Good communication and advance planning are keys to working with the National Transportation Safety Board (NTSB) in case a major rail system has to deal with an accident, the former NTSB general counsel said at the June 6 Closing General Session of the APTA Rail Conference in Dallas.

“You’ve got to prepare for the accident and the NTSB investigation,” said Gary Halbert, who spent five years as NTSB’s general counsel. He explained that the board rather than the rail system has priority in accident investigations.

Although the five-member NTSB has no regulatory or enforcement authority, he said, it wields influence through a highly visible bully pulpit—and its investigators are not reluctant to publicly reject local officials if they overstep the chain of command, he said. With regard to the internal workings of the investigative process, he noted: “There are things you can say and things you can’t.”

In the immediate aftermath of an accident, it’s not uncommon for 10 or so agencies to be represented in the investigative group, he explained. Usually that includes the public transit operator, lawyers, risk managers, public safety officers, and media relations staff. The main source of tension between the parties is what NTSB considers a breach of its protocol to be the lead agency.

Most problems “are related to poor communications,” Halbert said. Public transit operators are typically under extreme pressure from several directions after an accident: they are being hounded by media and local officials for answers; determining when it’s safe to resume operations; and complying with NTSB requirements to turn over paperwork that might contain confidential or damaging information. In addition, officials may have legitimate disputes over the results of internal findings.

Halbert, who is now a partner with Holland & Knight LLP in Washington, acknowledged that public transit operators are under more scrutiny than ever by NTSB investigators in the aftermath of a major accident. Distraction, fatigue, and the system’s safety culture are primary considerations, he said, adding: “The operational structure is receiving much more scrutiny from the NTSB than it did even 10 years ago.”

Halbert was introduced by Joseph J. Giuletti, co-chair, APTA Commuter & Intercity Rail Legislative Subcommittee, and executive director, South Florida Regional Transportation Authority/Tri-Rail, Pompano Beach, FL.