Railway Safety Act 2005

Safety management systems and F31 [ safety management document ].

39

39.—(1) For the purpose of complying with its duty under section 36 , a F32 [ railway organisation ] shall implement a safety management system and shall prepare a document (“ F31 [ safety management document ]”) describing the components of such safety management system.

(2) A F31 [ safety management document ] shall achieve the following two objectives—

F33 [ ( a ) it shall demonstrate that the F34 [ railway organisation ] has the ability to properly assess and effectively control risk to the safety of persons and the supply of material and contracting of services in compliance with its general duty under section 36 , and ]

( b) it shall provide a working document by which the F32 [ railway organisation ] and the Commission can ensure that the safety systems described in the F31 [ safety management document ] are being properly implemented and continue to be maintained.

(3) To achieve the objectives referred to in subsection (2), a F31 [ safety management document ] shall contain at least the following components—

( a) a general description of the operations, or proposed operations, of the F32 [ railway organisation ],

( b) a statement of the safety objectives and safety policy of the F32 [ railway organisation ],

( c) an identification of the hazards arising from the operations of the F32 [ railway organisation ], an assessment of the risks and details of the measures in place or proposed to mitigate such risks,

( d) the management and organisational arrangements necessary for the implementation and management of railway safety, and

( e) arrangements for monitoring, audit, and consequent review and revision of the F31 [ safety management document ].

(4) The Commission may prepare and, after consultation with the Council, F32 [ railway organisation ]s and such other persons as in the opinion of the Commission may be relevant, publish guidelines, from time to time, on the appropriate contents of a F31 [ safety management document ] and on appropriate technical principles and specifications, and a F32 [ railway organisation ] shall, for the purposes of complying with its duty under section 36 , in preparing a F31 [ safety management document ] or a revision to a F31 [ safety management document ], and for the purposes of complying with sections 42 and 43, have regard to such guidelines.

(5) A F31 [ safety management document ] shall be submitted to the Commission in accordance with section 45 for acceptance by the Commission in accordance with section 46 .

(6) A F32 [ railway organisation ] shall consult with its staff and staff representatives in the preparation of a F31 [ safety management document ].

(7) A F31 [ safety management document ] shall contain the title and office address of one person in a senior management position within the F32 [ railway organisation ] who is responsible for ensuring, and has sufficient authority to ensure, that the undertaking implements the provisions of its F31 [ safety management document ].

Annotations:

Amendments:

F31

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

F32

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

F33

Substituted (6.03.2008) by European Communities (Railway Safety) Regulations 2008 (S.I. No. 61 of 2008), reg. 7(1).

F34

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

Editorial Notes:

E21

The undertaking referred to in subs. (7) 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.