Canadian railways are seeking changes that would allow the use of recording devices in locomotive cabs. These devices would reduce risk, enhance safety and assist with accident investigation – a view shared by Canadian and US safety investigators. This technology would have an immediate effect on enhancing a culture of safety and accountability. In short, this technology will save lives.In 2008, a head-on collision between a California commuter train and a freight train resulted in 25 deaths and over 100 serious injuries. The National Transportation Safety Board (NTSB) identified distraction on the part of the commuter train engineer as the probable cause of this tragedy and later called for the installation of audio and video recordings as a deterrent.The December 1, 2013 derailment of a Metro-North passenger train in Bronx, New York, left 4 people dead and 63 injured. Based on information learned during the investigation, the NTSB called for the use audio and image recorders.In setting out its 2012 Watchlist of the critical transportation safety issues facing Canadians, the Transportation Safety Board (TSB) states in part:“Video and voice recordings would allow the (TSB) investigators to confirm the nature of crew communications and the dynamics of crew actions and interactions.”It makes sense for the TSB to want this information for their investigations. But should we not make full use of the same systems to help prevent accidents in the first place?Canadian railways propose to use in-cab recording technology as part of their Safety Management System (SMS) audit process. (Locomotive Cab Digital Recording (LCDR) may be video or audio only, or video plus audio). Use of LCDR for safety purposes will require legislative action, as Section 28 of the Canadian Transportation Accident Investigation and Safety Board Act currently states that such recordings are considered privileged, and may only be used for investigative purposes, after an accident has occurred.Indeed the TSB itself has suggested that safety could be enhanced by considering such a legislative change. In their report into the deadly derailment of VIA Train #92 near Aldershot Ontario, the TSB stated in part:“Identifying human factors is critical to understanding why accidents happen. When companies cannot use voice and video recordings proactively in a non-punitive SMS, they are deprived of opportunities to reduce risk and improve safety before an accident occurs. This situation may well argue for a reconsideration of the statutory provisions.”So why are we not proceeding? The most contentious issue seems to be how railways would use the information; the employees' right to privacy and whether the information captured could be used for disciplinary purposes.As with any untried tool, the final procedures for the use of LCDR information in Canada have yet to be written. But the industry believes that certain fundamental principles should apply.First, access to the information must be tightly controlled and only used within strict guidelines. Local operations officers would not have direct access to this information.Second, when required by the TSB, a Regulatory Agency such as Transport Canada conducting an investigation or a law enforcement agency, the LCDR information would be subject to strict chain of custody requirements.Third, the hard disks currently available for use with these systems are over-written in about a week. Absent an incident or audit, the LCDR information would be thus disposed of within a short timeframe.Fourth, the review of LCDR information would necessarily be limited. It would be focused on a risk basis, and on an incident or trend basis. One example would be to focus on areas where both freight and passenger trains operate at high speed. Another would be to review any time an emergency brake application is made, or where a signal is missed. Some random audits may prove to add safety. The idea is to use this technology in concert with other systems to add yet another layer of safety to railway operations.According to the NTSB, these systems would increase compliance and reduce tendencies toward distractions, such as mobile phone use. Practically speaking, the use of LCDR's is no more invasive than having a railway supervisor ride the train, listen to radio communication or review videotapes of yard operations.Currently, on-board recordings are privileged and can only be used for post occurrence investigations by the Transportation Safety Board of Canada. Therefore, legislative change is required in order for railways to be able to use this technology to prevent accidents and increase safety: be it on commuter, passenger or freight railways.What this all boils down to is whether a perceived reduction in employee privacy should take precedence over public safety. These employees carry enormous responsibility in safety critical positions. When the safety of many is in the hands of a very few, Canada's Railways take the view that safety comes first.Michael Bourque is president and CEO of the Railway Association of Canada.