Rail contractor safety duties

Rail contractors must comply with the safety duties imposed under the Rail Safety (Local Operations) Act 2006

Definition of a rail contractor

A rail contractor is a person who:

  • Designs, commissions, manufactures, supplies, installs, erects, maintains, repairs, modifies or decommissions anything that may be used as rail infrastructure or rolling stock
  • Is engaged directly or indirectly by a rail transport operator to supply rail infrastructure operations or rolling stock operations to that rail transport operator and includes a sub-contractor.

Safety duties of a rail contractor

The specific duties of a rail contractor are to:

  • Ensure, so far as is reasonably practicable, that
    • anything a rail contractor designs, commission, constructs, manufactures, supplies, installs, erects, maintains, repairs, or modifies is safe to use
    • the thing is decommissioned safely.
  • Carry out or arrange any necessary testing and examination.
  • Provide adequate information on:
    • the use of the thing
    • the results of any testing or examination undertaken
    • any conditions necessary to keep the thing safe.
  • Supply, so far as is reasonably practicable, safe railway operations to a rail transport operator
  • Provide or maintain safe systems of work, so far as is reasonably practicable
  • Supply railway operations in accordance with the safety management system
  • Provide, so far as is reasonably practicable, information, instruction, training or supervision to rail safety workers to perform their rail safety work in a way that is safe
  • Provide, so far as is reasonably practicable, information, instruction, training or supervision to other persons necessary to ensure their safety.