TSB Transportation Safety Summit

Usage of voice and video recorders - Balancing rights and obligations

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Jean L. Laporte
Chief Operating Officer, Transportation Safety Board of Canada
Ottawa, Ontario, 22 April, 2016

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Slide 2: Current Status

  • Under the Canadian Transportation Accident Investigation and Safety Board Act (CTAISB Act) on-board recordings are privileged
  • TSB may use on-board recordings in its investigations
  • Only a few other uses are permitted (e.g. coroners)
  • Court may order the disclosure under certain circumstances
  • CTAISB Act specifically prohibits use of recordings against workers in disciplinary, legal or other proceedings

Slide 3: Moving Forward

  • Society has changed since the CTAISB Act was proclaimed
  • There are cameras everywhere
  • There are potential safety benefits to be derived from the broader use of on-board recordings by operators and regulators
  • However, there are a number of competing interests that must be considered before changing the legislation and the rules
  • Balancing Rights and Obligations

Slide 4: The Workers

  • Rights
    • Charter of Rights and Freedoms
    • Privacy
    • Trust and respect
    • Fair and equitable treatment
    • Collective Agreements
  • Obligations
    • Compliance with laws, regulations and rules
    • Compliance with company policies and procedures
    • Exercise due diligence
    • Duty of loyalty to employer

Slide 5: The Operators / Companies

  • Rights
    • Define policies and procedures
    • Manage operations and supervise employees
    • Take corrective actions, including discipline
  • Obligations
    • Compliance with laws, regulations and rules (Canadian and international)
    • Respect the rights of workers
    • Collective Agreements
    • Effectively manage safety risks
    • Take corrective actions
    • Exercise due diligence
    • Accountability to shareholders ights

Slide 6: The Government, Regulator and TSB

  • Rights
    • Make laws, regulations and rules
    • Monitor, inspect and audit to ensure compliance
    • Investigate
    • Take corrective actions, including imposing penalties
  • Obligations
    • Compliance with laws, regulations and rules (Canadian and international)
    • Respect the rights of workers and companies
    • Ensure proper oversight
    • Take corrective actions
    • Exercise due diligence
    • Accountability to the public

Slide 7: Third Parties

  • Rights
    • Access to information
    • Fair trial in all types of litigation
    • Proper administration of justice
    • Hold government accountable
  • Obligations
    • Compliance with laws and regulations
    • Respect the rights of individuals and organizations

Slide 8: Balancing the Rights and Obligations

  • What is the definition of an on-board recorder?
  • What / who can be recorded?
  • Who can have access to the recordings?
    • Internally / externally
  • What use can be made of the recordings?
    • Internally / externally
  • How long are the recordings retained?

Slide 9: Balancing the Rights and Obligations

  • How can the rules be enforced and who will enforce them?
    • Internally / externally
  • How do we respond to criminal investigations / prosecution and civil litigation issues?
  • How do we reconcile with different laws, regulations and rules in other countries?
    • Canadian workers and/or companies abroad
    • Foreign workers and/or companies in Canada

Slide 10: Balancing the Rights and Obligations

  • We all have some thinking to do in order to prepare and be ready, because there are no easy answers to all these questions
  • Once we open the door, it will be very difficult to close it
  • We therefore need to do things right the first time