Railway Safety Act 2005

Medical fitness for duty.

112

112.—(1) A F130 [ railway organisation ] may require a safety critical worker to undergo an assessment by a medical practitioner, nominated by the undertaking, of his or her fitness to perform a safety critical task and such person shall co-operate with such medical assessment.

(2) F130 [ railway organisation ]s shall ensure that safety critical workers undergo assessment by a medical practitioner of their fitness to perform safety critical tasks.

(3) Where, following an assessment under subsection (1), a medical practitioner is of the opinion that a safety critical worker is unfit to perform a safety critical task, he or she shall notify the F130 [ railway organisation ] concerned, by the quickest practicable means, of that opinion and shall inform the safety critical worker of that opinion and the reasons for that opinion.

(4) If a safety critical worker becomes aware that he or she is suffering from any disease or physical or mental impairment which, should he or she perform a safety critical task, would be likely to cause him or her to expose a person to danger or risk of danger, he or she shall immediately notify the F130 [ railway organisation ] concerned.

(5) Where a F130 [ railway organisation ] receives a notification under subsection (3) or (4), it shall not permit the safety critical worker concerned to perform a safety critical task until such time as an assessment under subsection (1) confirms that he or she is fit to so perform that task.

(6) The Commission may, with the consent of the Minister, and after consultation with F130 [ railway organisation ]s, organisations which represent staff of F130 [ railway organisation ]s, the Medical Council, the Health and Safety Authority and such other persons as in the opinion of the Commission may be relevant, make regulations in relation to all or any of the following—

( a) the nature of a medical assessment under subsection (1) and the matters that shall be assessed, or

( b) the frequency of an assessment under subsection (2).

(7) The Commission may, after consultation with F130 [ railway organisation ]s, organisations which represent staff of F130 [ railway organisation ]s, the Medical Council, the Equality Authority, the Health and Safety Authority and such other persons as in the opinion of the Commission may be relevant, publish guidelines in relation to the types of disease or physical or mental impairment which may require notification by a safety critical worker to a F130 [ railway organisation ] under subsection (4).

(8) On each occasion that a safety critical worker attends his or her medical practitioner, he or she shall inform that medical practitioner of his or her position as a safety critical worker.

Annotations:

Amendments:

F130

Substituted (25.11.2013) by European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d).

Modifications (not altering text):

C25

References to “the Equality Authority” construed (1.11.2014, establishment day) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(2), S.I. Nos. 449 and 450 of 2014.

Transfer of functions to Commission

44. ...

(2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.

...

C26

References to “the Medical Council” and “the Medical Registration Council” construed (1.05.2010) by Medical Practitioners Act 2007 (25/2007), s. 108(3), S.I. No. 150 of 2010.

Construction of references to registered medical practitioner and Medical Council, etc.

108.— ...

(3) Every reference to—

( a) the Medical Council, or

( b) the Medical Registration Council,

contained in any other enactment or any statutory instrument shall be construed as the Council within the meaning of section 2 .

Editorial Notes:

E67

The undertaking referred to in subs. (1) appears to be a reference to a railway organisation in accordance with European Union (Railway Safety) Regulations 2013 (S.I. No. 444 of 2013), reg. 20(1)(d), which provided for the substitution of “railway organisation” for “railway undertaking” in numerous sections including this one.