TCRC Division 320 Overview of the Railwav Safetv Act: Subdivision as Locomotive Engineers, Conductors, Trainpersons and Yardpersons.

Transcription

1 TCRC Division 320 Overview of the Railwav Safetv Act: Introduction: presented by Gerry Ranson - Legislative Representative Teamsters Canada Rail Conference Division 320. This submission is on behalf of members of TCRC Division 320 who are employees of Canadian Pacific Railway and work in the Vancouver Service Area - CP Cascade Subdivision and CN Yale Subdivision as Locomotive Engineers, Conductors, Trainpersons and Yardpersons. We make this presentation as an overview to our written submission sent to the Panel. We touched upon many issues in our submission so do not wish to go into detail on those issues today. My counterparts will give the Panel their personal perspective of fatigue management and the procedures and processes of dealing with the Act. The Railway Safety Act needs to provide for a clear and concise approach to safety on the railway. There needs to be direction and parameters dealing with regulations on training, fatigue management and who polices such. The regulations emanating from the Act must be brought up to date and kept up to date with new approaches to safety and consideration of current technologies. For example, I refer the Panel to our submission on train accidents involving landslides and track bed slipouts. After numerous incidents there have been no initiatives from any party to install hazard warning systems nor update systems that have been in place for many years. The Act should stipulate what authorities monitor and have jurisdiction over the Act and its regulations. There needs to be a laypersons dispute resolution process for day to day dealings 1

2 of the Act. We are aware the Act does provide for appeals when directives or orders are issued by the regulators. There needs to be a process for disputing decisions made from complaints by the public or employees about contraventions of the Act. Most enactments of legislation controlling workplaces have dispute resolution processes; some examples would be Workers Compensation, Employment Insurance, and the Canada Labour Code. Yet we could not find any type of dispute process for when a railway safety officer issues a decision whether infractions have occurred or not. We have provided examples of the circumstances we have been dealing with in our written submission, but the training issue needs to be mentioned again. After being told by TC they have no jurisdiction over the training regulations of the Act, we are now being informed TC cannot instruct the employer what content to place in their training packages. Regulations covering training specifies the subject matter railway employees have to be trained and qualified under. There needs to be a regulatory authority to govern this. Transport Canada's investigation procedures need to be clearly defined. All too often we have submitted complaints and concerns to Transport Canada, only to be told they have discussed this with the railway and no violation occurred. Investigating an issue and making a decision based on one side of the story does not give balance to the system of safety in the railways. Transport Canada should be mandated to have a proactive, hands on approach in dealing with the Act and the workplace. For operating personnel of the railway, TC also oversees Part II of the Canada Labour Code, yet rarely are they involved with Local H&S Committees. Transport May 14, 2007 Vancouver BC 2

3 Canada does inspections but does not get involved in any training or programs to promote safety. They need to be directly involved to provide guidance and ensure the ActsICodes are being complied with, similar to provincial worker's compensation boards, refer to appendix A as an example. Workers falling under federal jurisdiction should not be left with lesser rights than what provincial workers have. Instituting directives or rules, similar to the Hours of Service Regulations, and then leaving itto the parties to make it work is not sufficient to deal with the issues it is intended to address. Fatigue is the number one concern of train crews, yet we see no progress to solve the concerns. To our knowledge, very little has been done on this issue. Safety Management Systems; until we started researching for our submissions we were not aware of this provision of the Act. In speaking to our H&S Committee Representatives, most did not know what a SMS was. A member who had been on our Local H&S Committee for some 12 years had heard about SMS, but was not sure what it entailed or does for safety. The employer implements a SMS but does not educate H&S Committee members about it. Transport Canada Auditors come into the workplace to review the safety system, yet they do not take the time to explain to the H&S Committee what they are doing, nor have they informed the Committee of the results of any such audits. The Safety Management System cannot be considered a valid system for dealing with safety if Local Workplace H&S Committees are not aware of the company's SMS and/or have not been 3

4 fully apprised and educated on it. H&S Committees have the responsibility, as provided for in the Canada Labour Code, for safety in the workplace. The Act should also state how this provision is to be correlated with Part II of the Canada Labour Code. IN CLOSING The Act needs to recognize who is responsible for safety; the COMPANIES AND THE REGUALTORS MUST HAVE A MORE PROACTIVE APPROACH WlTH DEALING WlTH SAFETY ON THE RAILWAYS. To promote and provide safety to the public and personnel the ACT NEEDS TO ALLOW FOR OPEN COMMUICATION FOR ALL PARTIES AFFECTED BY THE ACT TO DEAL WlTH THEIR CONCERNS AND COMPLAINTS. THE ACT NEEDS TO HAVE A DISPUTE RESOLUTION PROCESS. If the Act is to be modern and efficient. IT MUST PROMOTE AND REQUIRE RAILWAY COMPANIES TO INSTALL NEW TECHNOLOGIES THAT PROTECT PERSONNEL AND THE PUBLIC. We thank the Panel for this time. Respec;tTully submitted Gerry Ran for TCRC 320 A

5 BC Worker's Comuensation Act Board's mandate under this Part 11 I (I ) In accordance with thc purposes ofthis Part, the Board has thc mandate to be concerned wit11 occupational hcalth and safety generally, and with the maintenance of reasonahle standards for the protection ofthe health and safcty of workers in British Columhia and the occupational environment ill which thcy work. (2) III canying ou~ its mandate, the Hoard has the following functions, duties and poacrs: (a) to cxercisc its authority to make regulations to establish standards and requirements for the protection of the hcalth and safety of workers and the occupational environment in which thcy work; (b) lo undertake inspections, investigations and inquiries on matters of occupational lhcalth and safety and occupational cnvironment; (c) to provide services to assist joint committees, worker health and safety representatives. e~nployers and workers in tiiaintaining reasonable standards for occupational health and safely and occupational environment: (d) Lo ensure that persons concemcd uith the purposes ofthis Part are provided with intbrtnation and advice rclaling to its administration and to occupational health and safety and occupational environment generally; (c) to encourage. develop and conduct or participate in conducting programs for promoting occupational health and safety and for improving thc qualilications of persons concerned with occupational health and safety and occupational environment; (t) to promote public awarenesq of matters related to occupational health and safcty and occupational environment; (g) to prcpare and maintain statistics relating to occupational health and safety and occupational environment, eithcr hy itself or in conjunction with any other agcncy; 5

6 (11) to undertake or support rcsearch and the publication of research on matters relating to its rcqpor~sihilitics under this Act; (i) to establish programs of grants and awards in relation Lo its responsibilities under t hi~ Act: (i) to provide a~sistance to pcrsons concerned with occupational hcalth and safety and occupational environment; (k) to cooperate and cntcr inlo arrangements and agreements with governments and othe~ agencies and persons on matters relating to its responsibilities under this Part; (I) to makc recommendations to the minister respecting amendments to this Act, the regulations under this Part or Part 1 of this Act, or othcr legislation that affects occupational health and safety or occupational environment: (m) to inquire into and report to the minister on any matter referred to it by the minister, within tlic timc specified by the ininistcr; (n) to fultill its mandate under this Part in a financially responsible manner; (0) to do other things in relat~on to occupational health and safety or occupational environment that the minster or Lieutenant Govcrnor in Council may direct. 6