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Transport Legislation Amendment (Rail Safety Local Operations and ...

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New section 20(2) provides that without limiting subsection (1),<br />

a rail transport operator must ensure, so far as is reasonably<br />

practicable—<br />

<br />

<br />

that safe systems for the carrying out of the operator's<br />

railway operations are developed <strong>and</strong> implemented; <strong>and</strong><br />

that each rail safety worker who is to perform rail safety<br />

work in relation to the operator's railway operations—<br />

<br />

<br />

is of sufficient good health <strong>and</strong> fitness to carry<br />

out that work safely; <strong>and</strong><br />

is competent to undertake that work; <strong>and</strong><br />

<br />

<br />

<br />

<br />

that rail safety workers do not carry out rail safety work<br />

in relation to the operator's rail operations <strong>and</strong> are not on<br />

duty while impaired by alcohol or a drug; <strong>and</strong><br />

that rail safety workers who perform rail safety work is<br />

relation to the operator's railway operations do not carry<br />

out rail safety work while impaired by fatigue or if they<br />

may become so impaired; <strong>and</strong><br />

the provision of adequate facilities for the safety of<br />

persons at railway premises under the operator's control<br />

or management; <strong>and</strong><br />

the provision of—<br />

<br />

such information <strong>and</strong> instruction to, <strong>and</strong> training<br />

<strong>and</strong> supervision of, rail safety workers as is<br />

necessary to enable those workers to perform rail<br />

safety work in relation to the operator's railway<br />

operations in a way that is safe; <strong>and</strong><br />

<br />

such information to rail transport operators <strong>and</strong><br />

other persons on railway premises under the<br />

control or management of the persons to ensure<br />

their safety.<br />

New section 20(3) provides that without limiting subsection (1),<br />

a rail infrastructure manager must ensure, so far as is reasonably<br />

practicable—<br />

<br />

the provision or maintenance of rail infrastructure that is<br />

safe; <strong>and</strong><br />

12

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