Regulation on safety-critical missions on railway

The regulation on safety critical tasks on the railway was published: The Railway Training and Exam Center Regulation, the Railway Safety Critical Duties Regulation, the Train Machinist Regulation were published in the Official Gazette dated December 31, 2016. The minimum conditions required by training and examination centers, and the procedures and principles for the authorization and supervision of these centers were determined.

According to the regulations published in the Official Gazette;

RAILWAY SAFETY CRITICAL DUTIES REGULATION

FIRST PART

Purpose, Scope, Basis and Definitions

ARTICLE 1 - (1) The purpose of this Regulation is to determine the procedures and principles related to the professional qualification documents that the personnel performing safety critical tasks in railway activities should have.

Scope

ARTICLE 2 - (1) Provisions of this Regulation;

a) Employees engaged in safety-critical tasks within the operators of national railway infrastructure network, railway infrastructure and railway train operations,

b) Personnel engaged in safety-critical tasks within city rail transport operators, such as suburban, metro and tramway independent of the national railway infrastructure network,

Applied.

(2) The provisions of this Regulation;

a) Personnel working on railway infrastructures carrying freight and passenger transportation for museum exhibitions, amusement parks, shows and similar purposes, independent of national railway infrastructure network,

b) Personnel engaged in railway infrastructures established to meet the internal freight transport needs of a particular enterprise or organization independent of the national railway infrastructure network,

It does not apply.

Rest

ARTICLE 3 - (1) This Regulation; 26 / 9 / 2011 dated and 655 numbered Ministry of Transport, Maritime and Communication Organization and Duties of the Decree Law 8 of the first paragraph of the article (a) and (d) are based on the sub-paragraph.

Definitions

ARTICLE 4 - (1) In the application of this Regulation;

a) Minister: Minister of Transport, Maritime Affairs and Communications,

b) Ministry: Ministry of Transport, Maritime Affairs and Communications,

c) Certification: The activity of the personnel to be determined and documented by an independent institution or organization in writing, in accordance with a specific standard or technical regulation,

ç) Drawbars: All kinds of locomotives, automotives and train sets moving by the power produced by the engine located on it,

d) Railway infrastructure operator: Public legal entities and companies authorized by the Ministry to operate the railway infrastructure in a safe way and to offer the services of railway train operators,

e) Railway vehicles: Any means of rail or light rail systems used in passenger or cargo transportation or in the maintenance and repair of such systems, with or without the ability to act on their own driving forces,

f) Directorate General of Railway Regulatory Affairs: The Ministry's service unit responsible for carrying out the works and operations to be performed by the Ministry within the scope of this Regulation,

g) Rail training and examination center: The institution or organization authorized by the Ministry, which shall provide the vocational qualifications of the personnel performing safety critical duties in the railway transportation activities, where the examinations are carried out and the certification is carried out,

ğ) Railway train operator: Public legal entities and companies authorized by the Ministry to carry cargo and / or passenger transport on the national railway infrastructure network,

h) Safety-critical tasks: The duties undertaken by the personnel working on the elements that can have a direct impact on the safety of all operators in railway transportation activities,

i) Training program: The implementation plan consisting of the qualification units where the content should be systematically instructed in order to obtain a certificate in a qualification area,

i) Safety management system: Systematic determination of measures to ensure safe operation of all operators, reduction of hazards and accidents, reduction of risks, and revision of the rules, instructions and processes accordingly.

j) Personal safety certificate: Persons who will carry out safety-critical tasks in all businesses related to railway works, are obliged to take and receive the documents that are successful in the examination to be performed or to be conducted in accordance with the regulations of the Ministry,

k) Locomotive: The rail system vehicle which moves by the driving power produced by the motor located on it and which moves the vehicles connected to the front or the rear by this movement,

l) copy of the approved personal safety certificate: the certified document issued by the company in which it works, summarizing the information in the personal safety certificate as plain text

m) Otomotris: The rail system vehicle that moves with the driving power produced by the engine located on it, which moves the towed vehicles depending on the front and front when necessary and / or at the same time allows the passenger or the load to be carried on it,

n) Psycho-technical assessment: The assessment of the necessary physical and mental characteristics of the individual by means of tests in order to demonstrate the competence of the individual in a particular job, the method of examination and evaluation designed to understand whether the individual is suitable for a particular job,

o) Psychotechnical assessment center: Psychotechnical assessment center licensed by the Ministry of Health,

ö) Board of health report: Board reports issued by fully-equipped state hospitals and state-owned university hospitals, and board reports issued by other health care providers, provided they are based on emergency situations or on an operation basis,

p) City rail transport operators: A city center or urban area not connected to the national railway network can safely operate and / or transport passenger rail systems such as subway, tramway, suburban and similar railways to meet the transportation needs between the provinces and the surrounding regions. public legal entities and companies,

r) TCDD: Republic of Turkey General Directorate of State Railways Administration,

h) The Republic of Turkey State Railways TCDD Transportation Inc .: General Directorate of Transport Inc.,

s) Train: one or more pulling vehicles with one or several towed vehicles or one or more drawn from the vehicle created by personnel drawn up the array,

t) Train engineer: In a safe, comfortable and economic manner, within the working time and working rules defined by law, occupational health and safety, environmental and quality standards and regulations, in accordance with the work instructions, qualified technical person,

u) Train set: Any passenger train consisting of one or more vehicles, fixed or pre-defined,

ü) All operators: Railway infrastructure, railway train and city rail public transport operators,

v) National railway infrastructure network: the provincial and district centers and other residential areas with ports in Turkey's borders, airports, organized industrial zones, logistics and freight centers, connecting integrated rail infrastructure network belonging to the public or company,

y) Drugs and stimulants: any substance that acts in the central nervous system and changes the functions of the brain, causing temporary or permanent changes in perception, mood, consciousness and behavior,

expresses

SECOND PART

Personal Safety Certificate

General principles

ARTICLE 5 - (1) Personnel performing safety-critical tasks must have a personal safety certificate and have a personal safety certificate on duty.

(2) All operators arrange the personal safety certificate in accordance with the procedures and principles set forth in this Regulation.

(3) All operators establish their personal safety certificate regulation, renewal and suspension processes in their own safety management systems.

(4) All operators establish the necessary processes for the renewal, suspension or cancellation of the personal safety certificate and publish them on their website.

(5) All operators shall determine the form of the personal safety documents specified in the first paragraph of 7.

(6) All operators establish a register system where all the information about their personal safety documents is stored.

(7) All operators, upon request, submit all information and documents related to the personal safety documents they have issued to the Ministry at the latest within five working days.

(8) Personal safety certificate is given to the relevant personnel as one original.

(9) Persons engaged in safety-critical tasks must be certified to comply with the requirements of the Training Directive on the Carriage of Dangerous Goods by Rail.

Minimum requirements

ARTICLE 6 - (1) The conditions to be searched for persons to be issued a personal safety certificate are as follows:

a) To be 18 years of age,

b) To be at least high school or equivalent school graduate,

c) Health board report documenting the health conditions specified in Annex-1,

ç) The report obtained from the laboratory authorized by the Ministry of Health for receiving rapor negative Bakanlığı results from the drug and stimulant test,

d) Psychotechnical assessment report from the psychotechnical assessment center licensed by the Ministry of Health in accordance with the principles and procedures set out in Annex-2,

e) In case of occupational standard and / or national professional qualification, which has been put into effect by the Vocational Qualification Authority, and which has been put into force by the Vocational Qualifications Authority, except for the train engineer:

1) Participating in a training program at the railway training and examination center, which provides knowledge, skills, attitudes and behaviors related to the task, as defined in the professional standard and / or qualification,

2) To be successful in an exam which has the theoretical and practical components in railway training and examination center.

f) In case there is no occupational standard and / or national professional competence approved by the Vocational Qualifications Authority,

1) Participation in training programs designed to meet the qualifications required by the business person.

2) 15 to be successful in an examination which has the theoretical and practical components that will measure the qualifications related to the profession to be done within the principles specified in the article.

3) To be trained about the parts of the safety management system that the operator of his / her office uses.

Information required in the personal safety certificate

ARTICLE 7 - (1) The personal safety certificate contains at least the following information:

a) Date of issue,

b) the document number issued by the operator of the document,

c) the commercial title of the operator of the document,

d) Name, surname, date of birth, TC ID number and photograph of the document holder,

d) The safety critical task gained by the certificate holder as a result of training and examinations,

e) The period of validity of the certificate,

f) The training received by the certificate holder and their dates,

g) Evaluation period for the tasks requiring psychotechnical evaluation and the tests to be applied.

Validity of personal safety certificate

ARTICLE 8 - (1) Participation of the certificate holder in the renewal trainings defined in the safety management system of the certificate issuer in order to maintain the validity of the personal safety certificate. and drug and stimulant testing.

(2) The health board report and the psychotechnical assessment report of the safety critical personnel not covered by this Regulation are subject to the health conditions and psychotechnical evaluation criteria set out in Annex-1 and Annex-2.

(3) The validity of the personal safety certificate is terminated if the employee terminates the employment contract for any reason.

Status of termination of employment

ARTICLE 9 - (1) In the event that the employment contract terminates for any reason, the organization in which the personnel works shall issue the following documents irrespective of the demand of the personnel:

a) A copy of the approved personal safety certificate as defined in Article 10,

b) A copy of all documents documenting all the trainings, experiences and qualifications completed by the staff in question during the course of their employment.

Copy of approved personal safety certificate

ARTICLE 10 - (1) Personnel, whose personal safety certificate is issued on request, may request a copy of the approved personal safety certificate from the enterprise in which it operates at any time. Operators are obliged to issue an approved copy of personal safety certificate within five working days from the date of the request to the relevant personnel.

(2) The ownership of the approved copy of personal safety certificate rests with the person to whom the document is issued.

(3) A certified copy of personal safety certificate may not be used in place of the original.

(4) In the case of the termination of the employment contract by another operator, the new workplace shall take into account the information in the approved personal safety certificate when issuing a new personal safety certificate.

Responsibilities of operators

ARTICLE 11 - (1) All operators are responsible for ensuring that all personnel engaged in safety-critical tasks have a valid personal safety certificate as long as they are employed.

(2) All operators shall establish and follow up the system in which personal safety documents shall be continuously monitored in accordance with the requirements stated in this Regulation.

(3) All operators find that a staff cannot meet the minimum health and professional qualification requirements according to this Regulation and the rules they have established in their safety management system:

a) Suspends the personal safety certificate of the personnel concerned indefinitely. Notifies the staff of the reason for the suspension in writing.

b) cannot operate these personnel for safety-critical tasks until they have been documented that the minimum requirements have been restored.

THIRD PART

Safety Critical Tasks, Training and Exams

Safety critical tasks

ARTICLE 12 - (1) Exemplary safety critical tasks are specified in Appendix-3.

(2) All operators determine safety-critical tasks within the scope of their own safety management system according to the scope of their activities and the risks they are exposed to.

(3) Personnel who carry out any of the safety critical tasks must obtain a personal safety certificate.

(4) Safety critical personnel cannot be operated in more than one safety-critical task at the same time that endangers safety.

General principles on education and examinations

ARTICLE 13 - (1) All operators are responsible for the personnel who perform their safety-critical tasks, training and examinations, gaining the necessary professional qualifications, certification and renewal training.

(2) All operators shall establish a system in which the occupational competencies of personnel working in safety-critical positions within the safety management systems shall be followed.

Railroad training and examination center

ARTICLE 14 - (1) The vocational education and / or national vocational qualifications issued by the Vocational Qualifications Authority shall be given by the railway training and examination center authorized by the Ministry.

(2) The procedures and principles related to the competencies of the railway training and examination center shall be regulated by the Ministry.

No published national occupational standard or qualification

ARTICLE 15 - (1) In the absence of a national standard or qualification issued by the Vocational Qualifications Authority for safety-critical tasks, all operators shall, in the safety management system; is responsible for providing or giving training to the personnel to provide adequate and safe working skills related to the task and to make or take a theoretical and practical examination.

(2) All operators define in detail their regulations on how to do the trainings and examinations specified in the first paragraph in their safety management systems.

(3) The Ministry evaluates such training and examination activities during the conformity assessment and supervision of the safety management system of the operator.

CHAPTER FOUR

Miscellaneous and Final Provisions

Audit

ARTICLE 16 - (1) The Ministry supervises all operators in relation to the matters specified in this Regulation.

(2) All operators and staff are obliged to submit all the required information and documents during the inspection process.

(3) Administrative sanctions in the Railway Safety Regulation published in the Official Gazette 19 / 11 / 2015 and 29537 / XNUMX are applied to all operators who cannot provide the required information and documents.

Other issues

ARTICLE 17 - (1) The procedures and principles regarding the documentation of the train mechanic who train and manage the train within the infrastructure operators and railway train operators are determined by the Ministry.

Transitional provisions

PROVISIONAL ARTICLE 1 - (1) TCDD and TCDD Taşımacılık A.Ş. Personal safety certificate shall be issued by its own organizations until the establishment of safety management systems for the personnel working in safety-critical positions within the other railway operators. However, the institutions form and follow the system where the personal safety documents shall be continuously monitored in accordance with the requirements of Annex 1 and Annex-2. Existing employees are not required to comply with the requirements of sub-paragraph (b) of the first paragraph of Article 6.

Personal Safety Certificate

PROVISIONAL ARTICLE 2 - (1) As of the date of entry into force of this Regulation, urban rail transport operators shall provide one-time personal safety certificate until the establishment of safety management systems to the personnel working in safety-critical positions. However, it establishes and follows the system where the personal safety documents shall be continuously monitored in accordance with the requirements of Annex 1 and Annex-2. Existing employees are not required to comply with the requirements of sub-paragraph (b) of the first paragraph of Article 6.

Experience of staff in safety-critical tasks

Provisional Article 3 - (1) TCDD, TCDD Taşımacılık A.Ş. and other railway operators and city rail transport operators, their experiences gained in safety critical positions, their trainings and the exams they are successful in, are documented by all operators in organizing a personal safety certificate.

Health and psychotechnical controls

PROVISIONAL ARTICLE 4 - (1) TCDD and TCDD Transportation Inc. and other railway operators, in accordance with their current legislation, ensure the health and psychotechnical assessment of personnel working in safety-critical positions, until the authorization of health and psychotechnical assessment centers.

Force

ARTICLE 18 - (1) This Regulation shall enter into force on the date of its publication.

Executive

ARTICLE 19 - (1) The provisions of this Regulation are executed by the Minister of Transport, Maritime Affairs and Communications.

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