Safety duties

Rail operators
(Note: this category includes RSOs and RIMs)

Rail operators must ensure the safety of rail infrastructure or rolling stock operations carried out by them, so far as is reasonably practicable. This includes:

the provision and maintenance of safe infrastructure and/or rolling stock;
the provision and maintenance of systems of rail safety work that are safe;
information, instruction, training or supervision to rail safety workers to perform their rail safety work in a way that is safe; and
information to people on railway premises (other than rail safety workers) as is necessary to ensure their safety.

Rail contractors

Rail contractors must ensure, so far as is reasonably practicable, that the thing for which they have been contracted to do:

is safe for its purpose;
is decommissioned safely;
is tested and examined if necessary for compliance, and
that records are kept about what they are contracted to do, the results of any testing and examinations, and any conditions necessary to ensure the thing or work was safe for its purpose.

Rail safety workers

Rail safety workers must:

take reasonable care for their own safety and the safety of other people who may be affected by their acts or omissions;
cooperate with their employer with regard to any action taken by their employer to comply with this legislation;
not intentionally or recklessly interfere with or misuse anything provided to them by their employer in the interests of safety or in complying with this legislation;
not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

It is important that you understand your duties for safety. If you are unsure, or are seeking further information, please contact us. Penalties may apply if these duties are not met.

On this page: What are safety duties? | Do I need to comply?

Safety duties for rail operators, rail safety workers and rail contractors, place responsibilities on each participant in the rail industry to ensure safety, so far as is reasonably practicable.

What are safety duties?

The Rail Safety Act 2006 describes the safety duties imposed on people working in the rail industry. Essentially these duties reflect the responsibility that each person who is involved in the rail industry has to act safely. What this means in practice depends on what the person’s role in the industry is, and how much they can affect safety. The greater the person’s ability is to affect rail safety, then the greater that person’s duty is.

Do I need to comply?

The way in which you must meet your duties for safety will depend on whether you are a rail infrastructure manager (RIM), a rolling stock operator (RSO), a rail contractor, or a rail safety worker (RSW). You may fall into more than one category and if this is the case, you must meet the safety duties for each category.

The following table sets out how safety duties affect you.

Rail operators
(Note: this category includes RSOs and RIMs)
Rail operators must ensure the safety of rail infrastructure or rolling stock operations carried out by them, so far as is reasonably practicable. This includes:

the provision and maintenance of safe infrastructure and/or rolling stock;
the provision and maintenance of systems of rail safety work that are safe;
information, instruction, training or supervision to rail safety workers to perform their rail safety work in a way that is safe; and
information to people on railway premises (other than rail safety workers) as is necessary to ensure their safety.

Rail contractors
Rail contractors must ensure, so far as is reasonably practicable, that the thing for which they have been contracted to do:

is safe for its purpose;
is decommissioned safely;
is tested and examined if necessary for compliance, and
that records are kept about what they are contracted to do, the results of any testing and examinations, and any conditions necessary to ensure the thing or work was safe for its purpose.

Rail safety workers
Rail safety workers must:

take reasonable care for their own safety and the safety of other people who may be affected by their acts or omissions;
cooperate with their employer with regard to any action taken by their employer to comply with this legislation;
not intentionally or recklessly interfere with or misuse anything provided to them by their employer in the interests of safety or in complying with this legislation;
not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

It is important that you understand your duties for safety. If you are unsure, or are seeking further information, please contact us. Penalties may apply if these duties are not met.