Rail Safety (General) Regulation 2008
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.