Facilitating innovation in Australia’s
heavy haul rail operations
Simon Foster, Executive Director
27 August 2014
The Office of National Rail Safety Regulator Page 2
Australian Railway Operations
44,000 km track
Australia-wide
Rail empl...
Transport Reform
• COAG Rail Reform Agenda (2009) sought:
• One National Rail Safety Regulator
• One National Law – RSNL (...
• ONRSR commenced on 20 January 2013
• We are an independent authority, funded by industry and
government
• Current regula...
ONRSR so far
• Currently 110 staff in 5 locations
– Adelaide, Sydney, Melbourne, Hobart and Darwin
• 145 separate accredit...
Office of the National Rail Safety Regulator
Key functions of ONRSR
• administer, audit and review the
accreditation regim...
Key functions of ONRSR
• provide, or facilitate the provision
of, advice, education and training
in relation to rail safet...
• Rail safety regulation in Australia is administered under a
co-regulatory framework
– Regulation is shared between Gover...
• Rail Safety National Law imposes a shared responsibility for
safety on all parties
– Rail transport operators
– Rail saf...
• Specific safety duties are imposed on those who have control
over rail activities
– Includes the primary duty imposed on...
• ONRSR has a range of tools and powers to deliver its functions
and ensure compliance with the law
– Advice
– Education a...
Co-regulatory approach
ONRSR supports operators to deliver on their obligations and
enforces the Law where this has failed...
• Multi-disciplinary activity
• Complex contractual structures
• Intricate organisation structures
• Sophisticated funding...
• ONRSR recognises there are multiple stakeholders that can
influence safe outcomes
• Structures used by industry to deliv...
• Ensuring the concept design minimises macro risk
• Identification of who holds effective management and control
• Demons...
• Assuring safe outcomes
– Confidence that safety risk is managed in a manner appropriate to the
complexity of the project...
There are multiple ways in which projects can structure delivery
• Definitive guidance by ONRSR as to who should be accred...
• In ONRSR’s experience, there is merit in a delivery model that
has the operator or infrastructure manager RTO as the acc...
• The actual RTO may not be known at concept and design
– Some major projects adopt a “shadow operator” concept
– The proj...
What does RSNL require
on Asset Management?
Rail Safety National Law (RSNL) specifically requires all
accredited Rail Tran...
What we look for in an AM system
Assurance that rail infrastructure and rolling
stock assets are systematically managed in...
References
Guidelines
o Regulatory Approach
o Meaning of duty to reduce risk SFAIRP
o Preparation of a rail SMS
o Effectiv...
Advice on regulatory requirements
Head Office - Adelaide
 (08) 8406 1500
contact@onrsr.com.au
The Office of National Rail...
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Simon Foster - Off Rail Safety Regulator - Facilitating innovation in Australian heavy haul rail operations

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Simon Foster delivered the presentation at the 2014 Heavy Haul Rail Conference.

The 2014 Heavy Haul Rail Conference had a focus on driving efficiency with smarter technology. Australasia’s only heavy haul rail event is the annual meeting place for professionals interested in the latest projects, technologies and innovation in this dynamic sector.

For more information about the event, please visit: http://bit.ly/hhroz14

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Simon Foster - Off Rail Safety Regulator - Facilitating innovation in Australian heavy haul rail operations

  1. 1. Facilitating innovation in Australia’s heavy haul rail operations Simon Foster, Executive Director 27 August 2014
  2. 2. The Office of National Rail Safety Regulator Page 2 Australian Railway Operations 44,000 km track Australia-wide Rail employs 110,000 people 16b passenger kms/yr Rail contributes $10b to the GDP 291b tonne-km/yr of freight carried
  3. 3. Transport Reform • COAG Rail Reform Agenda (2009) sought: • One National Rail Safety Regulator • One National Law – RSNL (South Australia) Act 2012 • ONRSR and Jurisdictions may agree to regulation via a Service Level Agreement • All Jurisdictions to either adopt or mirror Rail Safety National Law (RSNL) The Office of National Rail Safety Regulator Page 3
  4. 4. • ONRSR commenced on 20 January 2013 • We are an independent authority, funded by industry and government • Current regulatory oversight of rail operations in NSW, Victoria, South Australia, Tasmania and Northern Territory • Head Office and Central Branch in Adelaide - branches in Sydney and Melbourne The National Regulator The Office of National Rail Safety Regulator Page 4
  5. 5. ONRSR so far • Currently 110 staff in 5 locations – Adelaide, Sydney, Melbourne, Hobart and Darwin • 145 separate accreditations become 95 accredited operators • Over 100 National Policies, Processes and Procedures – Regulatory approval – Safety improvement policy – Compliance and enforcement policy The Office of National Rail Safety Regulator Page 5
  6. 6. Office of the National Rail Safety Regulator Key functions of ONRSR • administer, audit and review the accreditation regime under the Rail Safety National Law and Regulations • work with rail transport operators, rail safety workers and others involved in railway operations to improve rail safety nationally • conduct research, collect and publish information relating to rail safety Page 6
  7. 7. Key functions of ONRSR • provide, or facilitate the provision of, advice, education and training in relation to rail safety • monitor, investigate and enforce compliance with the RSNL • engage in, promote and coordinate the sharing of information to achieve the objects of the RSNL The Office of National Rail Safety Regulator Page 7
  8. 8. • Rail safety regulation in Australia is administered under a co-regulatory framework – Regulation is shared between Government and regulated parties • Underpinned by Rail Safety National Law – Set and monitored by Governments – Enforced by ONRSR as an independent authority Co-regulation The Office of National Rail Safety Regulator Page 8
  9. 9. • Rail Safety National Law imposes a shared responsibility for safety on all parties – Rail transport operators – Rail safety workers – Other persons involved in the rail industry – ONRSR – The public Co-regulation The Office of National Rail Safety Regulator Page 9
  10. 10. • Specific safety duties are imposed on those who have control over rail activities – Includes the primary duty imposed on rail transport operators to ensure the safety of their railway operations so far as is reasonably practicable (SFAIRP) Co-regulation The Office of National Rail Safety Regulator Page 10
  11. 11. • ONRSR has a range of tools and powers to deliver its functions and ensure compliance with the law – Advice – Education and training – Guidelines, Fact sheets, Safety Alerts, Seminars, – Findings of non-conformance – Statutory Notices – Prosecution, Enforceable Voluntary Undertakings – Revocation or suspension of accreditation / registration Co-regulation The Office of National Rail Safety Regulator Page 11
  12. 12. Co-regulatory approach ONRSR supports operators to deliver on their obligations and enforces the Law where this has failed Safety Improvement initiatives Operations The Office of National Rail Safety Regulator Page 12
  13. 13. • Multi-disciplinary activity • Complex contractual structures • Intricate organisation structures • Sophisticated funding models • Risk mitigation through various contract arrangements Characteristics of ‘innovation’ projects The Office of National Rail Safety Regulator Page 13
  14. 14. • ONRSR recognises there are multiple stakeholders that can influence safe outcomes • Structures used by industry to deliver major projects are generally based on value for money drivers • It is not appropriate or practical for ONRSR to mandate project delivery structures – ONRSR’s role is to react appropriately to project delivery mechanisms to ensure the effective applications of Rail Safety National Law ONRSR’s facilitation of innovation The Office of National Rail Safety Regulator Page 14
  15. 15. • Ensuring the concept design minimises macro risk • Identification of who holds effective management and control • Demonstration of effective management and control – Identification of the accredited party/s – Ensure safety risk is appropriately managed The regulatory challenges for ONRSR The Office of National Rail Safety Regulator Page 15
  16. 16. • Assuring safe outcomes – Confidence that safety risk is managed in a manner appropriate to the complexity of the project – The entity delivering the project has the competence and capacity to manage safety risk (RSNL s65) – Independent Safety Assessment – Good practice engineering safety management The regulatory challenges for ONRSR The Office of National Rail Safety Regulator Page 16
  17. 17. There are multiple ways in which projects can structure delivery • Definitive guidance by ONRSR as to who should be accredited is problematic as each project is unique • However, there is one common theme:- – Projects are ultimately delivered to a Rollingstock Operator or Rail Infrastructure Manager, that is, a Rail Transport Operator (RTO) Project delivery The Office of National Rail Safety Regulator Page 17
  18. 18. • In ONRSR’s experience, there is merit in a delivery model that has the operator or infrastructure manager RTO as the accredited entity – This supports the management of safety risk in a manner consistent with how the assets will be used through their service life Project delivery The Office of National Rail Safety Regulator Page 18
  19. 19. • The actual RTO may not be known at concept and design – Some major projects adopt a “shadow operator” concept – The project develops with focused input on operations and maintenance needs – A “shadow operator” assists the project in assuring itself that the safety risks in operations and maintenance are being addressed Project delivery The Office of National Rail Safety Regulator Page 19
  20. 20. What does RSNL require on Asset Management? Rail Safety National Law (RSNL) specifically requires all accredited Rail Transport Operators, as part of a Safety Management System to have: o An asset management policy and processes that address all phases of the asset lifecycle of the rail infrastructure or rollingstock operations (National Regs, Schedule 1, cl 21) The Office of National Rail Safety Regulator Page 20
  21. 21. What we look for in an AM system Assurance that rail infrastructure and rolling stock assets are systematically managed in a way that promotes risk based safe railway operations and complies with the RSNL Trending against the life expectancy, with a clear decision point for renewal and the provisions for this renewal Sufficient detail in the SMS, including records of risk management, that address the risks across this lifecycle The Office of National Rail Safety Regulator Page 21
  22. 22. References Guidelines o Regulatory Approach o Meaning of duty to reduce risk SFAIRP o Preparation of a rail SMS o Effective control and management of railway operations Policies o Compliance and Enforcement Policy o Safety Improvement Policy www.onrsr.com.au The Office of National Rail Safety Regulator Page 22
  23. 23. Advice on regulatory requirements Head Office - Adelaide  (08) 8406 1500 contact@onrsr.com.au The Office of National Rail Safety Regulator Page 23

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