56Duties of rail safety workers

56 Duties of rail safety workers

56 Duties of rail safety workers

(1) A rail safety worker must, when carrying out rail safety work—

(a) take reasonable care for his or her own safety; and

(b) take reasonable care that his or her acts or omissions do not adversely affect the safety of other persons; and

(c) comply, so far as the worker is reasonably able, with any reasonable instruction given by the rail transport operator to allow the operator to comply with this Law.

(2) A rail safety worker must not, when carrying out rail safety work, intentionally or recklessly interfere with or misuse anything provided to the worker by the rail transport operator—

(a) in the interests of safety; or

(b) under this Law.

(3) A rail safety worker must not, when carrying out rail safety work, wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

(4) For the purposes of subsection (1)(a) or (b), in determining whether a rail safety worker failed to take reasonable care, regard must be had as to what the worker knew about the relevant circumstances.