Rail Safety (General) Regulation 2008
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).