Spanish Government Introduces Railway Safety Reform Measures to Improve Operational Supervision Mechanism

en.Wedoany.com Reported - On November 10, the Spanish Government approved a Royal Decree on urgent railway safety measures at a Cabinet meeting, adjusting the rules for calculating train drivers' driving time, expanding the supervisory and inspection powers of the National Railway Safety Agency, granting railway workers the right to stop trains or refuse to depart when facing serious and imminent safety risks, and expanding the scope of application of early retirement coefficients for certain railway workers.

The new rules first adjust the calculation basis for train drivers' driving time. Operations involving the movement of railway vehicles during shunting operations, as well as interruption periods during which drivers remain responsible for the vehicles and must pay attention to railway operations or shunting activities, are all included in the driving time statistics. For intervals of less than 45 minutes between two driving periods of the same driver, the Decree requires that they be fully counted as driving time; during train testing, trials, inspections and validation, interruptions lasting 45 minutes or more are also included in the statistics.

The scope of driving time calculation will also be extended to railway networks other than the general railway network. In special circumstances where two drivers are separately responsible for the vehicle and the infrastructure, the driving time of both drivers shall be calculated synchronously according to the same time basis.

The Decree strengthens the supervisory and inspection powers of the Spanish National Railway Safety Agency (AESF). Natural and legal persons subject to regulatory inspections must open relevant facilities and equipment to inspectors, and railway operating companies must also provide access to vehicles, facilities and equipment as required for inspections. When conducting inspections, regulatory authorities are no longer limited to facilities and vehicles owned by the directly regulated companies, and may also inspect relevant equipment belonging to other railway companies when necessary.

The Spanish Government incorporates the principle of a "just culture" into the Railway Sector Law (Law No. 38/2015), establishing a safety risk reporting and worker protection mechanism for railway operations. Personnel responsible for operational safety may submit safety risk information through internal company channels or public reporting systems, and the relevant channels must protect the identity of reporters. For those who report problems in advance, cease violations and cooperate with investigations, the Decree provides that no penalties shall be imposed; workers facing serious and imminent safety risks may take necessary and proportionate measures, including suspending train operations or refusing to commence a journey, but must promptly report to the relevant responsible persons. Malicious acts, intentional violations or gross negligence shall not be eligible for the corresponding protections.

Social security adjustments concern the retirement age of railway workers. The Decree extends the scope of application of the social security system stipulated in Spanish Royal Decree No. 2621/1986 to employees of railway companies operating on interconnected lines and/or the national railway important network, so that personnel undertaking the same job responsibilities receive corresponding treatment in terms of retirement age reduction coefficients. The Spanish Government will also initiate a review procedure for the relevant coefficients under Royal Decree No. 402/2025, studying the inclusion of other railway positions involving arduous, toxic, dangerous or unhealthy work into the scope of application, and arranging for trade union participation in the review.