What is the time limit for testing after an accident or irregular incident and after a “prescribed incident”?
The time limit for testing a rail safety worker in either scenario is 3 hours from the time of the incident. Clause 28 of the Regulation states that a rail transport operator must not, without reasonable excuse, fail to ensure that a rail safety worker is required to undergo testing within 3 hours immediately after the worker is involved in a prescribed incident while carrying out rail safety work. The Regulation defines a “prescribed incident” as any of the following that occur on railway premises: • a collision between trains • a collision between a train and a person • a collision between a train and a road vehicle or plant equipment • the derailment of a train • a breach of the rail infrastructure owner’s safeworking rules • any other incident that the ITSR may, by notice in writing to a rail transport operator,,declare to be a type of prescribed incident in respect of the operator’s railway operations.
