43 TAC § 7.86. Risk Based Inspections

(a) In addition to the generally applicable State Safety Oversight Program Standard, the department will develop and maintain an individual risk-based inspection program document in consultation with each rail transit agency in the State Safety Oversight Program. The program documents will be incorporated into the State Safety Oversight Program Standard and the rail transit agency safety plans. The program standard is detailed in the subsections below.

(b) The department will conduct inspections, with or without notice, of rail transit agency infrastructure, equipment, records, personnel, and data, including the data that the rail agency collects when identifying and evaluating safety risks, in accordance with the State Safety Oversight Program Standard. A rail transit agency shall provide access to department State Safety Oversight Program (SSOP) staff and contractors to conduct inspections as prescribed in the State Safety Oversight Program Standard.

(c) Department SSOP staff and contractors will comply with a rail transit agency's protective equipment policy and other safety requirements in the conduct of all inspections.

(d) Department personnel will immediately report safety concerns revealed through inspection activities to the rail transit agency staff upon discovery.

(e) The department will issue a draft inspection report to the rail transit agency within 30 days after the date of the completion of the inspection. The rail transit agency may submit written comments on the draft inspection report within 10 days of receiving the draft inspection report. The department will issue the final inspection report not later than 10 days after the rail transit agency's deadline to submit comments. The inspection report will contain:

(1) Date and time of inspection;

(2) Department personnel present;

(3) Inspection purpose, functional area, and locations or items inspected;

(4) Issues or deficiencies observed, if applicable;

(5) Recommendations, if applicable;

(6) Photographs, documentation, or diagrams, if available; and

(7) Corrective actions required which may include remedial actions.

(f) Rail transit agencies shall submit data to the department for qualitative and quantitative analysis to detect changes in rail transit safety performance, shifts in risk, and assure policy adherence. Data submission requirements for each rail transit agency are based on that agency's Safety Management System (SMS) hazard identification and risk assessment policies and procedures identified in the agency's public transportation agency safety plan. The type of data, format for submission, and schedule of submission shall be identified for each agency in its public transportation agency safety plan.

(g) The department will review rail transit agency data to prioritize inspection activities at least annually for each rail transit agency.

(h) The department will conduct on-going monitoring which will include at least four onsite inspections per year and other monitoring activities pursuant to

49 C.F.R. Part 674

and as described in the State Safety Oversight Program Standard.