Western Australian Repealed Regulations

This legislation has been repealed.

RAIL SAFETY REGULATIONS 1999 - REG 4

4 .         Notifiable occurrences

        (1)         For the purpose of the definition of notifiable occurrence in section 3(1) of the Act, an occurrence listed in Schedule 1 is prescribed as a notifiable occurrence.

        (2)         Immediately after a notifiable occurrence set out in Part 1 of Schedule 1 ( Category A notifiable occurrences ) has happened, the accredited person who is to report the occurrence under section 38 of the Act is to notify the Director General of the occurrence.

        (3)         For the purpose of section 38(1) of the Act —

            (a)         a person who gives notice of an occurrence to the Director General under subregulation (2) is to report in writing on the occurrence to the Director General within 72 hours of it happening; and

            (b)         if a notifiable occurrence set out in Part 2 of Schedule 1 ( Category B notifiable occurrences ) has happened, the accredited person who is to report the occurrence under section 38 of the Act is to report in writing on the occurrence to the Director General within 72 hours of it happening.

        (4)         A report on a notifiable occurrence referred to in item 21 of Part 2 of Schedule 1 must include the following information —

            (a)         the name of the railway employee and a description of the work being carried out by the railway employee at the time of the occurrence;

            (b)         the date and time when, and the place where, the railway employee was found to have the relevant concentration of alcohol in his or her blood, or to be under the detrimental influence of a drug;

            (c)         if the case involves alcohol — the concentration of alcohol found in the railway employee’s blood;

            (d)         if the case involves a drug — the degree to which the railway employee was affected by the drug;

            (e)         the action taken in relation to the railway employee by the person who holds owner accreditation or operator accreditation in the circumstances of the case; and

            (f)         any other information required by the Director General, by notice in writing to owners and operators, to be included in such a report.