52Duties of rail transport operators

52 Duties of rail transport operators

52 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.

(2) Without limiting subsection (1), a rail transport operator must ensure, so far as is reasonably practicable—

(a) that safe systems for the carrying out of the operator’s railway operations are developed and implemented; and

(b) 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; and

(c) 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 impaired by alcohol or a drug; and

(d) that rail safety workers who perform rail safety work in relation to the operator’s railway operations do not carry out rail safety work while impaired by fatigue or if they may become so impaired; and

(e) the provision of adequate facilities for the safety of persons at any railway premises under the control or management of the operator; and

(f) the provision of—

(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 subsection (1), a rail infrastructure manager must ensure, so far as is reasonably practicable—

(a) the provision or maintenance of rail infrastructure that is safe; and

(b) that any design, construction, commissioning, use, installation, modification, maintenance, repair or decommissioning of the manager’s rail infrastructure is done or carried out in a way that ensures the safety of railway operations; and