28Safety duties of rail transport operators

28 Safety duties of rail transport operators

(1) A rail transport operator must ensure, so far as is reasonably practicable, the safety of the operator’s railway operations.

Penalty: In the case of a natural person

Penalty: In the case of a body corporate

(2) Without limiting sub‑section (1), a rail transport operator contravenes that sub‑section if the operator fails to do any of the following— (a) develop and implement, so far as is reasonably practicable, safe systems for the carrying out of the operator’s railway operations; (b) ensure, so far as is reasonably practicable, that each rail safety worker who is to perform rail safety work in relation to the operator’s railway operations— (i) is of sufficient good health and fitness to carry out that work safely; and (ii) is competent to undertake that work; (c) ensure, so far as is reasonably practicable, that rail safety workers do not carry out rail safety work in relation to the operator’s railway operations, and are not on duty, while more than the relevant concentration of alcohol is present in their blood or breath or while impaired by a drug; (d) ensure, so far as is reasonably practicable, that rail safety workers who perform rail safety work in relation to the operator’s railway operations comply with the operator’s fatigue management program in force under section 67; (e) provide, so far as is reasonably practicable, adequate facilities for the safety of persons at any railway premises under the control or management of the operator; (f) provide, so far as is reasonably practicable— (i) such information and instruction to, and training and supervision of, rail safety workers as is necessary to enable those workers to perform rail safety work in relation to the operator’s railway operations in a way that is safe; and (ii) such information to rail transport operators and other persons on railway premises under the control or management of the operator as is necessary to enable those persons to ensure their safety. (3) Without limiting sub‑section (1), a rail infrastructure manager contravenes that sub‑section if the manager fails to do any of the following— (a) ensure, so far as is reasonably practicable, that any use, installation, modification, design, construction, commissioning, maintenance or decommissioning of the manager’s rail infrastructure is done or carried out in a way that ensures, so far as is reasonably practicable, the safety of railway operations; (b) establish, so far as is reasonably practicable, such systems and procedures for the scheduling, control and monitoring of railway operations that ensure, so far as is reasonably practicable, the safety of the manager’s railway operations. (4) Without limiting sub‑section (1), a rolling stock operator contravenes that sub‑section if the rolling stock operator fails to do any of the following— (a) provide or maintain rolling stock that, so far as is reasonably practicable, is safe; (b) ensure, so far as is reasonably practicable, that any maintenance, commissioning, modification, construction, repair or cleaning of rolling stock is carried out in a way that, so far as is reasonably practicable, ensures safety; (c) comply, so far as is reasonably practicable, with such rules and procedures for the scheduling, control and monitoring of rolling stock that have been established by a rail infrastructure manager in relation to the use of the manager’s rail infrastructure by the rolling stock operator; (d) so far as is reasonably practicable, establish and maintain equipment, procedures and systems to minimise risks to the safety of the operator’s railway operations; (e) make arrangements for ensuring, so far as is reasonably practicable, safety in connection with the use, operation and maintenance of the operator’s rolling stock. (5) For the purposes of this section, the duties of a rail transport operator under this section extend to a contractor engaged by the operator, and any employees of the contractor, in relation to matters over which the operator has control or would have control if not for any agreement purporting to limit or remove that control.