Western Australian Numbered Acts Western Australian Numbered Acts (1) A rail transport
operator must have a safety management system for railway operations, other
than railway operations in respect of which the operator is not required to be
accredited, carried out on or in relation to the rail transport
operator’s rail infrastructure or rolling stock that —
(a) is
in a form approved by the Rail Safety Regulator; and
(b)
complies with the relevant prescribed requirements and the prescribed risk
management principles, methods and procedures; and
(c)
identifies and assesses any risks to safety that have arisen or may arise from
the carrying out of railway operations on or in relation to the rail transport
operator’s rail infrastructure or rolling stock; and
(d)
specifies the controls, including audits, expertise, resources and staff, that
are to be used by the rail transport operator to manage risks to safety and to
monitor safety in relation to those railway operations; and
(e)
includes procedures for monitoring, reviewing and revising the adequacy of
those controls; and
(f)
includes —
(i)
measures to manage risks to safety identified under
section 63, 64 or 65; and
(ii)
a security management plan in accordance with
section 71; and
(iii)
an emergency management plan in accordance with
section 72; and
(iv)
a health and fitness management programme in accordance
with section 73; and
(v)
an alcohol and drug management programme in accordance
with section 74; and
(vi)
a fatigue management programme in accordance with
section 76.
Penalty:
(a) for
an individual —
(i)
for a first offence, a fine of $55 000;
(ii)
for a second or subsequent offence, a fine of
$82 000;
(b) for
a body corporate —
(i)
for a first offence, a fine of $550 000;
(ii)
for a second or subsequent offence, a fine of
$820 000.
(2) A rail transport
operator, before establishing a safety management system in relation to
railway operations in respect of which the operator is required to be
accredited or reviewing or varying any such safety management system, must
consult, so far as is reasonably practicable, with —
(a)
persons likely to be affected by the safety management system or its review or
variation, being persons who carry out those railway operations or work on or
at the rail transport operator’s railway premises or with the rail
transport operator’s rolling stock; and
(b) a
safety and health representative as defined in the Occupational Safety and
Health Act 1984 section 3(1) representing any of the persons
referred to in paragraph (a); and
(c) any
union representing any of the persons referred to in paragraph (a); and
(d) any
other rail transport operator with whom the first mentioned operator has an
interface agreement under section 63 relating to risks to safety of
railway operations carried out by or on behalf of either of them; and
(e) the
public, as appropriate.
(3) If the safety
management system of a rail transport operator and the safety management
system of another rail transport operator who has an agreement referred to in
subsection (2)(d) with the first mentioned rail transport operator, when
taken as one system, comply with this Act, both safety management systems are
taken to comply with this Act.
(4) A safety
management system must be evidenced in writing and —
(a) must
identify each person responsible for preparing any part of the safety
management system; and
(b) must
identify the person, or class of persons, responsible for implementing the
system.