The derailment of a 1.7 kilometre-long freight train with 55 carriages at Inverleigh, west of Geelong, during November, once again exposed the frailties of Australia’s national rail safety regime.

National RTBU Secretary Mark Diamond said rail workers had lost confidence in the rail safety regime, and an urgent review of the Rail Safety National Law was needed.

“Miraculously, there were no injuries to traincrew in the incident at Inverleigh,” Mark said.

“But a derailment like that would be catastrophic if the train was carrying passengers, rather than freight. Rail workers are increasing concerned that Australia’s rail safety regime is no longer fit for purpose, and not enough is being done to ensure that tracks are safe.”

The incident happened after a period of heavy rain and flooding throughout southeast Australia, but Mark said rain should not be used as an excuse to justify infrastructure failings.

“Australia is a big country with a big rail network. It therefore needs a rail workforce that is big enough to ensure that every kilometre of track is appropriately maintained and regularly checked – especially during times of extreme rainfall or heat. It has also been ten years since the adoption of the Rail Safety National Law (RSNL). It’s time that safety laws were brought up-to-date with contemporary practices and standards in the rail industry.”

Mark said the introduction of the Rail Safety National Law in 2012 was a milestone moment for the industry, and a key achievement of the former Labor Federal Government.

“Since then, however, it has become clear that the Regulator needs greater powers in order to hold rail operators fully accountable. There are also inconsistencies between the responsibilities of employers under the RSNL and model Workplace Health and Safety laws and these should be considered and, where appropriate, aligned.  A comprehensive review would allow for the Act to be strengthened, ensuring workers have the protection of a world class safety regime.”

Mark said a major problem with the current rail safety regime was the lack of transparency.

“For example, when an individual makes a report to the regulator, they are not provided with any information about what happened with their report – or even advised if any investigation has been conducted. This undermines rail workers’ trust in the system, as they do not know whether anything has been done about the safety issue.”

Data from the Office of the National Rail Safety Regulator shows there have been 57 deaths on the national railway network since January 2016.

RTBU analysis of rail safety statistics found that in recent years:

• Workplace deaths have increased;
• Derailments have increased; Level crossing incidents have increased;
• There has been no reduction in SPADS (incidents of Signals Passed at Danger); and
• The total number of injuries is most-likely under-reported.

“By any objective analysis, the rail safety regime is failing to do the job it was set up to do,” Mark said.

Attacks on Victorian public transport staff are an almost daily occurrence, with the RTBU working to reduce the risks and spread awareness of the issue.

Yarra Trams delegate Brian Penza said there had been a noticeable increase in assaults against drivers since the COVID pandemic in mid-2020.

Brian put that down to bravado by “unsocial elements”, who tended to take advantage of the lack of other people on the streets.

“Patronage levels went down to 10%, and the more unsavoury characters didn’t care about the rules,” Brian said.

“That has continued, possibly due to post-COVID tensions.

“Verbal abuse has gone up, and there is a lack of respect for workers just wanting to serve the public.”

Brian said there were three main danger spots:

• terminus locations, where drivers had to leave their trams to use facilities, often in areas with poor lighting and few cameras;
• on trams as drivers rode back to their depots;
• and take points, stops where drivers waited to take their tram.

After a string off assaults – including a vicious incident last year where a driver was attacked with a bottle – Brian and Malvern depot driver Luis Fanti launched a campaign that, with assistance of the RTBU Vic Branch, has led to some positive changes.

“We pushed and pushed and pushed and said this is not good enough, we need things to happen,” Brian said.

The group met with Transport Minister Ben Carroll and were also able to link the issue to pay parity.

In theory all drivers are paid the same, but women are avoiding late shifts – and missing out on shift loadings – due to fears they will be attacked at night.

Brian said company data confirmed this had created a pay gap of about 7%.

Following further meetings the government has signalled that it is prepared to allocate $14.7 million to help address staff safety. Proposals include:

• Two mobile Authorised Officer teams – plus an extra fleet operator to monitor duress calls from drivers, call police and deploy AOs at the same time. This is in response to CBD where police have taken more than 40 minutes to attend.
• Duress buttons at take points.
• Drivers be driven by taxi after a certain time instead of travelling back to depots as passengers.
• Staff toilets to be located at terminus stops, with improved lighting and cameras.

“Driver assaults are still at unacceptable levels, and while we have been kicking goals, a lot more needs to be done as we can never be complacent. We will never stop pushing for safety,” Brian said.

RTBU Rail Administration Divisional President Victor Moore said assaults on rail staff were also dire, with a big increase as the city came out of its COVID lockdowns, and a recent spike in attacks during school holidays.

Unlike trams, where drivers were targeted, Victor said rail assaults – verbal and physical – occurred mainly against station staff and Authorised Officers, with the biggest issue being the spontaneity of attacks.

“Offenders will come up demanding to know why their train was cancelled or ticket didn’t work or be demanding to be let through station barriers, and it quickly ends up developing into an altercation,” Victor said.

“Station staff at barriers were copping it very early in the piece, there has been a lot of abuse hurled at booking office staff, and there have been a number of assaults on the network against people just doing their job.

Victor said there was an ongoing RTBU campaign to raise awareness of the issue and eliminate risks.

“As part of these campaigns to improve safety we have held regular online meetings open to all members, HSRs and delegates, involving RTBU officials and Victorian Trades Hall Council safety experts. These are run in conjunction with station visits, leaflets and safety posters.

“These are issues where your campaign doesn’t stop.”

The RTBU is also using EBA clauses that forced management to meet with HSRs & delegates to review assaults and serious threats to members.

Rail Division Industrial Officer Amanda Swayn said assaults left emotional, as well as physical, scars, and she had been involved in several disputes where members had developed psychological conditions due to being involved in assaults.

“Assaults are almost daily occurrences, especially at bigger stations,” she said.

“Often people have trouble returning to front-line work, particularly if it has been a serious incident and they have not fully recovered. And WorkCover only protects them for 12 months, after which they are often dismissed.”

Amanda said it was essential that every incident was reported: “I’d encourage members to report incidents no matter how big or small, as employers are not obligated to do something they know nothing about.”