New South Wales Consolidated Regulations

RAIL SAFETY (GENERAL) REGULATION 2008 - REG 9

9 Keeping, maintaining and testing emergency management plans

(1) A rail transport operator must ensure, so far as is reasonably practicable, that all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the operator’s emergency management plan:

(a) are provided with information about any applicable parts of the plan, and

(b) are able to do anything that may be required of them under the plan.

(2) A rail transport operator must test the operator’s emergency management plan, or parts of the plan, to ensure the plan remains effective:

(a) at intervals set out in the plan, and

(b) after any significant changes are made to the plan.

(3) The intervals for testing a plan are to be determined by the rail transport operator in conjunction with the emergency services, if it is reasonably practicable to do so.

(4) A rail transport operator must, so far as is reasonably practicable, arrange for the participation by relevant emergency services in the testing of an emergency management plan or parts of an emergency management plan.

(5) A rail transport operator must ensure that in-house exercises to test the operator’s emergency management plan are undertaken as often as is necessary, in the opinion of the operator, to ensure that the plan will be properly implemented should an emergency arise.

(6) A rail transport operator must ensure that the operator’s emergency management plan is readily accessible at all times, in a comprehensible form, to the following:

(a) all employees of the operator, and all contractors of the operator, who may be required to implement any emergency response procedures in the plan,

(b) all other rail transport operators who may be affected by the implementation of an emergency management plan for its railway operations,

(c) any of the following, if they may be required to assist in implementing the plan:

(i) an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunications or other like services under the authority of an Act of this State or the Commonwealth,

(ii) any person who, under the authority of an Act of this State, is permitted to own or use a pipeline, or is licensed to construct or operate a pipeline,

(d) the emergency services.