Railway Safety Act 2005

Duties of safety critical workers and F116 [ railway organisation ]s.

87

87.—(1) It is the duty of a safety critical worker and is deemed to be a term of his or her contract of employment or contract of services (whether made before or after the passing of this Act) with a F116 [ railway organisation ] or with a person who has a contract of services with a F116 [ railway organisation ]

( a) not to perform a safety critical task while being unfit,

( b) not to make himself or herself available to perform a safety critical task by attending at work while being unfit,

( c) not to do anything that is an offence under section 97 , and

( d) to comply with the F116 [ railway organisation ]’s code of conduct and sampling procedures.

(2) It is the duty of a F116 [ railway organisation ] to take reasonable steps to ensure that a safety critical worker complies with his or her duties under subsection (1).

(3) In this section, “unfit” has the meaning assigned to it in section 97 .

Annotations:

Amendments:

F116

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