NEW BODY TO INVESTIGATE RAIL ACCIDENTS

RMTnews :: january 2006 :: www.rmt.org.uk 12 The new Rail Accident Investigation Branch (RAIB) must by law investigate all accidents which result in any deaths or serious injury to five or more people, or extensive damage to rolling stock, infrastructure or the environment. It can also investigate less serious rail accidents or incidents. Its purpose is to identify the causes of any accident or incident that contributed to the event or made the outcome worse, and to make recommendations to improve rail safety. RAIB is independent of the rail industry, other regulatory bodies such as HM Railway Inspectorate (HMRI) and the police. It is part of the Department for Transport, and reports directly to the Secretary of State. INVESTIGATION The organisation has already begun investigating serious incidents, including a trackworker fatality near Trafford Park, and a more widespread investigation into pedestrian gates at level crossings as a result of the accident at Elsenham, which killed two passengers. When a serious accident happens, other bodies still retain their powers and duties to investigate, so it is possible that the police, HMRI and representatives from the rail industry itself will also still be in attendance. However, RAIB will largely have the legal authority to lead investigations. For instance, RIAB would have led the investigation into the terrible events at Tebay, where four RMT members lost their lives. RAIB inspectors have the power to enter railway property or adjoining land, seize anything relating to the accident and require people to answer relevant questions without apportioning blame or liability. It is a criminal offence to make a false statement or obstruct an inspector in the course of their investigation. RMT MEMBERS If a member is required to be interviewed by an RAIB Inspector, they can have a friend or trade union representative with them. However, some caution may be needed where it is the employer, as part of their duty of care, that offers to arrange for them to be accompanied at the interview and the member wishes their statement to remain confidential. The interview will be transcribed and sent to the witness for signature as an accurate record. If the witness wishes to change anything in the statement before signing it they can, depending on the nature of the change. By law, RAIB is not permitted to disclose or release a person’s statement to the police or the Railway Inspectorate without permission unless compelled to do so by a Court Order. However, it is possible the police or HMRI may also want a statement. If the person so wishes, they can simply give them a copy of the one prepared following their interview by RAIB, although one or both agencies may still want to ask questions as their primary objective is to determine whether an offence was committed. If being interviewed by either the police or HMRI, the person can be accompanied, but members should be aware that the union will only normally authorise legal representation in such cases if the interview is to be conducted under caution, indicating a possible prosecution is being considered. RECOMMENDATIONS At the end of their investigation, RAIB will publish a report on the accident within one year without revealing who provided that information and all statements will remain confidential. All reports will be available on the RAIB website (www.raib.gov.uk). Each report will contain recommendations on actions that RAIB believes are necessary to improve railway safety. However, it will have no power itself to enforce those recommendations but will be addressed to the relevant safety authority such as the HMRI whose job it will be to ensure appropriate action is taken by the railway employer(s) concerned. However, given that the Railway Inspectorate are shortly to merge with the industry’s economic regulator (ORR), it will be interesting to see what happens in the case of any RAIB recommendations that could have significant cost implications. NEW BODY TO INVESTIGATE RAIL ACCIDENTS A new Rail Accident Investigation Branch (RAIB) has been established by the Railways and Transport Safety Act 2003 to investigate serious accidents or incidents on the national rail network, London Underground, other metro systems, tramways and heritage railways within the UK.