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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 April 2017 at 20:38)
Schedule 2
Schedule 2 Fatigue management
(Section 20 (2))
1   Interpretation
(1)  For the purposes of this Schedule, the length of a shift worked or to be worked by a rail safety worker includes all time between the signing on time and the signing off time of a shift.
(2)  For the purposes of this Schedule, a shift that exceeds 11 hours but is less than 12 hours is taken to be a 12 hour shift.
2   Working hours for rail safety workers driving freight trains
The following conditions of work apply to rail safety workers who drive freight trains:
(a)  In the case of a 2 person operation (where the second person is a qualified train driver, including a qualified train driver who is learning the route or undergoing an assessment), the maximum shift length to be worked is 12 hours.
(b)  In the case of any other 2 person operation, the maximum shift length to be worked is 11 hours.
(c)  In the case of a one person operation, the maximum shift length to be worked is 9 hours.
(d)  In the case of a one person operation, there is to be a minimum break of not less than 30 minutes taken at some time between the third and fifth hour of each shift.
(e)  There is to be a break of at least 11 continuous hours between each shift worked by a rail safety worker where the worker ends a shift at the home depot.
(f)  There is to be a break of at least 7 continuous hours between each shift worked by a rail safety worker where the worker ends a shift away from the home depot and the break is taken away from the home depot.
(g)  A maximum number of 12 shifts is to be worked in any 14-day period but a maximum number of 6 shifts of 12 hours is to be worked in any 14-day period.
3   Working hours for rail safety workers driving single manning passenger trains
(1)  The following conditions of work apply to rail safety workers who drive passenger trains in a one person operation:
(a)  The maximum shift length to be worked is 10 hours for the driver of an interurban or long distance passenger train or 9 hours for the driver of a suburban train.
(b)  There is to be a break of at least 11 continuous hours between each shift worked by a rail safety worker where the worker ends a shift at the home depot.
(c)  There is to be a break of at least 7 continuous hours between each shift worked by a rail safety worker where the worker ends a shift away from the home depot and the break is taken away from the home depot.
(d)  A maximum number of 12 shifts is to be worked in any 14-day period.
(2)  The conditions of work set out in clause 2 (a), (b) and (e)–(g) apply to rail safety workers who drive passenger trains in a 2 person operation.
4   Train drivers who are transported to home depot or rest place
(1)  This clause applies to rail safety workers who drive trains and who travel to a home depot, or to a place provided for rest between shifts (a barracks), as passengers in a train or other vehicle provided by the rail transport operator.
(2)  The following rules apply in relation to any such worker:
(a)  the period between signing on for a shift and reaching the home depot or barracks must not exceed 16 hours,
(b)  for the purposes of applying the requirements of clauses 2 and 3 in relation to length and number of shifts (and despite clause 1), time spent travelling to the home depot or barracks is not taken to be part of the shift worked,
(c)  for the purposes of applying the requirements of clauses 2 and 3 in relation to breaks between shifts, the break between shifts commences when the worker reaches the home depot or barracks,
(d)  any such worker must not undertake any rail safety work or drive any motor vehicle after commencing to travel to the home depot or barracks and before signing off at the home depot or barracks.
(3)  Despite subclause (2), any such worker is for any other purpose taken to have been rostered on for a shift ending when the worker signs off at the home depot or the barracks.
5   Emergencies and accidents
(1)  The requirements of this Schedule do not apply in the event of:
(a)  an accident or emergency, or
(b)  any urgent circumstances approved by the ITSRR, or
(c)  any other unforeseeable circumstances, that make it necessary to contravene this Schedule to avoid a serious dislocation of train services if there is no reasonably practicable alternative,
if the driver or drivers concerned indicate their fitness to work the extended hours.
(2)  In this clause:
emergency means an emergency arising out of an actual or imminent event, such as fire, flood, storm, earthquake or explosion, that:
(a)  endangers, or may endanger, the safety of persons, or
(b)  destroys or damages, or may destroy or damage, property.
6   Requirements of Schedule minimum standards
The requirements of this Schedule are minimum standards and do not preclude other conditions of work, such as shorter or less frequent shifts than those specified by this Schedule, from being provided.
7   Relationship with State industrial instruments
Except as provided by the regulations, this Schedule prevails over any inconsistent State industrial instrument (whether made before or after the commencement of this clause) to the extent that this Schedule provides for shorter hours of work or additional or longer breaks from work than are provided for by the State industrial instrument.
8   Regulations
The regulations may amend this Schedule (other than this clause) for or with respect to the following matters:
(a)  modifying conditions of work set out in this Schedule,
(b)  prescribing other conditions of work for rail safety workers for the purposes of fatigue management or regulating safe hours of work and periods between work.