La. Admin. Code tit. 70 § IX-1507

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-1507 - Program Policy and Objectives

A. The SSOA provides oversight and technical assistance to the RTA and evaluates the effectiveness of that agencys safety plan implementation. Through participation in safety meetings, reviewing investigations of accidents/ incidents/events, the SSOA will provide guidance and input to the RTA safety implementation program, which is wholly owned by and implemented by the RTA. In addition to the SSOA program policy stated in this section, the SSOA has specific objectives associated with the programs implementation that will be listed in the procedures manual. Those objectives may change based on specific oversight needs for an RTA, industry standards revisions, or guidance from FTA. The program objectives will be reviewed annually and updated as appropriate in the procedures manual. The SSOA is responsible for investigating any allegations of a RTAs non-compliance with its agency safety plan. To assist in the effectiveness of the SSOA mission, the RTA will grant full access to fixed guideway safety related records, personnel, and facilities at the RTA. If, during the course of inspections, observations, analysis, interviews or other SSOA activities, potential unacceptable hazardous conditions are identified, the SSOA will discuss the concerns directly with RTA safety staff and management and may require development of a corrective action plan. These risk-related concerns will typically find resolution at this level of discussion and interaction. If the situation is an immediate safety risk, the RTA is directed to implement any necessary action to mitigate that risk with proper and timely notification to the SSOA. In addition, the SSOA will work closely with the RTA to monitor issue resolution to assure the corrective action does not create unintended risks. If the SSOA identifies and communicates potential unacceptable hazardous conditions to the RTA staff as indicated above, and either the corrective action or the timeliness of the action is not acceptable to the SSOA, the following escalation protocols will be implemented.

1. Escalation Level I. If after an appropriate period of time, determined in writing by the SSOA, a similar pattern of risk related activity, previously communicated to the RTA, is observed, a formal letter will be sent to the RTA safety management system (SMS) executive/lead. The letter will describe the risk concerns with a formal request to respond to the letter with an explanation of how the RTA plans to address the identified concerns. If the explanation from the RTA is reasonable/acceptable, the concerns and responses are documented and the SSOA will continue risk monitoring. If the RTA determines that the identified risk concern needs additional attention, the SSOA will require the RTA to develop an appropriate corrective action plan.

2. Escalation Level II. The Louisiana Revised Statutes 48:214 provides direction to each RTA regarding the requirement for a formal safety program and requires the SSOA to, "Direct the operator of a fixed guideway rail system to correct a safety hazard by a specified date and time." If the RTA does not comply with direction stemming from Escalation Level I, a formal letter from the commissioner of multi-modal commerce to the RTA Accountable Executive reiterating the risk concerns with a request to respond to the letter including an explanation of how the RTA plans to address the identified concerns. If the explanations from the RTA are reasonable/acceptable and a reasonable timetable established, the concerns and responses are documented and the SSOA will continue risk monitoring. If the RTA determines that the identified risk concern needs additional attention, the SSOA will require the RTA to develop an appropriate corrective action plan.

3. Escalation Level III. If at any time during Escalation Level II, the identified risk concerns cannot be resolved due to a lack of communication or responsiveness from the RTA, the Statute requires that the SSOA, "Take legal action in a court of competent jurisdiction to compel an operator of a fixed guideway rail system to correct a safety hazard, or to prevent the operation of all or part of a fixed guideway rail system that the office has determined to be unsafe."

La. Admin. Code tit. 70, § IX-1507

Promulgated by the Department of Transportation and Development, Office of Multimodal Commerce, LR 44923 (5/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:214; 49 C.F.R Part 674 ; 49 U.S.C. § 5329.