Policy on Visits to Occurrence Sites by Board Members

1. Context

1.1 This policy provides guidance to Board members, management and investigators with respect to visits to occurrence sites by Board members.

1.2 The investigator-in-charge (IIC) is responsible to the director of investigations (DOI) for conducting the investigation.

1.3 It is the responsibility of Board members to review the investigation report and the evidence gathered during an investigation and then objectively make their decisions on the basis of this material and any other relevant information that they may have. In order to fulfil their role, Board members need to understand the TSB investigation process and the challenges that investigators can face when deployed to accident sites.

1.4 Board members are not part of the investigation and must maintain their independence in order to fulfil their responsibilities.

1.5 There is a clear delineation of responsibilities between Board members and investigators. Consequently, parties with a direct interest who make representations to the Board on confidential draft reports can be confident that the Board gives as much weight to their representations as it gives to the investigator's report.

1.6 For this reason, Board members must avoid any action or comment that could be interpreted as their being part of the investigation or directing or influencing the investigation.

1.7 In the case of complex investigations, Board members may benefit from briefings, visiting the occurrence site or viewing the wreckage to fully appreciate the issues discussed in the investigation report that they will review.

2. Definitions

2.1 "Board member" means a full-time or part-time member of the Canadian Transportation Accident Investigation and Safety Board (CTAISB) who has been appointed by the Governor in Council in accordance with section 4 of the CTAISB Act.

3. Policy objective

3.1 The purpose of this policy is to outline the conditions and procedures that govern visits to occurrence sites by Board members.

4. Policy requirements

4.1 Before going to an occurrence site

• Board members will discuss any proposed site visit with the Chair. If the Chair is supportive, the Chair will consult the chief operating officer (COO) and the DOI. The DOI will then make arrangements for the visit with the IIC.
• Board members must not have any health or medical problems that could put them at risk while on a site visit.
• The IIC or a member of the investigation team will brief Board members on the occurrence and the situation at the site before they travel there.
• Board members must bring appropriate protective clothing, safety equipment and protective devices with them to the occurrence site.
• Before entering the site, Board members must be briefed on the occupational safety and health precautions to be taken at the occurrence site.

4.2 When at an occurrence site

• Board members must wear their TSB-issued clothing and carry TSB identification.
• The IIC is responsible for site safety and preservation of the wreckage; consequently, he or she must ensure that Board members are accompanied on the site at all times by a member of the investigation team.
• The IIC must arrange for Board members to view the wreckage from a safe position that requires no more than basic personal protection equipment, i.e., boots, gloves, and eye and head protection.
• Board members must adhere to all safety standards, avoid any area with a risk of contamination, and follow the IIC's instructions.
• Board members must not use any electronic devices, such as a camera, a voice recorder, or a smart phone, while they are at the occurrence site.
• The IIC has primary responsibility for dealing with the media.
• Any Board-member engagement with the media should reflect the member's expertise and the collective views of the Board. Questions relating to an investigation must be referred to the IIC or a media relations specialist.
• Board members must be mindful that when on site their actions and conversations can be captured by reporters' or bystanders' microphones and cameras.
• Board members must be conscious of the IIC's need to complete the field work quickly and remain on site only long enough to obtain the information they require.

5. Authorities

5.1 This policy is issued under the authority of the Chair. It was approved by the Board on March 28, 2018, after consultation with the Executive Committee.

5.2 This policy will be reviewed and may be updated in response to changes in government priorities or TSB strategic direction, but at least once every 5 years.

6. Roles and responsibilities

6.1 Chair

The Chair is the responsible authority for this policy. The Chair will approve all Board member site visits after consulting with the COO and DOI.

6.2 Board members

Board members are responsible for discussing proposed site visits with the Chair. Board members are responsible for obtaining appropriate protective clothing, safety equipment and protective devices. Board members must follow the IIC's instructions while on site.

6.3 Chief operating officer

The COO is responsible for the periodic review and update of this policy.

6.4 Directors of investigations

Each DOI is responsible for ensuring that their investigators follow this policy and that IICs make appropriate arrangements for site visits by Board members.

6.5 Investigator-in-charge

The IIC is responsible for ensuring that their team follows this policy.

7. References

7.1 The following acts and regulations apply:

• Canadian Transportation Accident Investigation and Safety Board Act
• Transportation Safety Board Regulations

8. Enquiries

8.1 Questions about this policy may be addressed to:

General enquiries
1-800-387-3557
1-819-994-3741
communications@bst-tsb.gc.ca