British Columbia Order in Council — Order under Railway Certificate No (O.C. 73/2001)

O.C. 73/2001

British Columbia — Orders in Council

• Lieutenant Governor Presiding Me ouncil Minister of M rs This

part is for administrative purposes only and is not part of the Order.) Authority under which Act and section:- s made Railway Act,

section 272 • PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 73 , Approved and Ordered JAN 2 5 2001 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the making of the Railway Safety Code,

Part 13, Report- ing Railway Accidents and Operating Statistics, as set out in the attached Certificate No. 6343. Other (specify):- November 24, 2000 7408 /2000/13

Certificate No. 6343 RAILWAY ACT

Chapter 395, R.S.B.C. 1996 I, Jim Doyle, Minister of Municipal Affairs, order that, effective January 1, 2001 (

a) B.C. Reg. 38/91,

Part XIII, Notification and Reporting of Railway Accidents Regulation, is repealed and (

b) the Railway Safety Code,

Part 13, Reporting Railway Accidents and Operating Statistics, a copy of which is on file in the office of the Chief Inspecting Engineer, Railway Safety Engi- neering Service Division, Ministry of Municipal Affairs, is made. 9 Date unicipal Affairs (This

part is for administrative purposes oily and is not p v the Or er.) Authority under which Order is made: Act and section:- Railway Act,

section 271 and 272 Other (specify):- November 24, 2000 /2000/13

COLUMBIA LOWMBIA

PART 13 RAILWAY SAFETY CODE REPORTING RAILWAY ACCIDENTS AND OPERATING STATISTICS

RAILWAY SAFETY CODE

PART 13 Reporting Railway Accidents DIVISION 1 GENERAL APPLICATION

DEFINITIONS In this part: "employee" means any person, paid or unpaid, employed by a railway and includes those persons under contract of employment with the railway; "lost work days" means the number of full or partial work days on which an employee is disabled and absent from work as the result of a work-related injury or illness but does not include: (

a) the day on which the injury or illness occurred; (

b) the day on which the employee returned to work, and (

c) any day on which the employee would normally be absent. "operation of the railway" means: (

a) the operation and maintenance of motive power and rolling stock; (

b) the conveyance of passengers including the loading and unloading of passengers from a platform or other location; (

c) the operation of railway offices, bulk storage facilities and repair and maintenance facilities; (

d) the operation of signal and communications facilities; (

e) the operation of specialized loading and unloading facilities, whether moving or stationary; (

f) the loading and unloading of all dangerous goods; (

g) the construction and maintenance of yards, tracks, bridges, guideways, and other structures and facilities to support the operations described in (

a) through (f); "risk of collision" means a situation where rolling stock comes so close to being involved in a collision that a threat to the safety of any person, property or the environment exists "rolling stock" means equipment that moves on railway tracks and includes maintenance of way machinery and other equipment, with or without couplers, used to accommodate or transport employees, passengers, freight, tools, fuel or to move other equipment on railway tracks; "serious injury" means an injury that is likely to require admission to a hospital, and "uncontrolled movement" means a movement of rolling stock that may or may not have been planned but is not attended or protected by any individual or process. 13.1.1 RESPONSIBILITY TO REPORT Railway Must Report 13.1.1.1 A railway must designate an employee or employees to ensure that reports are made in accordance with this Part.

Format of Report 13.1.1.2 The manner and form of a report must be in accordance with instructions provided by the chief inspecting engineer. 13 -1

RAILWAY SAFETY CODE

PART 13 Reporting Railway Accidents DIVISION 2 ACCIDENT REPORTING 13.2.1 CLASS "A" EVENTS Notification by Telephone 13.2.1.1 A railway must provide telephone notification in accordance with instructions provided by the chief inspecting engineer as soon as an incident described in

section 13.2.1.2 is known to the railway. Type of Events Requiring Notification 13.2.1.2 A railway must report the following events related to the operation the railway when: (

a) a person sustains a serious injury or is killed while on railway property; (

b) the rolling stock is involved in a grade crossing collision; (

c) the rolling stock is involved in a collision or a derailment and is carrying passengers; (

d) the rolling stock of a street car railway is involved in a collision with wheeled street traffic; (

e) the rolling stock is involved in a collision or a derailment and is carrying dangerous goods, or is known to have last carried or contained dangerous goods the residue of which has not been purged from the rolling stock; (

f) the rolling stock sustains damage that effects its safe operation; (

g) a fire, explosion, slide, avalanche, grade failure, flood or other event that causes damage to the railway or that poses a threat to the safety of any person, property or the environment. (

h) a dangerous goods event occurs, in accordance with the relevant tables and sections of the latest edition of the Transportation of Dangerous Goods Regulation of Canada. Written Report 13.2.1.3 In addition to the immediate notification of the events described in

section 13.2.1.2, a report must be prepared, and submitted to the chief inspecting engineer. Report Format 13.2.1.4 The report required by

section 13.2.1.3 must be prepared on Safety Engineering Services (SES) report form ACO 30 or other acceptable electronic means. Report Updating 13.2.1.5 The report described in

section 13.2.1.3 must be updated if the costs, work days lost or any other relevant information changes. 3.2.2 CLASS "B" EVENTS 13 -2

RAILWAY SAFETY CODE

PART 13 Reporting Railway Accidents Employee Injuries 13.2.2.1 A railway must report all employee injuries related to the operation of the railway and not otherwise reportable in accordance with

section 13.2.1.2 which resulted in: (

a) a visit to physician; (

b) lost work days, or (

c) an illness diagnosed by a physician as being work related. Public Injuries 13.2.2.2 A railway must report all injuries to members of the public related to the operation of the railway and not otherwise reportable in accordance with

section 13.2.1.2 which resulted in: (

a) transportation to a hospital by ambulance or other means; (

b) treatment by a physician, or (

c) loss of consciousness. Written Report 13.2.2.3 A railway must submit a report to the chief inspecting engineer within 45 days of the occurrence of the injury or illness, Report Format 13.2.2.4 The report required by

section 13.2.2.2 must be prepared on SES report form ACO 40 or other acceptable electronic means. Report Up-Dating 13.2.2.5 The report described in

section 13.2.2.4 must be up-dated if the associated costs, work days lost or any other relevant information changes. 13.2.3 CLASS "D" EVENTS Railway Incidents 13.2.3.1 A railway must provide telephone notification in accordance with instructions provided by the chief inspecting engineer as soon as an incident is known to a railways where: (

a) a risk of collision occurs; (

b) an unprotected main track switch is left in an abnormal position; (

c) a railway signal displays a less restrictive indication than that required for the intended movement of rolling stock; (

d) an unprotected overlap of operating authorities occurs; (

e) a movement of rolling stock exceeds the limits of authority; (

f) there is an uncontrolled movement of rolling stock; 13 -3

RAILWAY SAFETY CODE

PART 13 Reporting Railway Accidents (

g) any crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform the crew member's duties as a result of physical incapacitation that poses a threat to any person, property or the environment, or (

h) any dangerous goods are released on hoard or from the rolling stock. Written Report 13.2.3.2 In addition to the immediate notification of the events described in

section 13.2.3.1, a report must be prepared and submitted to the chief inspecting engineer outlining the circumstances surrounding the event and the corrective action taken by the railway to prevent a similar occurrence. 13 -4

RAILWAY SAFETY CODE

PART 13 Reporting Railway Accidents DIVISION 3 YEARLY REPORTS 13.3.1 OPERATING STATISTICS Requirements to Report 13.3.1.1 Within 60 days of the end of the calendar year, a railway must provide to the ministry: (

a) a

summary of operating statistics for that calendar year prepared in accordance with instructions provided by the chief inspecting engineer; (

b) any report of an event, personal injury to an employee or a member of the public, or an incident not provided as required by Division 2 and an explanation stating the reason for the delay in reporting these events, and (

c) a statement by an officer of the company stating that all requirements spcLiled by this Part have now been reported. 13 -5

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 73/2001
Type	order_in_council
Volume / chapter	arc oic 0073 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f9f67ebb82a4e32e281370315b44d29681477381

Source file is stored in the law ingest library (pdf).