in the
				  effectiveness of the SSOA mission, the RTA will grant full access to fixed
				  guideway safety related records, personnel, and facilities at the RTA. If,
				  during the course of inspections, observations, analysis, interviews or other
				  SSOA activities, potential unacceptable hazardous conditions are identified,
				  the SSOA will discuss the concerns directly with RTA safety staff and
				  management and may require development of a corrective action plan. These
				  risk-related concerns will typically find resolution at this level of
				  discussion and interaction. If the situation is an immediate safety risk, the
				  RTA is directed to implement any necessary action to mitigate that risk with
				  proper and timely notification to the SSOA. In addition, the SSOA will work
				  closely with the RTA to monitor issue resolution to assure the corrective
				  action does not create unintended risks. If the SSOA identifies and
				  communicates potential unacceptable hazardous conditions to the RTA staff as
				  indicated above, and either the corrective action or the timeliness of the
				  action is not acceptable to the SSOA, the following escalation protocols will
				  be implemented.
1. Escalation Level I. If
				  after an appropriate period of time, determined in writing by the SSOA, a
				  similar pattern of risk related activity, previously communicated to the RTA,
				  is observed, a formal letter will be sent to the RTA safety management system
				  (SMS) executive/lead. The letter will describe the risk concerns with a formal
				  request to respond to the letter with an explanation of how the RTA plans to
				  address the identified concerns. If the explanation from the RTA is
				  reasonable/acceptable, the concerns and responses are documented and the SSOA
				  will continue risk monitoring. If the RTA determines that the identified risk
				  concern needs additional attention, the SSOA will require the RTA to develop an
				  appropriate corrective action plan.
2. Escalation Level II. The Louisiana Revised
				  Statutes 48:214 provides direction to each RTA regarding the requirement for a
				  formal safety program and requires the SSOA to, "Direct the operator of a fixed
				  guideway rail system to correct a safety hazard by a specified date and time."
				  If the RTA does not comply with direction stemming from Escalation Level I, a
				  formal letter from the commissioner of multi-modal commerce to the RTA
				  Accountable Executive reiterating the risk concerns with a request to respond
				  to the letter including an explanation of how the RTA plans to address the
				  identified concerns. If the explanations from the RTA are reasonable/acceptable
				  and a reasonable timetable established, the concerns and responses are
				  documented and the SSOA will continue risk monitoring. If the RTA determines
				  that the identified risk concern needs additional attention, the SSOA will
				  require the RTA to develop an appropriate corrective action plan.
3. Escalation Level III. If at any time
				  during Escalation Level II, the identified risk concerns cannot be resolved due
				  to a lack of communication or responsiveness from the RTA, the Statute requires
				  that the SSOA, "Take legal action in a court of competent jurisdiction to
				  compel an operator of a fixed guideway rail system to correct a safety hazard,
				  or to prevent the operation of all or part of a fixed guideway rail system that
				  the office has determined to be unsafe."