RAIL SAFETY NATIONAL LAW (NSW) - SECT 52
Duties of rail transport operators
RAIL SAFETY NATIONAL LAW (NSW) - SECT 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
(c)
that systems and procedures for the scheduling, control and monitoring of
railway operations are established and maintained so as to ensure the safety
of the manager's railway operations; and
(d) that communications systems and
procedures are established and maintained so as to ensure the safety of the
manager's railway operations.
(4) Without limiting subsection (1), a rolling
stock operator must ensure, so far as is reasonably practicable--
(a) the
provision or maintenance of rolling stock that is safe; and
(b) that any
design, construction, commissioning, use, modification, maintenance, repair or
decommissioning of the operator's rolling stock is done or carried out in a
way that ensures safety; and
(c) compliance with the rules and procedures for
the scheduling, control and monitoring of rolling stock that have been
established by a rail infrastructure manager in relation to the use of the
manager's rail infrastructure by the rolling stock operator; and
(d) that
equipment, procedures and systems are established and maintained so as to
minimise risks to the safety of the operator's railway operations; and
(e)
that arrangements are made for ensuring safety in connection with the use,
operation and maintenance of the operator's rolling stock; and
(f) that
communications systems and procedures are established and maintained so as to
ensure the safety of the operator's railway operations.
(5) This section
applies to a person (other than a rail transport operator) who carries out
railway operations in the same way as it applies to a rail transport operator,
but does not apply if the person carries out those operations as a rail safety
worker or an employee.