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District Council of Cleve W O R K S M A N A G E R Subject: Interface Agreement Meeting Date: 11 July 2017 Report Number: 17.2 1 PURPOSE OF REPORT 1.1 Council to adopt Road – Rail Safety Interface Agreement. DISCUSSION District Council of Cleve and Genesee Wyoming Australia Pty Ltd have entered into a draft agreement for a Road-Rail Safety interface Agreement. (Attachment 1) This agreement has had input from all Eyre Peninsula councils who have rail infrastructure intersecting their road network. The agreements have been tailored to each individual council’s circumstances. The agreement is now ready to be reviewed by council and adopted. Once adopted the final version will be prepared ready for signing. MANAGEMENT PLAN DRIVERS 2 STRATEGIC PLAN REFERENCE 3.1 Nil 3 FINANCIAL / BUDGET Nil 4 RISK / ASSET MANAGEMENT 5.1 Nil 5 RECOMMENDATION 5.1 Council adopt the draft of the Road-Rail Safety Interface agreement ready for signing by the CEO and GWA. Ivan Noble

Transcript of District Council of Cleve W O R K S M A N A G E R. Works... · W O R K S M A N A G E R . ......

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District Council of Cleve W O R K S M A N A G E R Subject: Interface Agreement

Meeting Date: 11 July 2017

Report Number: 17.2

1 PURPOSE OF REPORT

1.1 Council to adopt Road – Rail Safety Interface Agreement.

DISCUSSION

District Council of Cleve and Genesee Wyoming Australia Pty Ltd have entered into a draft agreement for a Road-Rail Safety interface Agreement. (Attachment 1)

This agreement has had input from all Eyre Peninsula councils who have rail infrastructure intersecting their road network. The agreements have been tailored to each individual council’s circumstances.

The agreement is now ready to be reviewed by council and adopted.

Once adopted the final version will be prepared ready for signing.

MANAGEMENT PLAN DRIVERS

2 STRATEGIC PLAN REFERENCE

3.1 Nil

3 FINANCIAL / BUDGET

Nil

4 RISK / ASSET MANAGEMENT

5.1 Nil

5 RECOMMENDATION

5.1 Council adopt the draft of the Road-Rail Safety Interface agreement ready for signing by the CEO and GWA.

Ivan Noble

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Road/Rail Safety Interface Agreement (RSI)

DOCUMENT UNCONTROLLED WHEN PRINTED

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017

Other Document No.: Review Date: 30/06/2020

Version No.: Draft 001_v4 Date Printed: 4/07/2017 9:01:40 AM

Document Owner: GWA Rail Safety Document Controller: General Manager Rail Safety

Page 1 of 34

Road/Rail Safety Interface Agreement

between Genesee & Wyoming Australia Pty Ltd

and District Council of Cleve

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

Other Document No.: Date Printed: 4/07/2017 9:01:40 AM Page 2 of 34

Contents Document Control................................................................................................................................... 3

Background ............................................................................................................................................. 3

Amendments ........................................................................................................................................... 4

Signatory Page ........................................................................................................................................ 5

1. Definitions ....................................................................................................................................... 6

2. The Parties ...................................................................................................................................... 8

3. Purpose ........................................................................................................................................... 9

4. Scope of this Agreement ............................................................................................................... 10

5. Terms of this Agreement .............................................................................................................. 11

6. Identification, assessment and management of risk .................................................................... 12

7. Monitoring and review of risk ....................................................................................................... 13

8. Safeworking Arrangements .......................................................................................................... 14

9. Road/Rail Interface Projects and/or Works ..................................... Error! Bookmark not defined.

10. Standards and compliance ........................................................................................................ 16

11. Personnel Management ............................................................................................................ 17

12. Communications and meetings ................................................................................................ 18

13. Dispute resolution ..................................................................................................................... 19

14 SIA Review ................................................................................................................................. 20

15. Distribution of Agreement ........................................................................................................ 21

Schedule 1 – Related Documentation .................................................................................................. 22

Schedule 2 – Interface Boundaries & Responsibilities .......................................................................... 24

Identified LEVEL CROSSING/S (public or private) .......................................................................... 24

Schedule 3 – Statement of General Maintenance Responsibilities ...................................................... 25

Schedule 4 – Identification, assessment & management of risk/s or change ...................................... 27

Schedule 4 (b) - Typical level crossing configuration ............................................................................ 30

Schedule 5 – Communications – contact list ........................................................................................ 31

Rail Infrastructure Manager .......................................................................................................... 31

Responsible Road Manager ........................................................................................................... 32

Schedule 6 – Definitions/Notes/Addendums ....................................................................................... 33

Appendix A ............................................................................................................................................ 34

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

Other Document No.: Date Printed: 4/07/2017 9:01:40 AM Page 3 of 34

Document Control Document Owner: Genesee & Wyoming Australia Pty Ltd

Level 3/33 Richmond Road KESWICK SA 5035

PO Box 309 MARLESTON SA 5033

Copies to: District Council of Cleve

13 Main Street CLEVE SA 5640

PO Box 36 CLEVE SA 5640

Background Under the Rail Safety National Law (South Australia) Act 2012, a Rail Transport Operator must have a safety management system for railway operations in respect of which the operator is required to be accredited that identifies any risks to safety in relation to railway operation in respect of which the operator is required to be accredited; and provides for the comprehensive and systematic assessment of any identified risks, and to monitor accordingly. Under Division 6 – Safety Management, Subdivision 2 – Interface agreements, obliges rail transport operators and road authorities to identify and assess, so far as reasonably practicable, risks to safety that arise from any railway operations because of, or partly because of, the existence or use of any road infrastructure. The parties enter into this agreement in order to comply with their obligations under the Rail Safety National Law (South Australia) Act 2012 in relation to rail or road crossings covered by this Agreement.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

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Amendments

Version Date of Version Reason for Amendment

Draft 001 26-08-2014 • Entering into a Safety Interface Agreement between Genesee & Wyoming Australia and the District Council of Cleve.

Draft 001_v2 03-12-2014 • Added Schedule 4 (b) - Typical level crossing configuration to show boundary delineation.

Draft 001_v3 23-05-2017 • Reviewed risks • Added to generic risks in Schedule 4 and contacts update • Added Appendix A

Draft 001_v4 20-06-2017 • Added reference to AS1742 in Schedule 1 • Added DCCL contact details and edits.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

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Signatory Page This agreement is made Between Rail Infrastructure Manager Genesee & Wyoming Australia Pty Ltd (ABN 17 079 444 296) and Responsible Road Manager District Council of Cleve (ABN 88 880 567 990) Signed for Genesee & Wyoming Australia

Signature Witness Signature

Name Witness Name

Position Witness Position

Date signed Witness Date signed Signed for District Council of Cleve

Signature Witness Signature

Peter Arnold Name Witness Name

Chief Executive Officer Position Witness Position

Date signed Witness Date signed

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

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1. Definitions

Agreement Means this document and includes its schedules.

ALCAM Is the Australian Level Crossing Assessment model used to assess and identify potential risks at Level Crossings.

Bridge Road bridge over railway lines.

Crown Road Means a public road that is declared to be a Crown Road for the purpose of the Road Traffic Act 1961.

District Council of Cleve Council representation for the District Council of Cleve.

Footpath Is an area open to the public that is designed for, or one of its main uses is, use by pedestrians.

Genesee & Wyoming Australia Pty Ltd

The rail infrastructure manager for this Road Safety Interface Agreement.

Interface Is where the Rail Infrastructure Manager’s rail network and Road Manager’s maintained road network intersect at a Rail or Road crossing.

Interface Agreement An agreement in writing about managing risks to safety in relation to a rail or road crossing identified and assessed in accordance with Part 4, Division 4.

Interface Boundary The point where responsibility changes from one party to another. For this Interface Agreement, the boundaries for each interface are to be described (and agreed by both Parties) in Schedule 3 of this Agreement.

Level Crossing An area where a road and a railway meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area.

Pedestrian Crossing Is a footpath or other structure designed for the use of pedestrians to cross over a railway.

Private Road A road within private property that is not a state controlled road or a road under the control of a local government/shire.

Public Road Any road other than a Private Road.

Rail Infrastructure Means the facilities that are necessary to enable a railway to operate safely and includes, but is not limited to:

• Railway tracks and associated track structures • Service roads, signalling systems, communications systems,

rollingstock control systems and data management systems • Notice and signs • Electrical power supply & electrical traction systems • Associated buildings, workshops, depots and yards • Rollingstock • Any facility, or facility or class, that is prescribed by the regulations

not to be rail infrastructure.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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Rail Infrastructure Manager

In relation to rail infrastructure of a railway, means the person who has effective control and management of the rail infrastructure, whether or not the person owns the rail infrastructure or has a contractual right to use the rail infrastructure, or to control or provide, access to it.

Rail or Road Crossing Includes a railway crossing, a bridge carrying a road over a railway and a bridge carrying a railway over a road.

Railway Crossing A level crossing or any area where a footpath or shared path crosses a railway at substantially the same level.

Railway Danger Zone All space within 3 metres horizontally from the nearest rail and any distance above or below this 3 metres (or as otherwise agreed by the parties) unless a safe place exists or can be created.

RCom The Rail Commissioner

Responsible Road Manager

The body responsible for maintaining the road: • For a private road – means the owner, or other person responsible

for the care, control and management of the road; • For a Public Road – means an authority, person/body responsible

for the care, control or management of the road.

Road Infrastructure Has the same meaning as in the Road Traffic Act 1961 that is: • A road, including its surface or pavement;

• Anything under or supporting a road or its surface or pavement and maintained by a road authority;

• Any bridge, tunnel, causeway, road-ferry, ford or any other work structure forming part of a road system or supporting road;

• Any bridge or other work or structure located above, in or on a road and maintained by a road authority;

• Any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on , over, under or connected with anything;

• Anything declared by the regulations to be included in this definition.

Safety Management System

A comprehensive business management system designed to manage safety elements in the workplace.

So Far As Is Reasonably Practicable (SFAIRP)

Whatever is reasonably practicable to reduce the health and safety risks to employees and other measures should be undertaken unless the costs, in terms of money, time and resources is grossly disproportionate to the safety benefit.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

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2. The Parties 2.1. Genesee & Wyoming Australia (GWA) is a subsidiary of international railway operator

Genesee & Wyoming Incorporated (GWI), and is an accredited Rolling stock Operator and Rail Infrastructure Manager in South Australia and the Northern Territory.

2.2 District Council of Cleve (DCCL) The District Council of Cleve is a local government organisation which owns and maintains the local road network within its boundaries. It has 8 elected members and 23 employees consisting of permanent and part time staff with 7 office staff and 16 works employees who are committed to promoting the well-being of the community and maintaining the quality of the districts infrastructure. The district covers 480,000 hectares which includes approximately 1488 kms of unsealed, and 94 kms of sealed roads which services approximately 1900 people. Cleve is the main service and business centre with smaller towns at Arno Bay, Darke Peak and Rudall Cleve council is a typical rural council with road construction and road maintenance its main work operations, recycling is a big part of councils work along with parks and gardens throughout Cleve and Arno Bay.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

GWA Document No.: RS-RSI-006 Issue Date: 30/06/2017 Version No.: D001_v4

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3. Purpose

3.1. The Road Rail Safety Interface Agreement (‘the Agreement’) between Genesee & Wyoming Australia (GWA) and the District Council of Cleve (DCCL ) (‘the Parties’) clearly establishes responsibilities and obligations for managing road safety risks at the identified operational interfaces between the Parties in accordance with the provisions of Rail Safety National Law (South Australia) Act 2012:

• Sections 107 and 108 - Interface coordination – rail infrastructure and public roads; • Section 109 - Identification and assessment of risks; • Section 110 – Regulator may give direction; • Section 111 – Register of interface agreements.

3.2. Any reference made to the Australian Standard AS4292.1, Section 7 – Interface Management

is used as guidance material only.

3.3. This Agreement will: • Assess and manage the risks associated with the interface identified. • Define and describe each applicable interface and document the responsibilities of

the Parties. • Detail processes for the safe operation of rail movements, and safe maintenance of

rail infrastructure at the interfaces. • Establish procedures for monitoring compliance with the Agreement.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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4. Scope of this Agreement

4.1. The scope of works to be identified in this document will include:

• railway level crossings (public or private) • pedestrian crossings across, under or over the rail corridor • bridges (road over rail and/or over road) • tunnels (rail under road tunnel and/or road under rail tunnel) • railway track on which Rollingstock moves alongside road vehicles on a road • other infrastructure identified as a road control device for level crossing risk

management

4.2. This Agreement applies to the assets described in Schedule 2. Responsibility for the asset componentry lies with the componentry owner as detailed in Schedule 2 of this document.

4.3. The parties may amend Schedule 2 at any time by written agreement between the parties.

4.4. The parties will apply a risk management process consistent with AS/NZ ISO 31000 Risk Management – Principles & Guidelines, to identify, assess and manage, so far as is reasonably practical, risks to safety in relation to the scope described in Schedule 4, the subjects of the Agreement.

4.5. This Agreement does not supersede any previous agreement between the parties in relation to railway safety risk management, unless the parties record in Schedule 6, the details of any previous arrangement that is superseded by this Agreement.

4.6. Each party will maintain a register of Interface Agreements and record this Agreement in that party’s register of Interface Agreements.

4.7. This Agreement does not affect or derogate from the parties’ rights and obligations under the SA Civil Liability Act 1936 or their functions and powers under any other Act.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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5. Terms of this Agreement

5.1. This agreement commences on the date of this Agreement and continues for a period of three (3) years, unless terminated by a party to this Agreement.

5.2. A party may terminate this Agreement by giving the other party no less than three months written notice of such termination.

5.3. If this Agreement is terminated in accordance with clause 5.1 hereof, the parties agree to negotiate in good faith to enter into a replacement Interface Agreement prior to the expiry date of this Agreement.

5.4. An amendment to the Interface Agreement is required to be entered into it when: • a rail or road crossing is permanently closed • a pedestrian crossing is permanently closed • an asset described in Schedule 2 is decommissioned • a change in risk control measures • a new interface or crossing is about to be opened?

5.5. This Agreement will terminate should Federal or State Legislation require such termination.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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6. Identification, assessment and management of risk 6.1. Using an agreed risk management process, the parties agree to identify and assess risks to

safety, so far as is reasonably practical, that may arise in relation to the assets described in Schedule 2, the subject of this Agreement:

• during the life cycle of rail or road infrastructure • arising from change in the use or application of rail or road crossing infrastructure • from maintenance and operational activities

6.2. Details of any proposed change by either Party that may impact on the safety or access

arrangements at the interfaces shall be provided to the other Party for assessment of the impacts of those changes.

6.3. The impacts must be assessed and, where new control measures or alterations to existing control measures are required, the Parties must agree and Schedule 4 amended accordingly.

6.4. The parties will record in Schedule 4: • the identified risks to safety • risk assessments • measures to manage safety risks • the party responsible for implementation and maintenance of the safety risk

management measures • the timetable for implementation of safety risk management measures

6.5. The parties may amend Schedule 4 at any time by written agreement.

6.6. Subject to clause 6.4 hereof, the party responsible for implementation and maintenance of

the safety risk management measures, will be responsible for the cost of implementing and maintaining them.

6.7. The parties may undertake identification and assessment of safety risks individually or jointly, or may adopt a risk assessment carried out by the other party.

6.8. Risk Assessment will be reviewed whenever the Agreement is required for review, unless there is a change in circumstances.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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7. Monitoring and review of risk

7.1. Each party will continuously monitor and review the safety risks and measures to manage

the safety risks for which it is responsible, including progress against the timetable for implementation of safety risk management measures in accordance with this agreement.

7.2. The parties will consult with each other in relation to the outcome of their monitoring and review.

7.3. If, following a parties monitoring and review under this clause, a safety risk is conducted to be unacceptable, the parties will work collaboratively and cooperatively to agreed measures to manage the safety risks so far as reasonably practical and will record any changes in Schedule 4.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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8. Safeworking Arrangements

8.1. Incident/Emergency Management

8.1.1. Each Party will manage incidents that occur wholly within their respective territory in

accordance with that Party’s emergency/incident management process.

8.1.2. Incidents affecting the track or related infrastructure across the interface are to be managed in accordance with GWA’s incident management processes.

8.1.3. If an incident site is under the control of Emergency Services, the Incident Manager of each Party will act as the liaison with the Emergency Services, for their respective organisation.

8.1.4. Statutory reporting remains the responsibility of each Party. 8.1.5. Refer to Schedule 5 for Emergency/Incident contacts for each Party.

8.2. Safeworking Principles

8.2.1. Works at the interface shall be conducted in accordance with the workplace safety

principles, instructions, practices and procedures (workplace safety instructions) of each party.

8.2.2. Employees of either Party, who work on or around the defined interfaces, will be

deemed as competent and medically fit, in accordance with their respective organisations safety management systems.

8.2.3. In accordance with Section 9 and Schedule 4 (b), it shall be agreed that the Parties shall inform each other of any upcoming works. This forward notification will assist either party predetermine if any necessary workplace safety instructions and/or arrangements are required.

8.2.4. As with reference to Section 9 and Schedule 4 (b) and 8.2.3 above, it shall be agreed that when either party is to conduct work at the interface, both parties will implement the necessary workplace safety instructions and/or arrangements.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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9. Road/Rail Interface Projects and/or Works

ALSO REFER TO APPENDIX A – ADDITIONAL APPROVED ARRANGEMENTS

9.1. Major Projects

9.1.1. Parties need to be made aware of any major works planned or are in progress for

the purpose of determining appropriate safeworking arrangements.

9.1.2. Acknowledgement (formal advice) is to be provided to both parties, in writing (email or letter) prior to any work/s being commenced. Only valid for 6 months.

9.1.3. During all major non-rail infrastructure works at the interface, subordinate agreements to this Agreement may be required from time to time.

9.2. Scheduled Works

9.2.1 Before either Party commences scheduled maintenance, repairs or inspection work

at the interface in which access to the other Party’s network is required, notification through email, letter or phone to that Party must be undertaken.

By informing them of the intended activities, it may be determined that;

9.2.1.1 There is no, or limited adverse impact on the interface 9.2.1.2 Suitable safeworking arrangements are further required, and 9.2.1.3 Need to work collaboratively for determining any applicable solutions

9.2.2 The amount of notice required may vary, depending on the nature of the work. It is

not intended that this document be specific nor prescriptive, but rather rely on the established organisational relationships between Council and GWA, acknowledging the skilled expertise and the judgement of persons within the Parties.

9.3. Emergency Works 9.3.1. Each Party shall make all reasonable efforts to allow the other Party to attend to

emergency works. Such works must not commence until all Parties are informed of the works and appropriate safeworking arrangements have been agreed.

9.4. Third Party Works

9.4.1. In addition to any or all of the above, each Party shall make all reasonable efforts to ensure that as soon as it becomes known that a ‘Third Party’ such as water/electricity/gas utilities are expected to commence work at the interface, the third party is to be advised of and must comply with the arrangements contained in this interface agreement. Such works must not commence until all Parties are informed of the works and safeworking arrangements have been agreed.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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10. Standards and compliance

10.1. The parties agree the standards applicable to safety, road over rail bridges, risk assessment,

risk management and inspections, are stated in Schedule 4.

10.2. This Agreement becomes part of each Party’s Safety Management Systems and will be subject to audit as per each Party’s system auditing programme.

10.3. If during a system audit non-compliance(s) to this Agreement by a Party is identified, the auditing Party will notify the other Party’s Interface Representative of the finding. The identified Party’s Interface Representative will be informed of the correct action(s) taken by the non-compliant Party.

10.4. A party may, at its cost, undertake an independent audit of another party’s records of compliance with this Agreement, upon giving reasonable written notice to the other party. The parties agree to cooperate with each other in the conduct of such audits.

10.5. A party undertaking an audit shall treat any information received from the other party, as confidential and not disclose such information to third parties.

10.6. Notwithstanding the above, the Parties may decide to review compliance with this Agreement annually or at some other agreed frequency.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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11. Personnel Management

11.1. Competency

11.1.1. All Parties shall use employees that are suitably trained and competent to perform their obligations under this Agreement.

11.1.2. All Parties shall keep records of the competency, licensing and training requirements of their employees.

11.2. Health & Fitness

11.2.1. GWA shall provide rail safety workers ‘fit for work’ and ‘medically assessed’ to the ‘National Standard for Health Assessments of Rail Safety Workers’.

11.2.2. It is the responsibility of each interfacing party to ensure that their employees, and sub-contractors, where necessary, have been appropriately categorised and undergone the appropriate medical assessments.

11.3. Drug & Alcohol

11.3.1. All Parties are required to be in compliance with their own organisation’s Drug & Alcohol Control Procedures and the policy and procedures of the other if operation in their area of responsibility.

11.3.2. Any Party working within GWA premises/area of responsibility, are subject to post

incident, on suspicion and random alcohol and other drug testing.

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Road Rail Safety Interface Agreement

Genesee & Wyoming Australia Pty Ltd District Council of Cleve

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12. Communications and meetings

12.1. The parties will notify each other promptly of any occurrence or incident in connection with

safety of the assets listed in Schedule 2 the subject of this Agreement.

12.2. Schedule 5 contains details of the parties’ representatives for the purpose of this Agreement, together with emergency contact details in the event of any occurrence or incident. The parties will promptly notify the other parties of any change to Schedule 5.

12.3. The parties will review the provisions of this Agreement and the adequacy of safety risk identification, assessment and management concerning the railway assets listed in Schedule 2 the subject of this Agreement, every three years or at such other time as the Parties may agree.

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13. Dispute resolution

13.1. All Parties agree that any dispute arising out of the interpretation of this Agreement, or as to

whether either Party has failed to satisfy any of its obligations under this Agreement, will be dealt with as follows:

• The Party claiming that there is a dispute will notify the other Party’s representative of the nature of the dispute.

• The representatives will try to resolve the dispute, including by referring the matter to persons who may have authority to intervene and direct some form of resolution.

• If there is no resolution, the dispute will be referred to the Managing Director or equivalent of each organisation for resolution.

• If an impasse remains, the Parties will inform the Regulator.

13.2. Notwithstanding any dispute between the Parties, the Parties will continue to undertake their responsibilities under this Agreement.

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14 SIA Review 14.1 This SIA and any associated procedures will be reviewed by GWA and DCCL at least once

every three (3) years, or whenever new initiatives or changed circumstances dictate. 14.2 GWA and DCCL will conduct a joint review of this SIA and any associated risk

assessment, once every three (3) years, or whenever new initiatives, risks or changed circumstances (including altered risk profiles) dictate.

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15. Distribution of Agreement

15.1 The parties agree this Agreement will be distributed to the representatives of the parties as

stated in Schedule 5, either by mail, by hand or electronic means.

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Schedule 1 – Related Documentation Item 1 – District Council of Cleve (the Road Manager) Document Number Title Austroads Guide to Road Design AS 1742.2 Manual of uniform traffic control devices - Traffic control devices for general

use AS 1742.7 Manual of uniform traffic control devices - Railway crossings WHS Procedure 2.1 Incident Reporting and Investigation Procedure WHS Procedure 2.3 Hazardous Work Procedure DPTI Commodity Route Guidelines Performance Based Standards Scheme – Network Classification Guidelines Document Number Title Policy 30 Drug and Alcohol Policy 5.1 Environment Policy WHS Contractor Management Policy -E 11 Risk Management (AS.NZS 150 Standard 3100:2009 Item 2 – Genesee & Wyoming Australia (the Rail Infrastructure Manager) Policies, Operational Practices, Australian Standards, Engineering and Technical Standards, and Contract documents maintained and used in relation to interfaces. Engineering and Technical Standards and Operating Instructions including:

• Code of Practice for the Defined Interstate Rail Network • AS1742 Manual of uniform traffic control devices Part 7: Railway crossings

Document Number Title RS-PLN-001 Rail Safety Management Plan RS-PRC-006 GWA Response Plan for ‘On-Rail’ Emergencies RS-ORC-007 Procedure for the Management of ‘On-Rail’ Incidents RS-PRC-008 Procedure for Incident Reporting RS-POL-004 GWA Alcohol and Other Drug Policy RS-PRC-015 GWA Procedure for Alcohol and Other Drug Testing OP-COP-002 GWA Addendum to the Code of Practice (ARN) GWA Stop Work Authorisation card

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Item 3 Statement of general maintenance responsibilities for assets, services and infrastructure at Interfaces, refer to Schedule 3. Title Rail Safety National Law (South Australia) Act 2012 Rail Safety National Law National Regulations 2012 Code of Practice for the Australian Rail Network (ARN) Australian Standard AS/NZS/ISO 31000 Risk Management – Principles and Guidelines Australian Standard Health Assessment for Rail Safety Workers Australian Standard AS4292.1, Section 7 – Interface Management Australian Standard AS1742 Manual of uniform traffic control devices Part 7: Railway crossings Item 4 The Rail Infrastructure Manager and Road Manager have joint management responsibility for the rail or road crossings listed in Schedule 2. Title

In respect to the general maintenance responsibilities for assets, services and infrastructure at interfaces as set out in Schedule 3; variation to the general maintenance responsibilities at specific interfaces identified through the risk management undertaken by the Parties shall be clearly identified in Schedule 4. Maintenance service contractors engaged by the Parties will be informed of these arrangements before undertaking maintenance tasks.

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Schedule 2 – Interface Boundaries & Responsibilities Identified LEVEL CROSSING/S (public or private)

Type of Xing

Crossing Number

Crossing Name Rail Km Suburb/Town Rail Owner

Road Infrastructure Owner Comments

Active RLX1282 Masters Road 139.913 Wharminda GWA District Council of Cleve Active RLX1284 Soaks Road 142.830 Wharminda GWA District Council of Cleve Active RLX1286 Pipe Road 153.570 Verran GWA District Council of Cleve Active RLX1287 Pahls Hill Road 154.215 Verran GWA District Council of Cleve Active RLX1291 Bakers Road 160.624 Verran GWA District Council of Cleve Active RLX1292 Bulumba - Kinnard Road 163.738 Rudall GWA District Council of Cleve Active RLX1293 Private access to farm 164.378 Rudall GWA District Council of Cleve Active RLX1295 Birdseye Highway 172.315 Rudall GWA District Council of Cleve Active RLX1298 Syvertsens Road 178.987 Rudall GWA District Council of Cleve Active RLX1299 Kilroo - Kielpa Rd 184.921 Kielpa GWA District Council of Cleve Active RLX1302 Konanda Road 192.510 Kielpa GWA District Council of Cleve Active RLX1303 Little Dog Fence Road 193.888 Kielpa GWA District Council of Cleve Active RLX1304 Dog Fence Road 194.932 Darke Peake GWA District Council of Cleve Active RLX1305 Government Dam Road 198.411 Darke Peake GWA District Council of Cleve Active RLX1306 Reservoir Rd 199.033 Darke Peake GWA District Council of Cleve Active RLX1310 Schubert Road 209.117 Darke Peak GWA District Council of Cleve Active RLX1311 South Terrace - Caralue 210.392 Darke Peak GWA District Council of Cleve

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Schedule 3 – Statement of General Maintenance Responsibilities

ELEMENT MAINTAINED BY STANDARDS Road Pavement

Outside exclusion zone (1.0m from the outside rail) Road Manager Maintenance as per the Commissioner’s Master Specifications, especially:

a) Division 1 General Part 170 – Railway Provisions

b) Division 8 Maintenance Part 812 – Exceptions from Routine Maintenance

Within exclusion zone Rail Infrastructure Manager Standard agreed between Parties. Traffic Control Devices

Advance Warning signage Road Manager AS 1742, Manual of Uniform Traffic Control Devices plus Austroads Guide for Traffic Control Devices.

Active advance warning signage Road Authority DPTI Operational Instruction 20.1 “Care, Control & Management of Roads (Highways) by the Commissioner of Highways (section 26 of the Highways Act).

Primary warning device Rail Infrastructure Manager AS 1742.7, Manual of Uniform Traffic Control Devices – Railway Crossings within the delegation approved by the Minister for Transport pursuant to the Rail Operation and Safety Act.

Shard Masts Structure Rail Infrastructure Manager Rail Devices Rail Transport Operator Road Devices Road Authority

Track Infrastructure Rail Infrastructure Manager Rail Signalling Rail Infrastructure Manager Line of Sight

Road Corridor Road Manager AS 1742.7, Manual of Uniform Traffic Control Devices – Railway Crossings.

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ELEMENT MAINTAINED BY STANDARDS Austroads guide to Geometric Design of Rural Roads.

Rail Corridor Rail Infrastructure Manager GWA Track Manager to determine Private land including Crown Land Land Owner (requires use of Local Government

powers) Native Vegetation Act TSA Vegetation Policy

Visibility of primary warning device Road Manager To provide safe stopping distance (Austroads guide to the Geometric Design of Rural Roads and 1742.2).

Crash Barriers for primary warning devices Rail Infrastructure Manager GWA Track Manager to determine Wing Fencing Rail Infrastructure Manager GWA Track Manager to determine Storm Water Drainage

Kerb and Gutter Local Government Kerb and Gutter (if service road) Road Manager Gullies Road Manager

Pedestrian Crossing Including maze, footpath to boundary, warning signs, dedicated lights and active controls

Rail Infrastructure Manager As determined by the rail owner subject to the Disability Discrimination Act.

Street Lighting Road Manager AS 1158, Road Lighting plus the Austroads Code to Traffic and Engineering Practice.

Other Services Water/Sewer Service Owners Gas Service Owners Telecommunications Service Owners Electricity Service Owners Petroleum Service Owners

Bridges Rail over Road Rail Infrastructure Manager Commissioners Bridge Inspection Manual 2004

GWA Track Manager to determine Road over Rail Road Manager

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Schedule 4 – Identification, assessment & management of risk/s or change Generic Risks applicable to all Interfaces

Unwanted event/hazard Causes Consequence Responsible Party

Collision between train and Council maintenance vehicle.

Council Vehicles within rail corridor without authorisation.

Fatality Both Damage to vehicle/train/infrastructure Service disruption

Collision between train and work materials Poor housekeeping Derailment Both Maintenance work adjacent to rail corridor being carried out without correct authorisation

Damage to vehicles/train/infrastructure Service disruption

Electrocution (where applicable) Over-height council vehicle or work equipment comes into contact with overhead wires

Fatality Both Damage to vehicle/infrastructure Service disruption Injury to member of the public

Poor maintenance of public amenities e.g. pedestrian crossings

Lack of clarity in relation to maintenance boundaries/responsibilities resulting in gaps in maintained infrastructure

Injury to member of the public Both Amenity not useable by member of the public with mobility restrictions

Council worker in rail corridor ‘Danger Zone’ without correct authorisation

Failure to follow agreed access process Fatality Both Service disruption

Damage to rail track Damage to running line as a result of council maintenance work adjacent to rail corridor

Derailment Both Fatality Service disruption Damage to vehicles/infrastructure

Damage to road surface Damage to road/structure as a result of rail maintenance work in the rail corridor

Unsafe road Both Injuries Road access disruption Damage to road vehicles/infrastructure

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Unwanted event/hazard Causes Consequence Responsible Party

Collision between a train and road vehicle Failure of the road motorist to observe the Level crossing due to; • Inadequate advanced warning signage • Inadequate S1 sight distance to the primary

warning signage • Primary warning signage is missing or

illegible

Fatality Road and rail Service Disruption Damage to vehicles/infrastructure

Both

Failure of the road motorist to observe the train movement due to; • Inadequate S2 sight distance (Give Way

control) • Inadequate S3 sight distance (Stop control)

Fatality Road and rail Service Disruption Damage to vehicles/infrastructure

Both

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Site Specific Risks applicable to Interface Unwanted event/hazard Causes Consequence Responsible

Party

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Schedule 4 (b) - Typical level crossing configuration

Safeworking boundary/Protection boundary e.g. 3 metres from the nearest running rail

Ownership boundary – defined in a land title

Maintenance Boundary e.g. 1 metre from nearest rail

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Schedule 5 – Communications – contact list Rail Infrastructure Manager Party Address Postal Address Contact Details for meetings

and reports Contact details for emergencies, occurrences and incidents

Genesee & Wyoming Australia Pty Ltd

Level 3, 33 Richmond Road KESWICK SA 5035

PO Box 309 MARLESTON SA 5033

Dedicated Transport Control Emergency Numbers only

Phone: (08) 8262 5424 Mobile: 0419 819 136

Genesee & Wyoming Australia Pty Ltd

Level 3, 33 Richmond Road KESWICK SA 5035

PO Box 309 MARLESTON SA 5033

Scott MacGregor General Manager Rail Safety

Phone: (08) 8343 5445 Mobile: 0419673130 Email: [email protected]

Genesee & Wyoming Australia Pty Ltd

Level 3, 33 Richmond Road KESWICK SA 5035

PO Box 309 MARLESTON SA 5033

Tony Carbone Track Manager South

Phone: (08) 8343 5408 Mobile: 0447 576 890 Email: [email protected]

Genesee & Wyoming Australia Pty Ltd

Level 3, 33 Richmond Road KESWICK SA 5035

PO Box 309 MARLESTON SA 5033

Paul Hollitt Access & Property Manager

Phone: (08) 8343 5441 Mobile: 0419 833 165 Email: [email protected]

Genesee & Wyoming Australia Pty Ltd

1 Railway Place, PT LINCOLN SA 5606

PO BOX 544, PT LINCOLN SA 5606

Michael Cresp Track Superintendent - EP

Phone: (08) 8683 1546 Mobile: 0417 726 912 Email: [email protected]

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Responsible Road Manager Party Address Postal Address Contact Details for meetings

and reports Contact details for emergencies, occurrences and incidents

District Council of Cleve 10 Main Street Cleve PO Box 36 Cleve 5640 Peter Arnold Chief Executive Officer

Phone: (08) 86282004 Mobile: 0428 282 337 Email: [email protected]

Ivan Noble Works Manager

Phone: (08) 86282004 Mobile: 0429 06 0001 Email: [email protected]

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Schedule 6 – Definitions/Notes/Addendums

Item Definition/Note File Reference

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Appendix A 1. With reference to the intent of Sections 8 and 9 of this agreement, both parties acknowledge that some local council level crossing activities on the

Eyre Peninsula will be confined to the GWA approval/consent processes. In some cases, the resourcing of qualified rail safety workers may be required in order to provide safeworking protection to satisfy local council road maintenance activities when working within the rail danger zone.

2. In order to alleviate any Parties concerns to (1) above, and to enhance further interpretation of Sections 8 and 9 of this agreement, it is through

consultation that this safety interface agreement includes additional Council/GWA approved arrangements:

2.1 GWA agrees to supply a rail safety worker at no cost to Council for minor works of duration of less than 2 days. Major works requiring the ongoing presence of a rail safety worker may need Council contribution to costs of this service.

2.2 Transient works (e.g. patrol grading/pothole repair) where mobile plant is in the danger zone for less than 5 minutes and/or any plant or materials that can be removed from the danger zone immediately, if necessary, does not require the attendance of a GWA Rail Safety Worker. Council procedures will provide for a Council Observer to be on work sites where the Council has identified a potential risk to an Operator, due to distracted attention, and so they are unable to adequately watch out for any approaching trains. Notifications to GWA of transient activities can be made, as specified by GWA.

2.3 The provision of a GWA rail safety worker is to be made on a minimum 5 business days’ advisory notice from the Council. The provision of the rail safety worker will be at an agreed date and time, recognising that for some contracted works (e.g. bitumen), timing is critical and that standby costs are substantial if works are held up waiting on third party attendance or approval. Councils may seek to recover costs from GWA, incurred as a result of GWA being unable to uphold the agreed timeframes for the arrival and presence of a rail safety worker for the planned activity.

2.4 Emergency Works will be treated in accordance with Section 9.3.