Memorandum by the Health and Safety Commission
and Executive (OPT 21)
OVERCROWDING ON PUBLIC TRANSPORT
This memorandum sets out, for the benefit of
the Committee, the role and responsibilities of the Health and
Safety Commission (HSC) and the Health and Safety Executive (HSE)
in the matters relevant to the Inquiry on overcrowding on Public
Transport.
Relationship between the Health and Safety Commission
(HSC) and the Health and Safety Executive (HSE)
1. The Health and Safety Commission (HSC)
and the Health and Safety Executive (HSE) are responsible for
providing advice and enforcing legislation to control almost all
risks to health and safety arising from almost all work activity.
HSE provides the Commission with the policy, technological and
professional advice that is indispensable to its functions, other
expert advice comes from HSC's network of Advisory Committees.
HSC provide oversight and direction for the work of HSE, which
is HSC's operational arm. HSE is responsible for enforcing health
and safety legislation, in particular the Health and Safety at
Work etc Act 1974 and regulations made under that Act.
Railway Health and Safety
2. This note is intended to explain:
— the culture of train usage in Britain;
— the interests of HSE and the Strategic
Rail Authority;
— the specific areas of safety concern
for HSE; and
— the specific injuries and ill-health
associated with overcrowding.
EXECUTIVE SUMMARY
OF THE
HSE'S POSITION
ON THE
HEALTH AND
SAFETY IMPLICATIONS
OF OVERCROWDING
ON TRAINS
In general overcrowding relates to passenger
comfort and well-being, rather than safety, but there are some
areas of health and safety concern with overcrowding, particularly
with regard to emergency evacuation, on platforms and underground
routes in hot weather.
HSE's approach, in line with the other industries
it regulates, is to ensure duty holders are managing risks to
health and safety `so far as is reasonably practicable' as required
by the law; this requires a judgement that balances the scale
and the severity of a risk against the cost (in terms of time,
effort and money) to control it.
HSE believes that current control measures are
proportionate to the health and safety risks posed by overcrowding.
HSE does not believe that there is sufficient evidence or grounds
for introducing new legislation to control overcrowding because
of health and safety risks. Others are better placed to take measures
to tackle the causes and consequences of overcrowding as they
relate to passenger comfort, well-being and customer care.
The Culture of Train Usage in Britain
3. The current culture of usage in Britain
is generally one of turn-up and hop-on rail travel. While TOCs
provide facilities for passengers to book seats in advance, the
Eurostar Channel Tunnel rail service is the only TOC that regulates
passenger numbers to available seats. At present, it is generally
seen as an everyday inconvenience for short-distance commuter
trains to be overcrowded at peak times. To alter the "turn
up and go" nature of rail travel would lead to significantly
reduced customer capacity during peak periods.
The Interests of HSE and The Strategic Rail Authority
(SRA)
4. The issue of which body is responsible
for dealing with concerns about overcrowding on trains is not
straightforward. There are two bodies with responsibilities in
this area:
— the Strategic Rail Authority (SRA)
is responsible for giving overall strategic direction to the railway.
It is responsible for using public funding to attract private
sector investment to enhance the railways; and
— HSE is responsible for regulating
and enforcing health and safety law on Britain's railways.
5. Among the overcrowding issues that HSC
considers are the risks for passengers' health and safety in areas,
including rolling stock and platform design, train platform gaps
and crowd management.
6. HSE believes that in most, but not all
circumstances, overcrowding on trains is not a health and safety
issue, but rather an issue of passenger comfort and well-being.
Overcrowded trains have long been the everyday experience of rail
passengers on busy commuter routes especially, but by no means
exclusively into London and other major cities, and on metro systems.
In such circumstances the health and safety risks that arise to
passengers because of the overcrowding are normally very low,
but there is the inconvenience and discomfort resulting from unpleasant
conditions, especially when passengers are obliged to stand, often
in very close proximity to each other.
7. Overcrowding is subject to specific measurement
and control stimulated by the SRA under provision which they administer
The SRA monitors passenger numbers on some inter-city and commuter
routes.
SPECIFIC AREAS
OF CONCERN
FOR HSE
HSE's approach to overcrowding on trains
8. Health and safety legislation places
a general duty on employers to ensure, so far as is reasonably
practicable, that workers and others are not exposed to health
and safety risks. On the railways this duty falls largely on Train
Operating Companies (TOCs) (trains and most stations) and on Network
Rail (at major stations). However, the duty on train companies
to protect passengers from risks does not extend to safeguarding
their general well-being.
9. There are some areas relating to overcrowding
where HSE does have a regulatory interest. These are:
— Passenger numbers in an accident;
— Train and infrastructure failures;
— Overcrowding on platforms;
— Design of new rolling stock; and
— Injuries and ill health associated
with overcrowding on trains.
Passenger numbers in an accident
10. The number of passengers does not affect
the train's operating performance or its structural integrity.
The design of trains is such that they can cope with very large
numbers of passengers, unlike buses or aeroplanes where stability
would be affected.
11. Although train accidents are relatively
rare, it is an inescapable fact that the more heavily laden a
train, the greater the number of passengers who are likely to
be at risk in the event of an accident. The public inquiry led
by Anthony Hidden QC into the Clapham Junction accident in 1988
and HSE's investigation into the Cannon Street, buffer-stop collision
in 1991 considered the effect of overcrowding on passengers during
a collision. They concluded that while overcrowding had led to
increased numbers of injuries, simply because of the increased
numbers of passengers involved, overcrowding itself did not contribute
to the severity of the incident or injuries. The HSE's report
on the Cannon Street accident stated that the passengers had received
proportionately more head injuries than other injuries. This was
probably because passengers on the commuter train were standing
and moving to the front of the train to ensure a quick exit at
the terminus.
12. In 1999, HMRI commissioned research
(HSE Contract Research Report 225/1999) to consider the computer
model evidence associated with the Cannon Street accident, other
railway accidents and also findings from aircraft accidents on
health and safety and the implications of overcrowding. Published
in 1999 (ISBN 0-7176-2461-7), the report stated that:
"for higher speed collisions . . . (indicates
that) whether a passenger is seated or standing made little difference
to the overall severity of injuries . . .", but "seated
passengers may be less likely to sustain serious injuries in lower
speed collisions, particularly in the admittedly unlikely scenario
in which passengers have sufficient warning to brace themselves
. . .".
13. The report concluded that there was
not enough evidence to suggest the fact that passengers were standing
on an overcrowded train during a collision provided a serious
health and safety problem.
Emergency evacuation
14. The collision at Ladbroke Grove highlighted
the fact that crowding may cause problems during an emergency
evacuation. The more people on board, the longer it takes for
passengers to evacuate. A number of Lord Cullen's recommendations
related to evacuation and escape. In response, HSE has published
new guidance, and train operators have launched initiatives such
as safety announcements at the beginning of a journey and holding
trial evacuations, as well as providing on-board safety information.
Industry is still taking forward some of this work, although most
is now completed[13].
The procedures for effectively managing emergency evacuation are
also recorded in each Train Operating Company's safety case, which
must be accepted by HSE before companies can operate. It should
be noted that in most instances it is safer to stay on board a
train after an accident rather than get out. This is because of
the presence of other trains and "live" tracks.
15. There are sometimes reports of excess
luggage blocking evacuation routes, as well as inhibiting normal
passenger and train staff movements through the train. Safety
aspects of this are of interest to HSE.
Overcrowding caused by rolling stock and infrastructure
reliability failures
16. Shortcomings in an industry's overall
performance frequently have consequences for health and safety.
In the case of the railways, service performance problems, such
as shortages of rolling stock or infrastructure problems have
consequences for passengers. For example, there can be a domino-effect
which results in overcrowding on other services, crowded platforms,
congested aisles (with a greater risk of trip injuries), more
hazardous disembarkation, delayed services missing their allotted
timetable window and drivers facing more signals at caution and
danger, with the associated risk of collisions or derailment.
17. Rolling stock and infrastructure failures
in deep tunnels can cause more specific health concerns because
of the increased temperatures and reduced ventilation that may
be encountered by passengers on delayed and overcrowded carriages,
especially during summer months. There have also been similar
problems when train ventilation systems fail, because modern trains
have no operable external windows. In such cases health and safety
law requires employers to put arrangements in place to reduce
the risks, where it is reasonably practicable to do so. For example,
London Underground Limited (LUL) has procedures included in their
accepted safety case to manage such scenarios.
18. In their safety cases, TOCs and infrastructure
controllers must set out management arrangements which deliver
high standards of performance, even under pressure. HSE examines
the robustness of these arrangements when assessing safety cases
and must be satisfied before it accepts them.
Overcrowding on platforms
19. Station operators' safety cases include
strategic and day-to-day management procedures for dealing with
crowded platforms. These usually involve station managers taking
specific action to control access to the platform when necessary
to regulate overcrowding. The train/platform interface is a potential
hazard in overcrowded conditions; as well as management controls
to prevent overcrowding, HSE seeks the reduction of train/platform
gaps where possible when platforms are upgraded.
Design of new rolling stock
20. HSE's role in the approval of new rolling
stock is to ensure the design specifications comply with health
and safety standards and safety case requirements. For example,
in relation to the design of handholds, storage space, soft-edged
fittings and escape provisions. Both HSE and industry consider
the design of rolling stock from the point of view of "initial
integrity". However, HSE's "approval process" does
not consider subsequent patterns of use.
21. Some newer rolling stock has smaller
luggage facilities than traditional rolling stock design. This
can cause potential safety problems if the pattern of use is not
that which was anticipated when the rolling stock was selected.
INJURIES AND
ILL-HEALTH
ASSOCIATED WITH
OVERCROWDING
22. The majority of complaints and letters
that HSE receives do not mention a specific physical ailment as
a result of overcrowding. However, areas of concern are:
— Musculoskeletal complaints
— Respiratory and circulatory complaints;
— Lack of refreshments and toilets;
— Personal security (aggressive behaviour
to passengers and staff or "train-rage"); and
— Psychological problems associated
with being in a confined space.
23. In HSE's judgement, the scale of these
risks is small. In most circumstances they amount to the unpleasant
effects of too many people fitting into a confined space, and
are a matter of passenger well-being.
Conclusions
HSE recognises that there are some areas of
concern with overcrowding, particularly during emergency evacuation,
on platforms and underground routes in hot weather. However, HSE's
approach, in line with the other industries it regulates, is to
ensure duty holders are managing risks to health and safety "so
far as is reasonably practicable". This requires a judgement
that balances the scale and the severity of a risk against the
cost (in terms of time, effort and money) to control it, based
on competent and effective management systems as set out in safety
cases.
HSE believes that current health and safety
control measures are proportionate to the risk posed by overcrowding.
It does not believe that there is sufficient evidence or grounds
for introducing new legislation to control overcrowding because
of health and safety risks. The SRA through its contractual arrangements
with TOCs (on trains and stations) and infrastructure controllers
(at key stations) are better placed to take measures to tackle
the causes and consequences of overcrowding as they relate to
passenger comfort and well-being.
2. WORK-RELATED
ROAD TRANSPORT
24. Health and safety law requires employers
and the self employed to ensure, so far as is reasonably practicable,
the health, safety and welfare of all employees and, that they
conduct their undertakings in such a way as to ensure, that the
public are not exposed to risks to their health and safety. This
includes when they are travelling on the public highway.
25. The general duties under health and
safety at work law to protect workers and others from risks arising
out of work activities are broad and overlap with other legislation.
It has been the policy of successive Government's that HSE should
not generally seek to enforce health and safety at work legislation
where public and worker safety is adequately protected by more
specific and detailed law enforced by another authority. In this
case the Road Traffic Acts provide more specific law and are enforced
by the police and others such as the Highways Authorities and
Traffic Commissioners.
26. HSE's involvement in work-related Road
Traffic Incidents (RTI) is usually restricted to three broad situations:
— Where work vehicles are engaged in
specific work activities (other than travelling) on the public
highway, eg hedge cutting, refuse collection, traffic management
at road works etc.
— Where workers (not in vehicles) are
engaged in specific work activities (other than travelling) on
the public highway eg maintenance, street cleaning etc.
— Where vehicles connected with particular
work premises are manoeuvring in, out and in close proximity to
those work premises.
27. In these circumstances any decisions
concerning formal action would be made in accordance with HSE'S
enforcement policy, as with any other workplace situation.
28. HSE may also be asked by the police
to assist with RTI investigations, including those where public
forms of road transport have been involved. HSE will assist in
cases where the police have identified that serious management
failings have been a significant contributory factor to the RTI.
29. HSC/E's policy was recently reviewed
by a Government appointed independent Task Group.
3. AVIATION HEALTH
AND SAFETY
30. HSC/E is responsible for the enforcement
of occupational health and safety legislation at airports. There
are no specific legislative requirements relating to overcrowding—this
is covered by the general duties under the Health and Safety at
Work etc. Act 1974 and the Management of Health and Safety at
Work Regulations 1999 which includes requirements for emergency
plans.
31. At airports HSE is mainly responsible
for enforcement in relation to activities on the airside of the
airport (that is activities beyond the security check-in point)
including buildings and services, security activities, baggage
handling and operations on the ramp. Enforcement in relation to
activities on the landside, which includes areas to which the
public (including relatives and friends of passengers) have access,
falls to local authorities, who also deal with food hygiene and
health and safety at food and retail outlets in the airside sections
of terminal buildings.
32. HSC/E is not responsible for enforcement
in relation to the numbers of passengers carried on board aircraft.
This responsibility lies with the Civil Aviation Authority.
4. MARINE HEALTH
AND SAFETY
33. HSC/E is responsible for the enforcement
of occupational health and safety legislation at ports. There
are no specific legislative requirements relating to overcrowding—this
is covered by the general duties under the Health and Safety at
Work etc. Act 1974 and the Management of Health and Safety at
Work Regulations 1999, which includes requirements for emergency
plans.
34. HSE is the enforcing authority for all
areas in ports, including ferry terminals.
35. HSC/E is not responsible for enforcement
in relation to the numbers of passengers carried on board ships
(including small passenger vessels). This responsibility lies
with the Maritime and Coastguard Agency respectively.
December 2002
13 On 28 November 2002, the HSC published a report
on the progress to complete all the railway Public Inquiry recommendations
(Southall, two into Ladbroke Grove and the Joint Investigation
into Automatic Train Protection). The report is available at http://www.hse.gov.uk/railway/railpublic.pdf Back
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