Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard
Section 151.07 - Corrective Action Plans

Universal Citation: 220 MA Code of Regs 220.151

Current through Register 1537, December 20, 2024

(1) The Transportation Authority must develop a written corrective action plan (CAP) reported on a Department-approved form to address hazardous conditions meeting certain Risk Assessment Codes specified by the Department, and identified through:

(a) Investigations, in which identified causal and contributing factors are determined by the Transportation Authority or the Department as requiring corrective actions;

(b) Safety reviews and audits performed by the Department;

(c) Internal safety audits performed by the Transportation Authority;

(d) The Hazard Management Process; or

(e) Unannounced On-site Oversight Activities performed by the Department.

(2) Each CAP shall identify the:

(a) Event or condition requiring corrective action;

(b) Action necessary to eliminate or control occurrence or condition;

(c) Schedule for implementation;

(d) Person or department responsible for implementation;

(e) The Department supervisor who is attesting to the content of the CAP.

(3) The Transportation Authority shall submit the CAP to the Department for review and formal approval within 60 days of the identification of the Hazard and/or Risk or the event triggering the necessity of a CAP. The Department must review and approve the CAP before the Transportation Authority carries out the plan, an exception may be made for emergency CAPs to ensure immediate safety, provided the Department receives timely notification and provides subsequent review and approval. The Department may monitor the Transportation Authority's progress in carrying out the CAP through unannounced, on-site inspections, or any other means the Department deems necessary or appropriate. Upon request, the Transportation Authority must allow the Department access to review the data used in the preparation of the CAP.

(4) If the Transportation Authority does not complete a CAP within 60 days of the discovery of the Hazard and/or Risk, it shall submit a written request for an extension outlining the reason(s) for the extension, including the tasks to be completed and a time line for completion.

(5) The Transportation Authority must provide the Department with written:

(a) Verification that each corrective action described in the CAP has been implemented, or that a proposed alternate action(s) has been implemented subject to Department review and approval;

(b) Status reports as requested by the Department, describing the status of each corrective action not completely implemented pursuant to a CAP's implementation schedule; and

(c) Reports to the Department, using the Department's CAP identification number, when the requirements of an approved CAP have been satisfied.

(6) Upon receipt of the Transportation Authority's CAP, the Department has 15 days in which to review and approve the CAP in writing. If the Department rejects the CAP, the Transportation Authority has 20 days from notice of rejection to submit a revised CAP to the Department for approval. The Department may grant an extension beyond the 20 days for good cause shown.

(7) If the Department is unable to approve a proposed CAP or to resolve a dispute with the Transportation Authority resulting from the development or enforcement of a CAP, the Department must either:

(a) Report the areas of disagreement in writing to, and negotiate with, the Transportation Authority until the dispute is resolved;

(b) Develop, and submit to the Transportation Authority for implementation, its own written CAP or enforcement procedures according to the requirements of 220 CMR 151.07; or

(c) Issue any Order that it deems necessary.

(8) In the event the National Transportation Safety Board (NTSB) or FTA conducts an accident investigation, the Department shall review the finding and/or recommendations to determine if they necessitate the development of a corrective action plan. If a CAP is required by the FTA, or the Department, the Transportation Authority shall develop it.

(9) The Department will monitor and track the implementation of each approved corrective action plan through completion. Such monitoring will occur both monthly and quarterly as part of the scheduled meetings between the Department and the Transportation Authority pursuant to 220 CMR 151.01(5).

(10) The Department may withhold from public disclosure CAPS prepared or approved by the Department whose release is likely to jeopardize public safety as contemplated in M.G.L. c. 4, § 7, clause Twenty-sixth(n).

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