(1) A rail transport operator must have, and must implement, a health and fitness program for rail safety workers who carry out rail safety work for the operator that complies, so far as is reasonably practicable, with the health assessment national standard.
Penalty: 10 penalty units.
(2) If, as part of a health and fitness program referred to in subregulation (1), a rail transport operator conducts a health assessment of a rail safety worker, the rail transport operator must pay for that assessment.
Penalty: 10 penalty units.
(3) Subregulation (2) does not apply if the rail transport operator agrees with a rail safety worker who is a volunteer that the health assessments conducted of the worker may be conducted wholly or partly at the expense of a person other than the operator.
Division 2—Competence