Karl Petry Campaign

Issues of concern to the Australian Rail Industry

1. "The primary defences against Hirail derailments such as adequate on rail certification processes, assessment of installation and maintenance procedures against manufacturers specifications and daily checking procedures and daily inspection procedures were insufficient for this and we suspect for similar vehicles across the industry" (our emphasis)
2. "Available records from ARTC and Transport SA indicate a disproportionate frequency of Hirail derailments compared to track machines and trains over the entire Australian network (around 24%). Whilst our analysis to date has not been sufficient to determine the causes of these incidents i.e. vehicle deficiencies, track condition, operating standards or compliance, it does suggest that there is an urgent need for these matters to be acted on" (our emphasis)

The RTBU has written to all rail regulators (each State and Territory has one) and track infrastructure maintainers calling on them to undertake an audit of track inspection vehicles in order to ensure the widespread problems identified by the investigation are not present.

RTBU calls for Independent Investigation

The RTBU wrote to the SA Transport Minister on September 7, 2004, asking that, in accordance with the SA Rail Safety Act 1996, an independent investigator and in particular the Australian Transport Safety Bureau be appointed to inquire into the accident involving Mr.Petry and that the terms of the inquiry be widened to include:

• systemic issues,
• the role and responsibilities of the rail safety regulator in SA,
• operating practices, rules and procedures in other rail systems in other states in Australia
• other incidents involving train control, OHS systems and procedures in place for workers working alone in remote locations etc.

The Minister did not respond positively to the RTBU's request. South Australia is the only state in Australia where a full, transparent independent inquiry would not be convened to investigate and report upon a serious injury or death. In our view, based on a succession of occurrences in South Australia in recent years, and the practices of other States, an independent inquiry must be conducted.

The investigation undertaken was by a five-person committee appointed by the four companies directly involved.

In October 2004, the RTBU asked the Premier of South Australia to intervene and ensure a full independent investigation into the Karl Petry incident. Other than recognising the receipt of the RTBU letter, the Premier has not positively responded to the RTBU calls.

A wider rail safety problem in South Australia

In early 2003 the RTBU prepared a detailed submission to the SA Transport Minister calling for a review of the SA Rail Safety Act.

The summary of the RTBU Submission to the Transport Minister said:

"The Rail Tram & Bus Union is determined to achieve a significant improvement in the safety regimes and safety cultures of Australia's rail systems, which have been significantly degraded due to restructuring, privatisation, contracting out, and the new competitive regime created under the National Competition Policy."

A review of the SA Rail Safety Act is timely because:

• Our members have had direct experience since 1996 of deaths, serious injuries and near misses in rail operations and in infrastructure maintenance.
• There have been serious safeworking incidents related to outdated/life -expired technology, such as the signalling system in the Trans Australian Railway; or the use of new technology and systems, such as remote control locomotive operations and relay van working. Fatalities, injuries and near-misses in the SA rail network
• October 2002 - Salisbury level crossing accident - The Ghan struck a car and bus, four killed.
• October 2002 - Pacific National train derailed in Adelaide Hills - near miss of TransAdelaide passenger train, featured no radio communication between PN and TA trains.
• April 2002 - Whyalla - collision between empty ASR iron ore train and four loaded wagons uncoupled on Iron Duke Line.
• 2002 - Pacific National freight train overshot authority at Malbooma, creating near miss with Indian Pacific
• 2002 - Whyalla - locomotive driver operating remote-controlled shunt was struck down by a truck and killed in the One Steel yard.
• 2001 - Whyalla - Transfield maintainer hit and injured by remote-controlled train.
• 1998 - Mt Christie - head-on train crash. With fatalities, no incident report published to date.

The 1997 privatisation of Australian National Railways created a regional freight railway in South Australia, whose owner's objective was to cut costs and provide a return to shareholders. The new owners contracted out infrastructure and rolling stock maintenance.

This co-regulation model has been modified by the implementation of many of the recommendations of the Special Commission of Inquiry into the Glenbrook Train Crash, affirming in part the sharp criticism of the co-regulation model from our Union.

However, this modified co-regulation model, while still deficient from the Union's perspective, is far in advance of current practice under the SA Rail Safety Act.

The RTBU has presented and represented the submission calling for a review of the SA Rail Safety Act on two occasions to the current Minister and her predecessor. No reaction, no reponse, no call for further information, nothing.

In almost every other state major review have been recently undertaken or are currently being undertaken. Following the Glenbrook crash in NSW and the Royal Commission undertaken by Justice McInerney, there were 96 recommendations made to improve rail safety and a new Rail Safety Bill was passed by the NSW parliament in 1993. Numerous changes to rail safety regulation were made, including Safety investigation being made independent and resources available to the rail regulator were more than doubled.

The Queensland Rail Safety Act (Infrastructure Act) was reviewed in 1994 and the Act in WA is currently being reviewed.

In Victoria a far-reaching examination of the rail safety regime is currently underway. A briefing paper released for public comment said in answering the question "Where are we today?"

• Regulator and industry have not fully embraced contemporary risk management and regulatory concepts
• Risk management objectives and responsibilities of principal parties and stakeholders not set out
• Industry understanding of risk is limited
• The safety regulator does not have transparent, inclusive processes and lacks leadership role
• Reactive approach - often driven by crisis
• Significant changes to structure, corporate ownership and complexity of the rail industry not matched by sustained improvements in safety performance
• Recent investigations across Australia highlight systemic inadequacies in safety management systems, the regulatory regime and failure to keep up with inter/national developments.

Time for change in rail safety regulation

The Director of Public Transport Safety has said of rail safety in Victoria:

• "We do not have the confidence that there is demonstrably adequate safety in the rail sector."
• "We need to make some changes".

RTBU member and Track Inspector Karl Petry "was an innocent victim". Our obligation to him, as rail infrastructure workers across Australia, is to ensure that independent rail safety investigations occur in South Australia and that an antiquated, second rate Act and regulatory system is urgently and comprehensively reviewed in the interests of a safer working environment for all rail workers in South Australia and the community. This is the legacy we want to bequeath Karl Petry and his family.

What you can do

• Invite a speaker to your workplace or community group and pass a resolution calling on the SA Government to undertake an independent investigation and review of the act. The RTBU campaign is fully supported by the South Australian United Trades and Labor Council.
• Sign the petition to the speaker of the South Australian Parliament.
• Distribute copies of the RTBU leaflet on Rail Safety in South Australia
• Support the RTBU rally outside Parliament House at a date to be announced.