54.—(1) Where a member of staff of a F82[railway organisation] or a person working under a contract of services with a F82[railway organisation] becomes aware of—

(a) information relevant to the investigation of F83[an accident or incident], or

(b) a risk arising from the operations of the undertaking which in his or her opinion is not adequately controlled or mitigated by the undertaking,

he or she shall inform the F82[railway organisation] of the information or as the case may be the risk and of his or her opinion.

(2) Where, having informed a F82[railway organisation] under subsection (1), the member of staff or other person is of the opinion that the action, if any, taken by the undertaking is inadequate to comply with the general duty on the undertaking under section 36 or to comply with any requirement on the undertaking under this Act, he or she may inform the Commission in writing of that opinion.

(3) Where a member of staff of a F82[railway organisation] or other person working under a contract of services with a F82[railway organisation] informs the Commission of his or her opinion in accordance with subsection (2), he or she shall not be disciplined, be held to be in breach of contract or in any other way disadvantaged for the fact that he or she has informed the Commission.