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Rob35  
#1 Posted : 30 August 2013 11:14:56(UTC)
Rank: Forum user
Rob35

Rather the work my way thorough all the legislation, I will ask all the Railways Guru's out there first. We have 2 sites that have a railway line running along our boundary, I am putting together our legal register for 18001 / 14001 (Thank you all who have already assisted on this), is there specific legislation I need to include? I am thinking along the lines of Trespassing - ie: no persons shall enter track side to undertaken boundary maintenance. Access - We have a gated access we have to allow for the Fire Brigade in emergency, but this is main used if a Steam Train needs a top up. Thank you in advance
Canopener  
#2 Posted : 30 August 2013 12:15:15(UTC)
Rank: Super forum user
Canopener

It's one for Ray, and the good news is he will remember the days of steam!
achrn  
#3 Posted : 30 August 2013 12:15:45(UTC)
Rank: Super forum user
achrn

It raises the interesting observation that I can't help. We do a lot of railway work, but I don't actually know the law that prohibits not complying with the railway access systems because we do always comply with the railway access systems. It's a bit like, I couldn't actually tell you what law says I must pay income tax and what law says I mustn't murder my neighbour. Can't you prohibit crossing the boundary by reference to HSAWA, having done a risk assessment and decided it's not safe, and then ignore the railway legislation?
A Kurdziel  
#4 Posted : 30 August 2013 12:43:48(UTC)
Rank: Super forum user
A Kurdziel

achrn wrote:
It raises the interesting observation that I can't help. We do a lot of railway work, but I don't actually know the law that prohibits not complying with the railway access systems because we do always comply with the railway access systems. It's a bit like, I couldn't actually tell you what law says I must pay income tax and what law says I mustn't murder my neighbour. Can't you prohibit crossing the boundary by reference to HSAWA, having done a risk assessment and decided it's not safe, and then ignore the railway legislation?
Various income tax acts and common law( ie killing your neighbour is traditionally regarded a unacceptable)
peter gotch  
#5 Posted : 30 August 2013 13:09:06(UTC)
Rank: Super forum user
peter gotch

Canopener When I were a lad in the mid-1970s, London Underground had four 0-4-0 steam locos based at Neasden. One would come into Kensington Olympia at about 0705 to do the railway equivalent of a three point turn (albeit only two point). But I don't think Ray's old enough to have driven one of these!
Rob35  
#6 Posted : 30 August 2013 13:11:52(UTC)
Rank: Forum user
Rob35

achrn wrote:
It raises the interesting observation that I can't help. We do a lot of railway work, but I don't actually know the law that prohibits not complying with the railway access systems because we do always comply with the railway access systems. It's a bit like, I couldn't actually tell you what law says I must pay income tax and what law says I mustn't murder my neighbour. Can't you prohibit crossing the boundary by reference to HSAWA, having done a risk assessment and decided it's not safe, and then ignore the railway legislation?
It may well be classed as 'other requirements' rather than just legislation. Previous company we did track side work, as you mention, we didn't reference legislation is was just part of the contract to undertake a specific course. But it was specifically referenced during pre-audit
peter gotch  
#7 Posted : 30 August 2013 13:12:36(UTC)
Rank: Super forum user
peter gotch

Rob First question is whose fence is it? Whilst I appreciate that the infrastructure controller is probably not Network Rail, if you do a search for fencing on the NR website, you will find some useful guidance.
RayRapp  
#8 Posted : 30 August 2013 17:55:32(UTC)
Rank: Super forum user
RayRapp

Hang on a minute...I did once pilot a steam train from the footplate, Amersham - Watford and back! I presume from the question we are talking about some railway heritage site and not an ordinary railway premises. In which case I cannot think of any specific guidance or legislation which might cover this except for the good old OLA. Unless you need to access the railway side I cannot see what the problem is?
Alan Haynes  
#9 Posted : 30 August 2013 18:17:23(UTC)
Rank: Super forum user
Alan Haynes

rob35 You need to give more details please. Is it a heritage railway? You say;- "I am thinking along the lines of Trespassing - ie: no persons shall enter track side to undertaken boundary maintenance. Access " In general, you would need to agree access requirements, on a case by case basis, with the Owner/Operator of the track, so I'd suggest [as a starter] "No persons shall cross the boundary of the railway" - [You can qualify it by referencing the need for a named Person or Post to get 'approvals', but this may [for general operatives], only cloud the issue]
Canopener  
#10 Posted : 30 August 2013 20:38:06(UTC)
Rank: Super forum user
Canopener

I knew it. Ray is even older than Casey Jones! Or is that me showing MY age :-0
RayRapp  
#11 Posted : 31 August 2013 08:52:02(UTC)
Rank: Super forum user
RayRapp

canopener wrote:
I knew it. Ray is even older than Casey Jones! Or is that me showing MY age :-0
After 30 years in the railway industry I'm beginning to feel my age!
Sansom23170  
#12 Posted : 31 August 2013 18:48:28(UTC)
Rank: New forum user
Sansom23170

In response to the first question - there is no specific legislation that you would require in the legal register as part of 18001 & 14001 regards your business being located next to a railway. Following on from that there's mention and various discussion around access etc, I would suggest the following: 18001 - risk assessments would identify you are located adjacent to a high risk neighbour consequently your controls would restrict access - there is a fence and locked gates, which you would check periodically. Should access be required the RA will show you work in association with your neighbour (ie the railway) adhering to their controls and access arrangements - this may include item such as protection of staff, defined ingress routes etc. Note - access is not just a person going on the neighbours property but other items such as cranes over-swinging
Rob35  
#13 Posted : 02 September 2013 11:24:32(UTC)
Rank: Forum user
Rob35

Thank you to all that have replied. The railway runs along our boundary, so we need to 'consider' the impact both safety and environment. We are going to include this as an 'Other Requirement' as not significant, but shows we have considered it. If the auditor wants more then I will push it to them to justify why.
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