57Safety management system

57 Safety management system

(1) A rail transport operator must have a safety management system for railway operations carried out on or in relation to the rail transport operator’s rail infrastructure or rolling stock that— (a) is in a form approved by the Rail Safety Regulator; and (b) complies with the relevant prescribed requirements and the prescribed risk management principles, methods and procedures; and (c) identifies and assesses any risks to safety that have arisen or may arise from the carrying out of railway operations on or in relation to the rail transport operator’s rail infrastructure or rolling stock; and (d) specifies the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks to safety and to monitor safety in relation to those railway operations; and (e) includes procedures for monitoring, reviewing and revising the adequacy of those controls; and (f) includes— (i) interface co‑ordination plans (if any) in accordance with section 61; and (ii) a security management plan in accordance with section 62; and (iii) an emergency plan in accordance with section 63; and (iv) a health and fitness management program in accordance with section 64; and (v) an alcohol and drug management program in accordance with section 65; and (vi) a fatigue management program in accordance with section 67.

Penalty: In the case of a natural person:

Penalty: In the case of a body corporate:

(2) A rail transport operator, before establishing a safety management system in relation to railway operations or reviewing or varying any such safety management system, must consult, so far as is reasonably practicable, with— (a) persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the rail transport operator’s railway premises or with the rail transport operator’s rolling stock; and (b) health and safety representatives within the meaning of the occupational health and safety legislation representing any of the persons referred to in paragraph (a); and (c) any union representing any of the persons referred to in paragraph (a); and (d) any other rail transport operator with whom the first‑mentioned operator has an interface co‑ordination plan under section 61 relating to risks to safety of railway operations carried out by or on behalf of either of them; and (e) the public, as appropriate.

Note: Local variations for consistency in accordance with OHS legislation.

(3) If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has a plan referred to in sub‑section (2)(d) with the first mentioned rail transport operator, when taken as one system, comply with this Act, both safety management systems are taken to comply with this Act. (4) A safety management system must be evidenced in writing and— (a) must identify each person responsible for preparing any part of the safety management system; and (b) must identify the person, or class of persons, responsible for implementing the system.