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Railway legislation news

Last updated on 08 February 2018

News and updates on emerging and evolving railway legislation and standards in the areas of safety, interoperability and health and wellbeing.

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Click on the subject headings below to expand the information.

> Industry consultations

Proposal on ENISA and cyber security certification

Date published: 20 December 2017

Closing date: 13 February 2018

Organisation: Department for Digital, Culture, Media & Sport

The European Commission is working to reform the European Union Agency for Network Security and Information Security (ENISA) and establish a framework to govern European cyber security certificates. To represent the UK in negotiations, the Department for Digital, Culture, Media & Sport (DCMS) is seeking stakeholder views on the proposals.

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Improving passenger railway security

Date published: 8 December 2017

Closing date: 16 February 2018

Organisation: European Commission

The European Commission is seeking views from all individuals and organisations on the extent to which common EU rules for the railway sector could facilitate the improvement of rail security for passengers travelling on rail services within the EU.

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Noise TSI

Date published: 22 December 2017

Closing date: 22 March 2018

Organisation: European Union Agency for Railways

The Agency is seeking views on a recommendation to amend the Noise Technical Specification for Interoperability to make it applicable to the existing freight wagons.

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Extension of scope of ECM certification

Date published: 22 December 2017

Closing date: 20 February 2018

Organisation: European Union Agency for Railways

The Agency received the mandate to draft a recommendation on the revision of Regulation 445/2011 on a system of certification of entities in charge of maintenance for freight wagons. They have produced the following documents for consultation:

  • Impact Assessment
  • Draft Implementing Act
  • Report on safety critical components

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February 2018

Interoperability

> ERA Opinion on potential deficiency of the ENE TSI

The European Union Agency for Railways has published an Opinion (ERA/OPI/2017-3) to the European Commission. The request for technical opinion asks for a possibility to use the method defined in clause 5.2.5 of the draft prEN 50367 in current electrification projects. EN 50367 is a reference standard on technical criteria for the interaction between pantograph and overhead line.

The Agency believes the method defined in clause 5.2.5 of the draft prEN 50367 can be considered as an acceptable means of compliance until the appropriate amendment and future revised ENE TSI.

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> ERA Opinion on possible revision of CCS TSI – rolling stock compatibility with axle counters

The European Union Agency for Railways has published an Opinion (ERA/OPI/2017-4) to the European Commission. The Opinion recommends that a future revision of the technical document ‘Interfaces between CCS track-side and other subsystems’ (ERA/ERTMS/033281) should include corrections to chapters regarding vehicle design characteristics required for axle counters.

ERA/ERTMS/033281 is referenced in the list of mandatory specifications in Annex A in the Control-Command and Signalling Technical Specification for Interoperability (CCS TSI).

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Other news

> Online event - Managing sleep and fatigue on railway projects

The IOSH Railway Group is running a webinar on managing sleep and fatigue on railway projects on Wednesday 14 February 2018 from 12:30 to 13:30. The webinar is free to anyone who have an interest in the rail industry.

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January 2018

Safety Management System

> Common Safety Method for Monitoring – Return of Experience

The European Union Agency for Railways has published a report that analyses the effectiveness and experience of EU railway stakeholders with the understanding and application of Regulation 1078/2012 on the Common Safety Method for monitoring.

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Interoperability

> Technical Specification for Interoperability Implementation Plans

The Department for Transport has published national implementation plans that outline how the UK will comply with the following Technical Specifications for Interoperability (TSIs):

Health and wellbeing

> Fit for Work

Fit for Work is a free government service offering general work-related health advice via a telephone advice line, web chats and a public website. It also provides occupation health assessments for employees at risk of long-term sickness absence, helping employees stay in or return to work.

The occupational health referral and assessment service will end in England and Wales from 31 March 2018 and in Scotland from 31 May. The closure of this service has been attributed to low take-up of the service.

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> PAS 91

The British Standards Institute has published in November 2017 an updated Publicly Available Specification - PAS 91:2013+A1:2017. PAS provides a standard list of questions typically asked of suppliers at the prequalification stage of construction tendering.

The new publication aligns with new legislation such as the Construction (Design and Management) Regulations 2015 and the Public Contracts Regulations 2015, it also addresses requirements of the European Single Procurement Document (ESPD).

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Other news

> NIS Directive

Directive (EU) 2016/1148 on security of network and information systems, known as the NIS Directive, was adopted by the European Parliament on 6 July 2016, Member States have until 9 May 2018 to transpose the Directive into national law. In the UK the implementation of this Directive is being led by the Department for Digital, Culture, Media and Sport (DCMS).

The NIS Directive aims to increase the overall security and resilience of network and information systems across the EU, it applies to Operators of Essential Services (OESs), these are businesses within vital sectors which rely heavily on information networks, such as rail transport.

The National Cyber Security Centre is supporting the Directive implementation in the UK.

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> General Data Protection Regulation

The EU General Data Protection Regulation (GDPR), Regulation (EU) 216/679 was approved by the EU Parliament on 14 April 2016 and will apply in all EU member states from 25 May 2018. It was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy.

The Information Commissioner’s Office is the UK’s independent body to uphold information rights, they have produced a guide to the GDPR.

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December 2017

Health and wellbeing

> Health effects of solar UV radiation in workers meeting

This is a joint meeting of two Committees from the International Commission on Occupational Health (ICOH):

  • Effectiveness in Occupational Health Services (EOHS); and
  • Radiation and Work.

Exposure to solar UV radiation is one of the most important risk factors in outdoor occupations involving 14.5 million workers in Europe. There is an urgent need to develop adequate sun protection policies and education programs for workers.

The meeting will take place on 12 and 13 December 2017 in Helsinki, Finland.

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> Thriving at work – a review of mental health and employers

The Department for Work and Pensions and the Department of Health have published an independent review of mental health and employers by Lord Dennis Stevenson and Paul Farmer – Thriving at work.

The review explains how investing in supporting mental health at work is good for business and productivity.

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> Occupational health and safety – ISO 45001

The International Organization for Standardization (ISO) is developing a new standard, ISO 45001 - Occupational health and safety management systems – Requirements with guidance for use , it will provide a framework to improve employee safety, reduce workplace risks and create better, safer working conditions. The standard is expected to be published in March 2018.

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Regulatory Framework

> 4th Railway package

The Group of Representative Bodies (GRB) has published a Guide to the implementation of the 4th Railway Package’s Technical Pillar written and designed for all railway actors, such as railway undertakings, infrastructure managers, wagon keepers, entities in charge of maintenance, manufacturers, locomotive leasing companies, etc.

The guide illustrates reforms in vehicle authorisation, safety certification, ERTMS trackside approval and the new role of the European Union Agency for Railways (ERA).

The GRB is made of railway associations in Europe with the role of supporting, in a transverse way, the rail sector’s input into the European Union Agency for Railways (ERA) work programme and its effect on safety and interoperability.

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Railway related

> Work with ionising radiation

New Ionising Radiation Regulations 2017 (IRR17) will come into force on 1 January 2018, one of the biggest changes is how employers tell the Health and Safety Executive (HSE) about their work with ionising radiation.

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November 2017

EU regulations

> New EU regulation on access to service facilities

The Official Journal of the European Union has published Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services. This regulation is related to services supplied to railway undertakings, it places requirements on Railway Undertakings, Infrastructure Managers and Regulatory Bodies under the following headings:

  • Exceptions
  • Service facility description and publication of services
  • Cooperation on allocation of capacity
  • Requests for access and use of services
  • Response to requests
  • Coordination
  • Priority
  • Access refusal
  • How to handle complains
  • Unused facilities

The regulation will enter into force on 13 December 2017 and it will be applicable (mandatory in all EU member states) from 1 June 2019.

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Interoperability

> ERA Opinion on possible revision of CCS TSI

The European Union Agency for Railways has published an Opinion to the European Commission recommending a series of amendments to the Control-Command and Signalling Technical Specification for Interoperability (CCS TSI) and its Application Guide.

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> TSIs deficiencies

The European Union Agency for Railways has published a list of deficiencies on Technical Specifications for Interoperability (TSIs) and their proposed amendments, most of the deficiencies identified are due to typographical errors and translation mistakes on the regulations.

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> ERA Recommendation on closure of ENE TSI open point

The European Union Agency for Railways has published a recommendation on the closure of the open point related to interface protocols between on-board Energy Measurement Systems (EMS) and the on-ground energy data collecting system (DCS) and transferred data format to the Energy Technical Specification for Interoperability (ENE TSI). The recommendation also includes proposed editorial changes.

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Safety Performance

> ORR’s Annual Health and Safety Report 2016-17

See the Office of Rail and Road (ORR) report on health and safety performance on Britain’s railways in 2016-17, it covers the mainline railway, Transport for London and Britain’s light railways.

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Safety Management System

> Certification of entities in charge of maintenance

On 31 May 2018 the Office of Rail and Road (ORR) will cease to be an entity in charge of maintenance (ECM) certification body, they will no longer issue ECM certificates or carry out surveillance activities. The cut-off date for ORR accepting applications seeking a certificate or a recertification from ORR is 30 November 2017.

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Health and wellbeing

> Health and safety at work statistics

The Health and Safety Executive (HSE) has published a ‘Health and safety at work - Summary statistics for Great Britain 2017’, it includes facts and figures for:

  • Work-related ill health
  • Workplace injury
  • Costs to Britain
  • Rates of self-reported work-related ill health and non-fatal injury by industry
  • European comparisons
  • Enforcement (prosecutions, notices and fines)

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Other news

> Control Command and Railway Communication Conference 2017

The Control Command and Railway Communication Conference – CCRCC 2017 took place in Valenciennes on 15 and 16 November 2017. The conference covered:

  • ERTMS success and challenges
  • 4th Railway Package
  • ERTMS, time to deploy
  • Wind of change for the railway sector

The European Union Agency for Railways has made available the presentations and video recordings for both days.

Conference files

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Prosecutions

> Southeastern Trains and cleaning company fined £3.6m after worker electrocuted on live rail

Roger Lower, a cleaner for Wetton Cleaning Services, was electrocuted after falling on a 750-volt live rail during his shift at West Marina Deport, near Hastings in East Sussex on 24 May 2014. He was found lying on the live rail, although emergency services were called, they were unable to save his life.

On 17 November 2017, Southeastern and Wetton Cleaning services were fined £3.6m in a prosecution brought by the Office of Rail and Road (ORR). ORR’s investigation revealed health and safety failures by both Wettons and Southeastern in contravention of the Health and Safety at Work Act 1974. ORR inspectors found a culture of cutting corners which exposed workers to serious risks.

Southeastern was prosecuted under Section 3 of the Health and Safety at Work Act, Wettons was prosecuted under Section 2 of the Health and Safety at Work Act, they were fined £2.5m and £1.1m respectively.

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