Rail Safety Oversight

The Urban Environment and Development Committee recommends that the proposal to use the Rail Safety Audit Program provided by the American Public Transit Association be approved as the independent audit element for the Toronto Transit Commission public safety oversight process.

The Urban Environment and Development Committee submits the following report (December 4, 1998) from the General Secretary, Toronto Transit Commission:

At its meeting on Wednesday, December 2, 1998, the Commission considered the attached report entitled, "Rail Safety Oversight."

The Commission adopted the Recommendation contained in the above report as listed below:

"It is recommended that the Commission:

(1)Receive for information the attached letters of concurrence associated with the use of the services of the American Public Transit Association as the audit agency, which, through its Rail Safety Audit Program can provide the independent audit element of the external oversight process of the TTC. Independent audit of the TTC was identified in Recommendations No's 1 & 2 of the Coroner's Inquest into the Russell Hill accident, August 11, 1995.

(2)Forward this report to Toronto City Council for approval."

The foregoing is forwarded to the City Urban Environment and Development Committee and Toronto City Council for approval of the aforementioned proposal to use the Rail Safety Audit Program provided by the American Public Transit Association as the independent audit element for the TTC public safety oversight process.

(Toronto Transit Commission Report No. 24

titled "Rail Safety Oversight")

Recommendation:

It is recommended that the Commission:

(1)Receive for information the attached letters of concurrence associated with the use of the services of the American Public Transit Association as the audit agency, which, through its Rail Safety Audit Program, can provide the independent audit element of the external oversight process of the TTC. Independent audit of the TTC was identified in Recommendations No's 1 & 2 of the Coroner's Inquest into the Russell Hill accident, August 11,1995.

(2)Forward this report to Toronto City Council for approval.

Background:

The Coroner's Report into the Russell Hill accident, August 11, 1995 recommended, in part, that a framework for an oversight agency of the TTC be established. This would include the conducting of safety audits by an independent agency. The audit service becomes one of the elements of overall public safety oversight of TTC rail operations.

Legislative groundwork for oversight commenced when it was moved by the Commission that the Province be requested to amend, at the appropriate time, Bill 148 "An Act to Deal with Matters relating to the establishment of the New City of Toronto" which would include;

-TTC hiring an external qualified person(s) to conduct safety audits every two years of the Commission's rail operations.

-Such audits be reported out, in public, at a public Commission meeting.

Discussions were held, over the past two and a half years, with the Ministry of Transportation, TTC Commissioners and the Regional Coroner (reference attached correspondence) to use the the Rail Safety Audit Program provided by the American Public Transit Association as the audit element of public safety oversight.

Discussion:

The conducting of audits under the Rail Safety Audit Program would be at the direction of the Commissioners and held every two years. The audit findings will be presented in a public forum to the Commission and provided to Toronto City Council.

TTC staff will provide a responses to each recommendation and provide updates every six months until full closure.

For reference:

Attachment #1 - letter dated December 3, 1997 from D. Gunn

Attachment #2 - response from Minister of Transportation dated August 14, 1998

Attachment #3 - TTC response dated September 28, 1998

Attachment #4 - letter dated October 14, 1998 from D. Gunn

Attachment #5 - response of Regional Coroner W. Lucas dated October 27, 1998

Justification:

The formal establishment of independent audits of the TTC, reported upon in the public forum, addresses the spirit and intent of Recommendations No's 1 and 2 of the Coroner's Inquest into the Russell Hill accident August 11,1995.

The independent audit process provides a key element in the public safety oversight process and sets the framework for the Province to amend applicable legislation.

It is recommended to use the Rail Safety Audit Program, as provided by the American Public Transit Association, as the independent audit element of public safety oversight of the TTC.

(A copy of Attachment #1, #2, #3, #4 and #5, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on February 8, 1999, and a copy thereof is on file in the office of the City Clerk.)