Rail Safety National Law Rail Safety National Law National Regulations (Queensland Fatigue Provisions) Variation Regulations 2017 (NSW)

Rail Safety National Law National Regulations

(Queensland Fatigue Provisions) Variation

Regulations 2017

under the Rail Safety National Law

Contents
Part 1—Preliminary

1             Short title

2             Commencement

3             Variation provisions

Part 2—Variation of Rail Safety National Law National Regulations 2012

4             Variation of regulation 29—Fatigue risk management program

5             Variation of Heading to Schedule 2

6             Variation of Schedule 2—Special fatigue management program requirements in respect of

certain rail safety work carried out within certain participating jurisdictions

Part 1—Preliminary
1—Short title

These regulations may be cited as the Rail Safety National Law National Regulations

(Queensland Fatigue Provisions) Variation Regulations 2017.

2—Commencement

These regulations will come into operation at the same time as the Rail Safety

National Law (Queensland) Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified

regulations varies the regulations so specified.

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Part 2—Variation of Rail Safety National Law National

Regulations 2012

4—Variation of regulation 29—Fatigue risk management program

Regulation 29(4)—delete subregulation (4) and substitute:

(4)	In addition to the requirements of the preceding subregulations, if a
rail safety worker carries out rail safety work that includes—

(a) work of a kind referred to in Schedule 2 Part 1 in connection

with railway operations in New South Wales in respect of

which a rail transport operator is required to be

accredited—the operator must comply at least with the work

scheduling practices and procedures set out in Schedule 2

Part 1, insofar as the worker is required to carry out any rail

safety work in New South Wales; or

(b) work of a kind referred to in Schedule 2 Part 2 in connection

with railway operations in Queensland in respect of which a

rail transport operator is required to be accredited—the

operator must comply at least with the work scheduling

practices and procedures set out in Schedule 2 Part 2, insofar

as the worker is required to carry out any rail safety work in

Queensland.

Note—

The requirements of Schedule 2 do not preclude other conditions of

work (such as shorter or less frequent shifts than those specified in

the Schedule) from being provided by a rail transport operator to

which this subregulation applies for the purposes of managing fatigue

related risks.

5—Variation of Heading to Schedule 2

Heading to Schedule 2—delete "New South Wales" and substitute:

certain participating jurisdictions

6—Variation of Schedule 2—Special fatigue management program

requirements in respect of certain rail safety work carried out within

certain participating jurisdictions

(1) Schedule 2—before clause 1 insert:

Part 1—New South Wales requirements

(2) Schedule 2, clause 1—delete "Schedule" and substitute:

Part

(3)	Schedule 2, clause 6—delete "Schedule" wherever occurring and substitute in each
case:

Part

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(4) Schedule 2—after clause 6 insert:

Part 2—Queensland requirements
7—Interpretation

For the purposes of this Part—

(a) the length of a shift worked or to be worked by a rail safety

worker includes all the time between the signing on time and

the signing off time of a shift; and

(b) the length of a break is all of the time between the signing

off time of a shift and the next signing on time of a shift; and

(c) suburban service, for a passenger train, means a service that

starts and ends in the SEQ area (as defined in

section 62AAA(2) of the Transport Operations (Passenger

Transport) Act 1994 of Queensland).

8—Working hours for rail safety workers driving freight trains

The following work scheduling practices and procedures apply to a

rail safety worker who drives a freight train:

(a) in the case of a 2 driver operation where the second driver is

a qualified train driver (including a qualified train driver

who is learning a route or undergoing an assessment)—the

maximum shift length to be worked is 12 hours;

(b) in the case of a 1 driver operation—the maximum shift

length to be worked is 9 hours;

(c) there is to be a break of at least 12 continuous hours between

each shift worked by the rail safety worker if the worker

ends a shift at the home depot;

(d) there is to be a break of at least 8 continuous hours between

each shift worked by the rail safety worker if the worker

ends a shift away from the home depot and the break is

taken away from the home depot;

(e) in any 14 day period—the rail safety worker may work a

maximum number of 12 shifts and, in any event, not more

than 132 hours.

9—Working hours for rail safety worker driving passenger

trains

The following work scheduling practices and procedures apply to a

rail safety worker who drives a passenger train:

(a) in the case of a passenger train in suburban service—

(i)      the maximum shift length to be worked is 9 hours

(irrespective of whether it is a 1 or 2 driver

operation); and

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(ii)     the maximum period of time during any shift that a

driver may drive the train is 8 hours;

(b) in the case of any other passenger train—

(i)      if it is a 2 driver operation where the second driver

is a qualified train driver (including a qualified train

driver who is learning a route or undergoing an

assessment)—the maximum shift length to be

worked is 12 hours; and

(ii)     if it is a 1 driver operation—the maximum shift

length to be worked is 9 hours;

(c) there is to be a break of at least 12 continuous hours between

each shift worked by the rail safety worker if the worker

ends a shift at the home depot;

(d) there is to be a break of at least 8 continuous hours between

each shift worked by the rail safety worker if the worker

ends a shift away from the home depot and the break is

taken away from the home depot;

(e) in any 14 day period—the rail safety worker may work a

maximum number of 12 shifts and, in any event, not more

than 132 hours.

10—Train drivers who are transported to home depot or rest

place

(1)	The following work scheduling practices and procedures apply to a
rail safety worker who drives a train and who travels to a home depot
or to a place provided for rest between shifts (a barracks), as a
passenger in a train or other vehicle provided by the rail transport
operator:

(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 8

and 9 (and despite clause 7)—

(i)      in respect of the length and number of shifts—the

time spent travelling to the home depot or barracks

is not to be taken to be part of the shift worked; and

(ii)     in respect of breaks between shifts—the break

between a shift commences when the worker

reaches the home depot or barracks;

(c) the rail safety worker must not undertake any rail safety

work or drive a motor vehicle after commencing to travel to

the home depot or barracks and before signing off at the

home depot or barracks.

(2)	Despite subclause (1), the rail safety 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 barracks.

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11—Emergencies and accidents

(1) The requirements of this Part do not apply in the event of—

(a)	an accident or emergency; or
(b)	any urgent circumstances approved by the Regulator; or
(c)	any other unforeseeable circumstances that make it

necessary, in the absence of any reasonably practicable

alternative, to contravene this Part to avoid a serious

dislocation of train services,

provided that 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.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified

that, in the Minister's opinion, it is necessary or appropriate that these regulations come into

operation as set out in these regulations.

Made by the Governor

on the unanimous recommendation of the responsible Ministers and with the advice and

consent of the Executive Council

on 3 May 2017

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