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Transport Canada mandates video recorders on trains

Union representing railway workers blasts legislation by Transport Canada
web1_Beavermouth-derailment
A train derailed at the Beavermouth siding near Golden on Sept. 6, 2015. A Transportation Safety Board report into the incident recommended video records be installed on all trains. ~ Photo by the Transportation Safety Board

The union representing railway workers blasted proposed new regulations that require video and voice recorders be installed on all trains, and that give railway companies access to them.

Bill C-49, which was introduced by federal Transportation Minister Marc Garneau last Tuesday, amends the Railway Safety Act by requiring railway companies to install live video & voice recorders (LVVR) on all trains.

The Teamsters Canada Rail Conference is not opposed to the recorders, but it says only the Transportation Safety Board should have access, and not railway companies.

“Marc Garneau’s proposal is an unprecedented violation of Canadian’s privacy,” said Doug Finnson, President of the Teamsters Canada Rail Conference. “How can he possibly think that workers aren’t getting the short end of the stick?”

The bill, which was widely reported for introducing an airline passengers bill of rights, makes changes to a number of transportation regulations, including the Railway Safety Act.

Notably, the bill says, “No railway company that meets the prescribed criteria shall operate railway equipment… on a railway unless, a) the railway equipment is fitted with the prescribed recording instruments; and (b) the company, in the prescribed manner and circumstances, records the prescribed information using those instruments, collects the information that it records and preserves the information that it collects.”

It goes on to say that companies can use the information to conduct analyses and determine the causes of accidents.

In a response to questions, Transport Canada said the video would be available to the Transportation Safety Board and to railway companies so they could identify safety concerns and determine the causes of incidents not being investigated by the TSB. Transport Canada would be able to use the videos to help inform future policies and regulations and determine the causes of accidents.

“LVVR systems would provide data about in-cab crew behaviour or activities or unsafe conditions that would not otherwise be available. This type of information would be useful for investigators in determining the causes or contributing factors of incidents, as well as providing information about how to improve safety in ongoing day-to-day railway operations,” stated Transport Canada. “This would lead to improved overall safety in the railway system for all Canadians. The goal is to maximize safety benefits while balancing the needs of the railway industry, their employees, communities, and Canadians across the country.”

The recordings could only be used as specified in the Railway Safety Act and any use of the recordings that isn’t specified by the law could result in fines.

CP Rail issued its own news release applauding the new regulations.

“Minister Garneau has shown tremendous political leadership with today’s announcement on inward-facing cameras, and I thank him for his commitment to safety,” said CP’s President and CEO Keith Creel. “Having the ability to use this technology in a proactive manner will allow us to prevent incidents and improve rail safety – further protecting the public, our employees and the goods we transport for our customers.”

In a news release, TCRC said it was not consulted on the announcement, and that it didn’t trust CP Rail, which it accused of “systematically violating workers’ rights.”

“Today was a complete surprise and a total disappointment,” stated Finnson. “For a government that can’t stop talking about the middle class, they sure love listening to corporate lobbyists.”

Transport Canada says it met the Teamsters on February 1 and 6, and also presented its position to the Advisory Council on Railway Safety, of which the union is a member, on Sept. 20, 2016, and May 3, 2017.

The rules follow the release of a Transportation Safety Board report in January into the collision of two CP Rail trains near Golden, B.C. In the report, the TSB recommended the installation of LVVR devices on trains.