New rail safety regulations: Rail Safety National Law (Queensland) Regulation 2017; Rail Safety National Law (Queensland) (Transitional) Regulation 2017; Transport (Rail Safety) (Fatigue Management) Amendment Regulation 2017

Commencement: The Rail Safety National Law (Queensland) Regulation 2017 and the Rail Safety National Law (Queensland) (Transitional) Regulation 2017 commenced at the end of 30 June 2017; and the Transport (Rail Safety) (Fatigue Management) Amendment Regulation 2017 commenced on 1 June 2017.

This group of regulations deals, collectively, with the extension of drug and alcohol testing to the rail industry and changes to the fatigue management system for rail operators.

In the Rail Safety National Law (Queensland) Regulation 2017 are provisions for:

• Preliminary breath and saliva tests;
• Requirements for providing a specimen of breath or saliva for analysis;
• Blood tests;
• Certificates and other evidence.

Essentially, this represents part of the scheme under which the regime for testing motor vehicle drivers is extended to train drivers. The regulation also deals with rail safety investigation fees.

The Rail Safety National Law (Queensland) Transitional Regulation 2017 and the Transport (Rail Safety) (Fatigue Management) Amendment Regulation 2017 amend the regulations dealing with fatigue management and standard work hours and rest periods in the rail industry.

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