Tougher safety laws for rail operators

By KEVIN TAYLOR

Nearly three years after a ministerial health and safety inquiry into Tranz Rail, the Government has introduced a bill to improve the safety regime for all rail operators.

The inquiry was convened by Labour Minister Margaret Wilson in 2000 after the death of five Tranz Rail workers in seven months.

The inquiry highlighted problems with the regulation of health and safety at Tranz Rail, including the application of different health and safety standards as applied to other businesses.

Acting Transport Minister Judith Tizard said yesterday that the Railways Bill would implement the recommendations of the inquiry.

She said the bill addressed gaps in the safety framework that had arisen from recent changes in the industry.

The legislation was focused on safety issues, and was unrelated to the issues around Tranz Rail's ownership.

The bill introduced a new regime for licensing, documenting, assessing, auditing and enforcing safety.

The Green Party supported the bill, which would extend rail-safety legislation to cover a wider number of industry players, ensure a clear chain of safety accountability, and consolidate all legislation in one act.

The courts will be able to impose a greater range of penalties, including a year's jail or a fine of up to $100,000 for safety breaches, a fine of up to $50,000 for failing to report an incident, and up to $100,000 for failing to hold a licence.

At present offences carry fines of up to $20,000 or six months' jail.

Background papers said the impetus for the bill came from industry changes - particularly the shift from a single network operator to a number of players - that have left gaps in safety accountability.

The bill would apply to the whole industry, including voluntary operations, but would allow the system to be tailored to suit the type of operation.

The Government wants the bill to come into effect in the next 12 months.

The Railways Bill

* Requires existing rail operators to relicense, as will those who provide access to the track

* Requires "safety case" documents to be approved by Land Transport Safety Authority

* Requires licence-holders to appoint a safety manager who will be responsible for the operation's safety

* Replaces audit system with a more comprehensive and flexible "safety assessments"

* Requires operators whose safety record needs improving to develop annual "safety improvement plans"

* Raises court-imposed penalties for non-compliance, with fines ranging up to $100,000 or a year in jail for a safety breach