KNOW THE LAWS: TSB Incident Reporting Requirements

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For more information on this topic, see the related feature article. “ENVIRONMENTAL INCIDENTS: 5 Keys to Complying with the TSB Reporting Requirements

Know the laws: TSB Incident Reporting Requirements

Here are the requirements for incident reporting under the federal Transportation Safety Board Regulations by type of incident:

Aviation Occurrences Who Must Report: The owner, operator, pilot-in-command, any crew member of the aircraft and any person providing air traffic services that have direct knowledge of an occurrence [Sec. 2(1)].

Which Incidents Must Be Reported: The following aviation occurrences if they result directly from the operation of an aircraft:

1) In the case of an accident:

a) a person is killed or sustains a serious injury as a result of:

i) being on board the aircraft;

ii) coming into direct contact with any part of the aircraft, including parts that have become detached from the aircraft; or

iii) being directly exposed to jet blast, rotor down wash or propeller wash;

b) the aircraft sustains structural failure or damage that adversely affects its structural strength, performance or flight characteristics and would normally require major repair or replacement of any affected component, except for:

i) engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or

ii) damage limited to propellers, wing tips, antennae, tires, brakes, fairings or small dents or puncture holes in the aircraft’s skin; or

c) the aircraft is missing or inaccessible [Sec. 2(1)(a)]; and

2) In the case of an incident involving an aircraft having a maximum certificated take-off weight greater than 2,250 kg or an aircraft being operated under an air operator certificate issued under Part VII of the Canadian Aviation Regulations:

a) an engine fails or is shut down as a precautionary measure;

b) a power train transmission gearbox malfunction occurs;

c) smoke is detected or a fire occurs on board;

d) difficulties in controlling the aircraft are encountered owing to any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope;

e) the aircraft fails to remain within the intended landing or take-off area, lands with all or part of the landing gear retracted or drags a wing tip, an engine pod or any other part of the aircraft;

f) a crew member whose duties are directly related to the safe operation of the aircraft is unable to perform his/her duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment;

g) depressurization of the aircraft occurs that requires an emergency descent;

h) a fuel shortage occurs that requires a diversion or requires approach and landing priority at the destination of the aircraft;

i) the aircraft is refuelled with the incorrect type of fuel or contaminated fuel;

j) a collision, a risk of collision or a loss of separation occurs;

k) a crew member declares an emergency or indicates an emergency that requires priority handling by air traffic services or the standing by of emergency response services;

l) a slung load is released unintentionally or as a precautionary or emergency measure from the aircraft; or

m) any dangerous goods are released in or from the aircraft [Sec. 2(1)(b)].

What Information Report Must Include:

1) The type, model, nationality and registration marks of the aircraft;

2) The name of the owner, operator, pilot-in-command and, if applicable, hirer of the aircraft;

3) The last point of departure and the intended destination of the aircraft, including the date and time of the departure;

4) The date and time of the occurrence;

5) The name of the person providing air traffic services related to the occurrence;

6) The number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the occurrence;

7) The location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude;

8) A description of the occurrence and the extent of any resulting damage to the environment and to the aircraft and any other property;

9) A list of any dangerous goods carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information;

10) If the aircraft is missing or inaccessible:

a) the last known position of the aircraft by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the aircraft was at that position; and

b) the actions taken or planned to locate or gain access to the aircraft;

11) A description of any action taken or planned to protect persons, property and the environment;

12) The name and title of the person making the report and the phone number and address at which he/she can be reached; and

13) Any information specific to the occurrence that the Board requires [Sec. 2(2)].

Marine Occurrences Who Must Report: The operator of the ship, other than a pleasure craft, whether or not they’re the owner, the master, the ship’s pilot, any crew member of the ship and the harbour master, that have direct knowledge of a marine occurrence [Sec. 3(1)].

Which Incidents Must Be Reported:

1) A person is killed or sustains a serious injury as a result of:

a) boarding, being on board or falling overboard from the ship; or

b) coming into direct contact with any part of the ship or its contents;

2) A person falls overboard from the ship;

3) A crew member whose duties are directly related to the safe operation of the ship is unable to perform his/her duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment;

4) The ship:

a) sinks, founders or capsizes;

b) is involved in a collision or a risk of a collision;

c) sustains a fire or an explosion;

d) goes aground;

e) makes unforeseen contact with the bottom without going aground;

f) sustains damage that affects its seaworthiness or renders it unfit for its purpose;

g) is anchored, grounded or beached to avoid an occurrence;

h) is missing or abandoned;

i) fouls a utility cable or pipe, or an underwater pipeline:

j) sustains a total failure of:

i) the navigation equipment if the failure poses a threat to the safety of any person, property or the environment;

ii) the main or auxiliary machinery; or

iii) the propulsion, steering, or deck machinery if the failure poses a threat to the safety of any person, property or the environment;

k) all or part of the ship’s cargo shifts or falls overboard; or

l) there’s an accidental release on board or from the ship consisting of a quantity of dangerous goods or an emission of radiation that’s greater than the quantity or emission levels specified in Part 8 of the Transportation of Dangerous Goods Regulations [Sec. 3(1)(a-f)].

What Information Report Must Include:

1) The name or identification number, nationality and type of the ship and, if applicable, a general description of the cargo on board the ship;

2) The date and time of the occurrence;

3) The names of the operator, owner and agents of the ship and, if applicable, the name of the authorized representative referred to in Sec. 14(1) of the Canada Shipping Act, 2001;

4) The name of the master of the ship and, if applicable, the name of the ship’s pilot;

5) The technical specifications of the ship such as its tonnage, length and type of propulsion;

6) If the ship is equipped with a voyage data recorder or a simplified voyage data recorder:

a) the type of recorder, including its make and model; and

b) any action taken or planned to save the data on the recorder;

7) The last point of departure and the intended destination of the ship, including the date and time of the departure;

8) The number of crew members, passengers and other persons on board at the time of the occurrence;

9) The number of crew members, passengers and other persons involved in the occurrence who were killed or sustained serious injuries as a result of the occurrence;

10) The local weather, sea and, if applicable, ice conditions at the time of the occurrence;

11) The location of the occurrence by reference to an easily defined geographical point, or by latitude and longitude;

12) A description of the occurrence and the extent of any resulting damage to the ship, the environment and any other property;

13) If applicable, a list of any dangerous goods released on board or from the ship, including the shipping name or UN number of the dangerous goods;

14) If the ship is missing or inaccessible:

a) the last known position of the ship by reference to an easily defined geographical point, or by latitude and longitude, including the date and time that the ship was at that position; and

b) the actions taken or planned to locate or gain access to the ship;

15) A description of any action taken or planned to protect persons, property and the environment;

16) The name and title of the person making the report and the phone number and address at which he/she can be reached; and

17) Any information specific to the occurrence that the Board requires [Sec. 3(2)].

Pipeline Occurrences Who Must Report: The operator of the pipeline [Sec. 4(1)].

Which Incidents Must Be Reported:

1) A person is killed or sustains a serious injury;

2) The safe operation of the pipeline is affected by:

a) damage sustained when another object came into contact with it; or

b) a fire or explosion or an ignition that isn’t associated with normal pipeline operations;

3) An event or an operational malfunction results in an unintended or uncontrolled release of

a) gas;

b) HVP hydrocarbons;

c) LVP hydrocarbons in excess of 1.5 m3; or

d) a commodity other than gas, HVP or LVP hydrocarbons;

4) There’s a release of a commodity from the line pipe body;

5) The pipeline is operated beyond design limits or any operating restrictions imposed by the National Energy Board;

6) The pipeline restricts the safe operation of any mode of transportation;

7) An unauthorized third party activity within the safety zone poses a threat to the safe operation of the pipeline;

8) A geotechnical, hydraulic or environmental activity poses a threat to the safe operation of the pipeline;

9) The operation of a portion of the pipeline is interrupted as a result of a situation or condition that poses a threat to any person, property or the environment; or

10) An unintended fire or explosion has occurred that poses a threat to any person, property or the environment [Sec. 4(1)(a-j)].

What Information Report Must Include:

1) The name of the operator;

2) The date and time of the occurrence;

3) The unique identifier of the pipeline or portion of pipeline, such as its name or number;

4) The specific pipeline components that malfunctioned or failed;

5) The location of the occurrence by reference to a specific designation point such as the operator’s facility or the pipeline’s kilometre post location;

6) The closest city, town or village to the occurrence site;

7) The number of persons who were killed or sustained serious injuries as a result of the occurrence;

8) A list of any commodity contained in or released from the pipeline and an estimate of the volume of commodity released and recovered;

9) The actual or anticipated duration of any interruption of the operation of the pipeline or a portion of the pipeline;

10) A description of the occurrence, the events leading up to it and the extent of any damage, including the consequences on the pipeline or portion of the pipeline and on any other property and the environment;

11) A description of any action taken or planned to address the consequences of the occurrence;

12) A description of any action taken or planned to protect persons, property and the environment, including any evacuation as a result of the occurrence;

13) The name and title of the person making the report and the phone number and address at which they can be reached; and

14) Any information specific to the occurrence that the Board requires [Sec. 4(2)].

Railway Occurrences Who Must Report: The operator of the rolling stock, the operator of the track and any crew member who have direct knowledge of a railway occurrence [Sec. 5(1)].

Which Incidents Must Be Reported:

1) A person is killed or sustains a serious injury as a result of:

a) getting on or off or being on board the rolling stock; or

b) coming into contact with any part of the rolling stock or its contents;

2) The rolling stock or its contents:

a) are involved in a collision or derailment;

b) sustain damage that affects the safe operation of the rolling stock;

c) cause or sustain a fire or explosion; or

d) cause damage to the railway that poses a threat to the safe passage of rolling stock or to the safety of any person, property or the environment;

3) A risk of collision occurs between rolling stock;

4) An unprotected main track switch or subdivision track switch is left in an abnormal position;

5) A railway signal displays a less restrictive indication than that required for the intended movement of rolling stock;

6) Rolling stock occupies a main track or subdivision track, or track work takes place, in violation of the Rules or any regulations made under the Railway Safety Act;

7) Rolling stock passes a signal indicating stop in violation of the Rules or any regulations made under the Railway Safety Act;

8) There’s an unplanned and uncontrolled movement of rolling stock;

9) A crew member whose duties are directly related to the safe operation of the rolling stock is unable to perform their duties as a result of a physical incapacitation which poses a threat to the safety of persons, property or the environment; or

10) There’s an accidental release on board or from a rolling stock consisting of a quantity of dangerous goods or an emission of radiation that’s greater than the quantity or emission level specified in Part 8 of the Transportation of Dangerous Goods Regulations [Sec. 5(1)(a-j)].

What Information Report Must Include:

1) The train’s number, direction, tonnage, length and authorized speed;

2) The number of loaded cars and empty cars on each train and cut of cars;

3) The names of the operator of the rolling stock and the operator of the track;

4) The date and time of the occurrence;

5) The number of crew members, passengers and other persons involved in the occurrence and the number of those who were killed or sustained serious injuries as a result of the occurrence;

6) The number of rolling stock or intermodal platforms that are damaged or have derailed and their reporting marks;

7) For each rolling stock that’s damaged or has derailed, whether the rolling stock is loaded, empty or contains residue;

8) For each damaged or derailed rolling stock a list of all the dangerous goods on board the rolling stock, including the shipping name or UN number of the dangerous goods;

9) If dangerous goods are released:

a) the shipping name or UN number of each dangerous good;

b) the reporting marks of each rolling stock from which the dangerous goods were released;

c) a brief description of each of the means of containment from which the dangerous goods were released, including the specification of the means of containment;

d) a brief description of the condition of each of the means of containment from which the dangerous goods were released;

e) the quantity of the dangerous goods on board each rolling stock or in each means of containment prior to the occurrence; and

f) the quantity of each dangerous good that’s known or suspected to have been released;

10) The local weather conditions at the time of the occurrence and any climatic conditions such as snow, ice, wind, fog, dust and severe heat;

11) The location of the occurrence, including the mile, the subdivision and the track designation;

12) A description of the occurrence and the extent of any resulting damage to the environment and to the rolling stock, the railway and other property;

13) A description of any action taken or planned to protect persons, property and the environment, including any evacuation as a result of the occurrence;

14) The name and title of the person making the report and the phone number and address at which they can be reached; and

15) Any information specific to the occurrence that the Board requires [Sec. 5(2)].