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Contents (2008 - 610)
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Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 April 2017 at 18:42)
Part 2
Part 2 Safety management
Division 1 Safety management systems generally
4   General requirements for safety management systems
(1)  A safety management system of a rail transport operator must:
(a)  include or provide for all of the matters listed in Schedule 1 that are relevant to the railway operations for which the operator is accredited, or seeking to be accredited, and
(b)  provide a level of detail with respect to each of these matters that is appropriate, having regard to the scope and nature of those operations and any risks to safety identified as arising or that may arise from the carrying out of the railway operations, and
(c)  provide for the risk management principles set out in subclauses (2) and (3).
(2)  If the elimination of a risk to safety is not reasonably practicable, a safety management system must provide for the following measures to be taken:
(a)  firstly, substituting the hazard giving rise to the risk with a hazard that gives rise to a lesser risk,
(b)  secondly, isolating the hazard from the person put at risk,
(c)  thirdly, minimising the risk by engineering means,
(d)  fourthly, minimising the risk by administrative means (for example, by adopting safe working practices or providing appropriate training, instruction or information),
(e)  fifthly, using personal protection.
(3)  A safety management system must provide that a combination of the above measures is required to be taken to minimise the risk to the lowest level reasonably practicable if no single measure is sufficient for that purpose.
Division 2 Security management plan
5   Security management plan
For the purposes of section 16 (1) (b) of the Act, a security management plan must contain the following:
(a)  a list of the risks arising from the matters specified in section 16 (1) (a) of the Act,
(b)  a description of the protective and response measures to be used to manage the matters specified in section 16 (1) (a) of the Act, including a description of the policies, procedures, equipment and other physical resources that are proposed to be used for those measures and of any training to be provided relating to those measures,
(c)  if the rail transport operator shares a location such as a modal interchange or a port with one or more other transport operators, a description of arrangements made with those other transport operators in relation to protective and response measures to be used to manage any security incident,
(d)  procedures for the recording, reporting and analysis of security incidents,
(e)  provision for the allocation of security roles and responsibilities to appropriate people,
(f)  provision for liaison with emergency services, and other transport operators who may be affected by the implementation of the plan, to share information and carry out joint operations,
(g)  provision for the evaluation, testing and, if necessary, the revision of measures and procedures.
Division 3 Emergency management plans
6   Emergency services
For the purposes of section 17 (4) of the Act, the following bodies are prescribed as emergency services:
(a)  NSW Police Force,
(b)  New South Wales Fire Brigades.
7   Consultation about emergency management plan
(1)  When preparing the emergency management plan for its railway operations, a rail transport operator must consult with the emergency services and the following persons:
(a)  any other transport operators who may be affected by the implementation of an emergency management plan for its railway operations,
(b)  any government agencies with emergency management functions with respect to the area to which the plan relates,
(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.
(2)  The ITSRR may exempt a rail transport operator from the obligation to consult with any particular person or body under this clause.
Note.
 Rail transport operators also have obligations to consult about safety management systems under section 12 (3) of the Act.
8   Matters to be included in emergency management plans
An emergency management plan prepared under section 17 of the Act must include the following:
(a)  the types and classes of emergencies that are foreseeable in relation to the rail transport operator’s railway operations,
(b)  the consequences of each type or class of emergency, including an estimate of the likely magnitude and severity of the effects of each type or class,
(c)  the risks to safety arising from those emergencies,
(d)  measures to mitigate the effects of those emergencies,
(e)  initial response procedures for dealing with those emergencies and the provision of rescue services,
(f)  recovery procedures for the restoration of railway operations if an emergency occurs and for the assistance of people affected by the occurrence of an emergency,
(g)  the allocation of emergency management roles and responsibilities within the rail transport operator’s organisation, and between the operator and other organisations,
(h)  call-out procedures,
(i)  the allocation of personnel for the on-site management of an emergency,
(j)  procedures for liaison with emergency services, including when emergency services should be immediately contacted,
(k)  procedures to ensure that emergency services are provided with all information that is reasonably required to enable them to respond effectively to an emergency,
(l)  procedures for effective communications and co-operation throughout an emergency response,
(m)  procedures for ensuring site security and the preservation of evidence.
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.
Division 4 Health and fitness management program
10   Health and fitness management program
(1)  The health and fitness management program of a rail transport operator must comply with Volumes 1 and 2 of the National Standard for Health Assessment of Rail Safety Workers, published by the National Transport Commission, as in force from time to time.
(2)  Any action taken by a rail transport operator in accordance with the standard referred to in subclause (1) before the commencement of this clause is taken to have been carried out for the purposes of this clause.
Division 5 Fatigue management
11   Matters to be considered in preparing fatigue management program
When preparing the fatigue management program for its railway operations, or changes to the fatigue management program, a rail transport operator must take into account, and assess, any fatigue-related risks to safety arising from the following:
(a)  the impact on rail safety workers of the scheduling of shift and rest periods,
(b)  without limiting paragraph (a), the impact of work scheduling and relief practices generally on social and psychological factors that may impact on performance and safety,
(c)  the kinds of rail safety work being carried out,
(d)  physiological factors arising out of work practices affecting rail safety workers, such as the effect on worker alertness and recovery of the time when work is undertaken and the length and frequency of breaks,
(e)  the need for education and training of rail safety workers to identify and manage fatigue,
(f)  the kind of rest environments that are to be provided by the operator for rail safety workers,
(g)  the physical environment in which rail safety work is to be carried out,
(h)  any special circumstances in which rail safety work may be required to be carried out, including in emergencies or under degraded and abnormal conditions,
(i)  the variations in shifts and rest periods that may be required by different rail safety work requirements, including different routes,
(j)  relevant developments in research related to fatigue and any technology that may be applied to manage work-related fatigue.
12   Fatigue management program
(1)  The fatigue management program for rail safety workers of a rail transport operator must:
(a)  provide for safe hours of work, and
(b)  provide for safe periods of time between shifts, and
(c)  specify work scheduling practices that provide for sufficient rail safety workers to be available to meet reasonably foreseeable demands for relief arrangements, and
(d)  reflect the scope of the rail transport operations of the operator and address the operating conditions in which all of the railway operations of the operator occur, and
(e)  require the operator to keep under review relevant developments in research related to fatigue and any technology that may be applied to manage work-related fatigue, and
(f)  require the operator to keep under review the appropriate balance between the commercial and operational needs of the operator and the duties of the operator under the Act.
(2)  A fatigue management program must not contain provisions that are inconsistent with Schedule 2 to the Act, except to the extent that the rail transport operator is exempt from the provisions concerned.
(3)  For the purposes of this clause, hours of work or periods of time between shifts are taken to be safe if the effect of implementing those hours or periods is sufficient to eliminate, manage or control risks to safety arising from fatigue.
Note.
 Rail transport operators also have obligations to consult about safety management systems under section 12 (3) of the Act.
13   Fatigue management program to include monitoring of hours of work
A rail transport operator must also include in its fatigue management program:
(a)  procedures for monitoring how actual hours of work of rail safety workers compare with the conditions of work for rail safety workers, and
(b)  procedures for monitoring the impact of changes to planned rosters due to shift swapping, overtime and on-call working, and
(c)  quantitative measures for assessing the effectiveness of the operator’s fatigue management program.
14   Alternative provisions for fatigue management
(1)  The ITSRR may, on application by a rail transport operator, exempt the operator from the requirements of section 20 (2) of the Act.
(2)  An exemption under this clause is subject to the following conditions:
(a)  that the rail transport operator carries out the following risk assessment and control measures to the satisfaction of the ITSRR:
(i)  the operator identifies and assesses the major fatigue-related safety risks associated with the operations for which the exemption is sought, including any risks associated with any proposed operating standards,
(ii)  the operator identifies and implements adequate controls to manage the risks, including operating standards to replace the requirements contained in Schedule 2 to the Act,
(iii)  the operator specifies the evidence used to develop the operating standards,
(iv)  the operator consults with those of its rail safety workers who are affected by the exemption in relation to the proposed operating standards,
(b)  that the operator implements a system to monitor and report on the operation of the controls to manage the risks, being a system that is capable of monitoring actual hours worked against the operating standards, and the operator audits the operation of that system,
(c)  that the operator reviews the operating standards when required by any incident or change in the nature of work (including patterns of work and duties of rail safety workers) covered by the exemption, or when there is reasonable evidence that the operating standards are no longer valid, and obtains the approval of the ITSRR to any changes to the operating standards,
(d)  that the rail safety work is carried out in a way that complies with this Regulation,
(e)  that the rail safety work is carried out in accordance with any applicable industrial or other agreement or award relating to the employment of the rail safety workers who carry out the work,
(f)  that the operator complies with any requirements made by the ITSRR to provide information as to compliance with the conditions specified in this subclause,
(g)  that the operator complies with any requirements made by the ITSRR with respect to operations covered by the exemption,
(h)  any limitation on the period of the exemption imposed by the ITSRR in respect of a particular rail transport operator or class of rail transport operators.
(3)  An application for an exemption under this clause is to be made in writing in the form approved by the ITSRR.
(4)  The ITSRR may cancel an exemption under this clause in respect of a rail transport operator or a class of rail transport operators or an exemption referred to in subclause (5).
(5)  An exemption that was in force under clause 52 of the Rail Safety (General) Regulation 2003 immediately before the repeal of that clause continues in force.
(6)  A rail transport operator whose exemption under clause 52 of the Rail Safety (General) Regulation 2003 was, immediately before the repeal of that clause, subject to a limitation of a kind specified under clause 52 (1) (h) of that Regulation is taken to be subject to the same limitation under subclause (2) (h).
Division 6 Competence and training of rail safety workers
15   Records of competence
For the purposes of section 21 (5) of the Act, the records of competence of rail safety workers that must be maintained by a rail transport operator must include the following particulars:
(a)  the rail safety training undertaken by each rail safety worker, including when, and for how long, the training was undertaken,
(b)  the qualifications of each rail safety worker, including (if applicable):
(i)  the units of competence undertaken to achieve the qualification, and
(ii)  the level of qualification attained, and
(iii)  if, and when, a re-assessment of competence is to be conducted, and
(iv)  if, and when, any re-training is due and was undertaken,
(c)  the name of any organisation conducting training or re-training,
(d)  the name and qualifications of any person who assessed the competence of the worker.
Division 7 Review of safety management systems
16   Review of safety management system
(1)  A rail transport operator must comply with this clause in conducting a review of the operator’s safety management system.
(2)  In consulting on a review, a rail transport operator must ensure that the persons consulted are asked for their opinion on whether, and if so, how, the safety management system can be improved.
(3)  In conducting a review, a rail transport operator must ensure the following:
(a)  that the effectiveness of the safety management system is assessed (including an examination of the operator’s records in relation to notifiable occurrences and breaches of the system),
(b)  that the effectiveness of any revisions that were made as a result of the last review are assessed,
(c)  that any recommendations or issues arising out of any audits or safety investigations that have occurred since the last review are taken into account,
(d)  that any issues arising from any prohibition or improvement notices that have been issued in relation to the railway operations of the operator since the last review are taken into account,
(e)  that any deficiencies in the system are identified,
(f)  that methods of remedying any deficiencies are designed and assessed,
(g)  that opinions offered as a result of consultation on the review are assessed,
(h)  that any other suggestions for improving the system that arise during the course of the review are assessed,
(i)  if any deficiencies or practicable improvements are identified, that a plan is created to remedy those deficiencies, or to effect those improvements (as the case may be).
(4)  The outcomes of the review must be summarised and reported in the safety performance report required by section 15 of the Act.
Division 8 Safety performance reports
17   Additional matters to be included in safety performance reports
For the purposes of section 15 (1) (c) (iv) of the Act, the following information must be included by a rail transport operator in a safety performance report:
(a)  details of the operation of the operator’s drug and alcohol management program,
(b)  information about compliance with the requirements of the Act and this Regulation relating to the operator’s fatigue management measures and the operator’s fatigue management program,
(c)  if the operator is exempt from the requirements of Schedule 2 to the Act, details of monitoring procedures, and the results of monitoring, relating to the operator’s fatigue management measures and details of any review of those measures,
(d)  if the operator is exempt from the requirements of Schedule 2 to the Act, details of fatigue management performance reported in relation to any conditions and milestones agreed with the ITSRR.
Division 9 Private sidings
18   Maintenance and operational conditions for private sidings
(1)  For the purposes of section 60 (2) (b) of the Act, the following conditions with respect to the maintenance and operation of a private siding are imposed:
(a)  the rail infrastructure manager must have systems and procedures for compliance with section 8 of the Act,
(b)  the rail infrastructure manager must keep and maintain a risk register that includes the following things, at a level of detail that is appropriate having regard to the scope, nature and risks to safety of the operation of the private siding and to the operator’s duties under section 8 of the Act:
(i)  a list of the risks to safety arising from the maintenance and operation of the private siding,
(ii)  details of the assessment of those risks (including their likelihood, likely consequences and ranking),
(iii)  a description of any elimination or risk control measures that are to be used to manage, so far as is reasonably practicable, those risks, including, where appropriate, the identification of the person responsible for implementing the measures,
(c)  the rail infrastructure manager must ensure that it has systems and procedures to ensure that the details in the risk register are current, so far as is reasonably practicable,
(d)  the rail infrastructure manager must have a document that sets out how rail infrastructure within the private siding is to be maintained by the rail infrastructure owner,
(e)  the rail infrastructure manager must provide to the ITSRR, on or before 31 March in each year, an activity statement containing the following matters:
(i)  a declaration that the manager is not required to be accredited under the Act,
(ii)  particulars of any notifiable occurrences that have occurred in the preceding 12 months in relation to the siding,
(iii)  particulars of maintenance carried out on the siding in the preceding 12 months,
(iv)  particulars of activities involving the operation of rolling stock carried out on the siding in the preceding 12 months,
(v)  particulars of any significant changes in the railway operations carried out on the siding in the preceding 12 months.
(2)  For the purposes of section 60 (4) of the Act, the prescribed fee for registration of a private siding is an annual fee of $150, which must be paid on or before 31 March in each year the siding is registered.