RAIL SAFETY NATIONAL LAW (NSW) - SECT 99 Safety management system

RAIL SAFETY NATIONAL LAW (NSW) - SECT 99

99 Safety management system

(1) A rail transport operator must have a safety management system for railway operations in respect of which the operator is required to be accredited that--

(a) is in a form approved by the Regulator; and

(b) provides for systems and procedures for compliance with the risk management obligations under this Law; and

(c) identifies any risks to safety in relation to railway operations in respect of which the operator is required to be accredited; and

(d) provides for the comprehensive and systematic assessment of any identified risks; and

(e) specifies the controls (including audits, expertise, resources and staff) that are to be used by the operator to manage identified risks and to monitor safety in relation to those railway operations; and

(f) includes procedures for monitoring, reviewing and revising the adequacy of those controls; and

(g) addresses and includes any other matter prescribed by the national regulations that is relevant to the railway operations for which the rail transport operator is accredited.

: Maximum penalty--

(a) in the case of an individual--$150 000;

(b) in the case of a body corporate--$1 500 000.

(2) The safety management system for a rail transport operator must also include the following matters prepared in accordance with the requirements of this Division--

(a) measures to manage identified risks to safety for the purposes of interface agreements;

(b) a security management plan;

(c) an emergency management plan;

(d) a health and fitness management program;

(e) a drug and alcohol management program;

(f) a fatigue risk management program.

(3) Before establishing a safety management system in relation to railway operations in respect of which a rail transport operator is required to be accredited or reviewing or varying any such safety management system, the operator must, so far as is reasonably practicable--

(a) consult with--

(i) persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the operator's railway premises or with the operator's rolling stock; and

(ii) health and safety representatives (within the meaning of the occupational health and safety legislation) representing any of the persons referred to in subparagraph (i); and

(iii) any union representing any of the persons referred to in subparagraph (i); and

(iv) any other rail transport operator with whom the first mentioned operator is required to enter into an interface agreement relating to risks to safety of railway operations carried out by or on behalf of either of them; and

(v) the public, as appropriate; and

(b) provide the persons consulted with a reasonable opportunity to make submissions on the proposed safety management system; and

(c) advise those persons in a timely manner of the outcome of the consultation process.

(4) If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an agreement referred to in subsection (3)(a)(iv) with the first mentioned operator, when taken as 1 system, comply with this Law, both safety management systems are taken to comply with this Law.

(5) A safety management system must be evidenced in writing and must identify--

(a) each person responsible for preparing any part of the safety management system; and

(b) the person, or class of persons, responsible for implementing the system.