Document ID: chunk:federal_register_of_legislation:F2016C00700:clause:1_28:p1
Version: federal_register_of_legislation:F2016C00700
Segment Type: clause
Provision Reference: sch 1 cl 28 (pt 1/2)
Character Range: 39871–42719

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