Sneak Preview: Transit Agencies Now Have Certified Safety Plans
(The following was excerpted from a recent Thompson Grants 360 article.) All covered U.S. transit agencies ― more than 700 nationwide ― have now certified that they have a public transportation agency safety plan as required under a U.S. Department of Transportation Federal Transit Administration (FTA) July 2018 final rule aimed at keeping riders and employees safe. The rule initially required that such plans be completed by July 20, 2020, but FTA later extended the compliance deadline to July 20, 2021.
The final rule, which added a part 673 under Title 49 of the Code of Federal Regulations, required states and certain operators of public transportation systems that receive federal financial assistance as a recipient or subrecipient under FTA’s Urbanized Area Formula Program grants to designate a chief safety officer and certify that they have a public transportation agency safety plan in place that is based on FTA’s Safety Management System (SMS) approach. The plans also were required to include a confidential employee reporting program, performance targets and a timeline for annual review and update.
“Safety is our top priority, and we are pleased that transit agencies have met this important requirement to develop and implement safety plans to help ensure that public transportation systems are safe nationwide,” FTA Administrator Nuria Fernandez recently said.
The safety plan is authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141), which was reauthorized by the Fixing America’s Surface Transportation Act (Pub. L. 114-94), to strengthen the safety of U.S. public transportation systems. While the requirement was applicable to operators receiving Urbanized Area Formula Program grants, FTA deferred applicability of the requirement for operators that only receive funds through FTA’s Enhanced Mobility of Seniors and Individuals with Disabilities Formula Program or its Rural Area Formula Program.
In response to high-profile public transportation accidents in recent years, FTA in 2018 adopted the SMS approach as its new safety regulatory framework. The main focus of the approach is to develop an organizationwide safety policy to encourage “proactive hazard management, strong safety communication between workers and management, targeted safety training, and clear accountabilities and responsibilities for critical safety activities.” The SMS approach also helps FTA implement recommendations from the National Transportation Safety Board regarding needed improvements in safety and oversight programs for both rail and bus modes.
(The full version of this story has now been made available to all for a limited time here.)
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