Document ID: chunk:federal_register_of_legislation:F2023C00696:body:0:p16
Version: federal_register_of_legislation:F2023C00696
Segment Type: other
Provision Reference: 
Character Range: 43250–46444

exist if no deviation from the values had occurred.

    4.09 FRMS hazard identification, risk assessment and mitigation procedures

 FRMS hazard identification procedures
       (1) FRMS hazard identification procedures must be based on the following processes for fatigue-related hazard identification:
(a) the predictive process;
(b) the proactive process;
(c) the reactive process.
       (2) The predictive process must be capable of identifying fatigue-related hazards by examining the scheduling of operational persons and taking into account the following:
(a) factors known to affect sleep;
(b) factors known to affect fatigue;
(c) the effects of the factors mentioned in paragraphs (a) and (b) on an operational person's performance.
       (3) The proactive process must be capable of identifying fatigue-related hazards within current operations.
       (4) The reactive process must be capable of identifying the contribution of fatigue‑related hazards to actual events that could have affected, or did affect, safety, with a view to determining how the effects of fatigue on each event could have been minimised.

 FRMS risk assessment procedures
       (5) FRMS risk assessment procedures must be capable of determining the following:
(a) the probability of events occurring or circumstances arising that create a fatigue-related hazard;
(b) the potential severity of fatigue-related hazards;
(c) when the safety risks associated with paragraph (a) or (b) require mitigation.
       (6) For the purposes of subsection (5), the FRMS risk assessment procedures must ensure that identified fatigue-related hazards are examined in relation to the following:
(a) the relevant operational context and procedures in which the identified fatigue-related hazard arose;
(b) the probability of the fatigue-related hazard arising in those circumstances;
(c) the possible consequences of the fatigue-related hazard in those circumstances;
(d) the effectiveness of existing safety procedures and controls.

 FRMS risk mitigation procedures
       (7) FRMS risk mitigation procedures for each fatigue-related hazard must be capable of:
(a) selecting appropriate mitigation strategies for the hazard; and
(b) implementing the selected mitigation strategies; and
(c) monitoring the implementation and effectiveness of the strategies.

    4.10 FRMS safety assurance procedures
       (1) FRMS safety assurance procedures must provide for:
(a) continuous monitoring of the performance of the FRMS; and
(b) the analysis of fatigue-related trends; and
(c) measurements to validate the effectiveness of mitigation strategies.
       (2) FRMS safety assurance procedures must include a formal process for managing changes to the FRMS arising from:
(a) the identification of changes in the operational environment that may affect the management of fatigue risks; and
(b) the identification of changes within the ATS provider's organisation that may affect the management of fatigue risks.
       (3) The FRMS safety assurance procedures must include a formal process to assess:
(a) what impact a change mentioned in paragraph (2)(a) or (b) may have on the effective performance of the FRMS; and
(b) for