Performance-based regulations for safety management systems in the Canadian railway industry: an analytical discussion

Abstract

The Canadian Railway Safety Act regulations require that railways implement safety management systems (SMS). The intent of this requirement was to promote companies’ safety culture, better management of safety risks, and demonstration of compliance with rules and engineering standards in day-to-day operations, while also reflecting on their processes and becoming more innovative. Yet, the railway disaster at Lac Mégantic in 2013 — which claimed 47 lives — demonstrated that SMS have been applied unevenly by railroads. A Canadian Pacific railroad derailment on 3 February 2019 with strikingly similar circumstances — which claimed 3 lives — demonstrates that these safety issues persist. In this article, we discuss and propose the adaptation of enhanced SMS implementation, within clearer performance-based regulation and risk management methods. We draw from other jurisdictions and research to demonstrate how this would encourage continuous improvement and innovation by railway operators and in concert with partners and relevant stakeholders.