| (a) In addition to the generally applicable State Safety
Oversight Program Standard, the department will develop and maintain
an individual risk-based inspection program document in consultation
with each rail transit agency in the State Safety Oversight Program.
The program documents will be incorporated into the State Safety Oversight
Program Standard and the rail transit agency safety plans. The program
standard is detailed in the subsections below.
(b) The department will conduct inspections, with or
without notice, of rail transit agency infrastructure, equipment,
records, personnel, and data, including the data that the rail agency
collects when identifying and evaluating safety risks, in accordance
with the State Safety Oversight Program Standard. A rail transit agency
shall provide access to department State Safety Oversight Program
(SSOP) staff and contractors to conduct inspections as prescribed
in the State Safety Oversight Program Standard.
(c) Department SSOP staff and contractors will comply
with a rail transit agency's protective equipment policy and other
safety requirements in the conduct of all inspections.
(d) Department personnel will immediately report safety
concerns revealed through inspection activities to the rail transit
agency staff upon discovery.
(e) The department will issue a draft inspection report
to the rail transit agency within 30 days after the date of the completion
of the inspection. The rail transit agency may submit written comments
on the draft inspection report within 10 days of receiving the draft
inspection report. The department will issue the final inspection
report not later than 10 days after the rail transit agency's deadline
to submit comments. The inspection report will contain:
(1) Date and time of inspection;
(2) Department personnel present;
(3) Inspection purpose, functional area, and locations
or items inspected;
(4) Issues or deficiencies observed, if applicable;
(5) Recommendations, if applicable;
(6) Photographs, documentation, or diagrams, if available;
and
(7) Corrective actions required which may include remedial
actions.
(f) Rail transit agencies shall submit data to the
department for qualitative and quantitative analysis to detect changes
in rail transit safety performance, shifts in risk, and assure policy
adherence. Data submission requirements for each rail transit agency
are based on that agency's Safety Management System (SMS) hazard identification
and risk assessment policies and procedures identified in the agency's
public transportation agency safety plan. The type of data, format
for submission, and schedule of submission shall be identified for
each agency in its public transportation agency safety plan.
(g) The department will review rail transit agency
data to prioritize inspection activities at least annually for each
rail transit agency.
(h) The department will conduct on-going monitoring
which will include at least four onsite inspections per year and other
monitoring activities pursuant to 49 C.F.R. Part 674 and as described
in the State Safety Oversight Program Standard.
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