Railway Safety Act 2005

Definitions, (Part 10).

93

93.—(1) In this Part—

“analysis” includes any operation used in determining the concentration of alcohol in a specimen of breath, blood or urine, and any operation used in determining the presence (if any) of a drug or drugs in a specimen of blood or urine, and cognate words shall be construed accordingly;

“Bureau” means Medical Bureau of Road Safety;

“designated” means designated by a member of the Garda Síochána;

“prescribed” means prescribed in regulations made by the Minister;

“safety critical task” means a task specified in paragraph (i), (ii) or (iii) when performed in the course of the operation of a F120[railway organisation], and—

(a) in the course of a person’s employment with the undertaking,

(b) under a contract of services with the undertaking,

(c) in the course of a person’s employment with a person who has a contract of services with the undertaking, or

(d) voluntarily or otherwise,

namely—

(i) driving a train, or in any other way controlling or affecting the movement of a train,

(ii) controlling, affecting or managing, the movement of persons on a train, on a platform, across a level crossing, or, the boarding of, or alighting from, a train of persons, or

(iii) working in a maintenance capacity (as defined in subsection (2)) or as a supervisor of, or look-out for, persons working in such capacity;

“safety critical worker” means a person who performs a safety critical task.

(2) For the purposes of this Part and Part 9, a person works in the course of the operation of a F120[railway organisation] in a maintenance capacity, if his or her work in the operation involves installation, maintenance, repair, alteration or inspection of, railway infrastructure or trains, or involves coupling or uncoupling trains or performing a pre-departure examination of trains.

Annotations

Amendments:

F120

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

Editorial Notes:

E88

The undertaking referred to in the definition of “safety critical task” 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.