Compliance with legislative obligations can be promoted through the provision of information, education and monitoring or compelled by enforcement action. ONRSR will consider the circumstances of a failure to comply with legislative obligations and then apply a compliance measure appropriate to those circumstances and in proportion with the risk presented at the time.
The compliance and enforcement tools available to ONRSR range from the ‘softer’ tools at the bottom of the following pyramid to the immediate and dramatic at the top.
Each finding from an audit, inspection or investigation activity will be considered so that the most appropriate option (or options) for the circumstance is applied. Where appropriate, ONRSR will liaise with the rail transport operator (RTO) when considering the compliance and enforcement option so as to afford the RTO an opportunity to remedy the matter. However, ONRSR shall, if appropriate, use stronger enforcement options dependent upon the risk to safety and/or the gravity of the circumstances.