Rail Safety (General) Regulation 2008
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of rail safety workers) covered by the exemption, or when there is reasonable evidence that the operating standards are no longer valid, and obtains the approval of the ITSRR to any changes to the operating standards,(d) that the rail safety work is carried out in a way that complies with this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).